The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-11
FIFTH AVENUE THEATRE.


TIE SUIT OF MEssRs. GILsEr FOE IT'S POSSES
sIoN-AFFIDAvIr OF RECEIVER BEDFoRD-Mh'
| FIsKE's AFFIDAVIT.
1t was understood that the dispossess proceedings
brought by Messrs. Gllsey proprietors OF the Fitn
Avenue Theatre. against the essees. Messrs rlske
Harkius. and the receiver. ex-Judge Cunning B. Bed
ford. would come up again yesterday morning AZ
halfpast nine O'Clock at the Sixth District Judicial
Court. corner of Eighteenth street and Fourth
avenue before Judge Kelly. At that early hour.
legally speaking Mr. Blatchford of counsel for Re-
cever Bedford ex-Judge Bedford. Mr.. Steinhardt OF
| Howe Hummel, counsel for Mr.. Fiske and Mr..
Newschafor attorney for Messrs Gilsey. were pres
ent ready to proceed to the combat. Mr.. Harkins
was not represented. Judge Kelly, however. was ILL
and SO Judge Campbell had to be sent for. and for
three long, mortal hours the party waited patiently
for the arrival Of that Judicial luminary. Finally
Judge Campbell came. and then he promptly called
the case The lawyers announced whom they repre-
scented. and Mr. Batchford submitted the following
affidavit OF the receiver
To the Honorable WLLAs H. KELLY Justice Of the Dis,
Of the City Of New York for the sixth Judicial
The answer Of Cunning Bedford no e receiver
sSs sis q:
affidavit Of complaint o. William ~ Us agent
OF FSs on q
int yss .,s y Daniel
q as
ship until the fsr.hcr Of the court.
davit Of the said Nsyschaisr responasnt has
knowledge information sucsnt to form belief and ne
as e may advised except that your respondent
sSid caused from respond
Of - m and for So s ssss ~ s to "o
erty commonly the Fifth Avenue Theatre in the
GhYonr respondent is informed by the said dcfen-
dant Stephen Fsk that no .ad a Tsss
these and or aSo 10 nv Idun
If s said
have defence upon the merits or any Other defence 70
the to this court; and that when =" pre-
p TyThe orssons to hs Honor
amy, may be protected and enforced
NEW LORE 'A"' = GGNNING s. BEDFORD. Receiver.
BLArcHroRD. SEWARD. GGlswoLD DAcosrA, Attorneys
Attached to this answer was the sworn veriAcation
Of the receiver. which was also read by Mr. Blatch-
ford. Mr.. Blatchford added:--Your Honor sees that
the receiver submits the matter entirely to your
disposition"
Judge Campbell responded. mo defence is neces-
sary OH the part OF the receiver"
Mr.. Steinhardt asked for an adjournment IS Mr..
Fiske was sick in bed and he desired to put in Mr..
Fiske's counter affidavit
$50 JUDICIAL DIGNITY AROUSED.
Mr.. Newschafer (sharplyl-No Adjournment can be
granted in dispossess proceeding unless counter
Judge Campbell lin an injured tone-C Counsellor, +
think know my business. This is not an adjourn
PENDANT chance to put in affidavit. with with
ering glance)-Counseilor. think know my bust
nessl
Mr.. Newschafer enthusiastically think you do.
Judge Campbell somewhat appeased)-I think
know 1t fairly anyhow.
Mr. Steinhardt said he willing to run d.
recty Mr. Fske s,residence 1T Twenty third street
aud Third avenue. and procure his affidavit right
Judge Campbell--IIl give you paper pen and ink
to take along
Mr. stein6srdt- Thank you; I'll find those there.
Exit youthful counsellor)
Judge Campben-Then we'u take recess for half
al hour.
Newschafer were engaged in . friendly exchange OF
views the relation and rights Of the receiver in
this controversy and the Judge was heard to combat
ions to the personal responsibilities OF the re-
ceiver. III about half an hour Mr.. Steinhsrdt came
rushing in with piece OF paper on which the ink
Mr.. Newschafer (exctedly)-I object to the reading
of the counter affidavit because it contains counter
Judge Campbell-wait a moment: let's hear what
Mr.. steinhardt now read the following affidavit In
voice OF profound emotion:-
MR. yisxx's AFFIDAVIT
duly Ivy sworn Say. says that person
summons herein tenant of tho said landlords.
U
of the payments said landlords for
of The In said described and
that by thereof this deponvnt denies that he
the said firm Of Fske Harkns IL in
said landlords account OF the rent Of said
premises In the sum OF VI 800 or In any other sum-
Deponont further that no denies that any good
legal icent demand has been made upon them f0r
this Of said promises MS in said summons described
be dismissed. STEPHEN FISKE
sworn 10 before me this 10th day of January, 1870
BENJAMIN STEINHARDT,
Commissioner of Deeds, Now York city and county.
Mr. Newschafcr gave it as his opinion that
counter claim no defence at ALL because II Mr..
Fiske had claim against the dilseys he could sue
them.
Justice Campbel-But he denies that he owes
them any rent-thats the point.
Mr.. Steinhardt submitted the following
counter claim the first amount in which figures ~
deposit in advance of the rent
THE COUNTER CLAIM.
Messrs the Executors OF the Estate of Peter Gsey,
in account with Messrs. Fiske Il Harkins:-
1878. Dr..