The New York herald., 1879-01-01
THEATRICAL TROUBLES.

HARK1Ns AND f1sKE OF THE FIFTH AVENUE
THEATRE AT 1oeGERHEADs- Ds-AN INJUNCTION,
ACCOUNTING AND RECEIVER APPLIED FOR.
Messrs. Daniel H. Harkins and Stephen Fiske, les
sees Of the Fifth Avenue Theatre. the former well
known as the stage manager and the latter the
business manager have appears evolved from their
mutual management little unpleasantness. and
evidently there being way to effect an amicable
settlement Of their differences the arbitration Of
the courtshas been finally evoked Mr. Harkins. who
claims to be the aggriovod party has taken the
itative in the legal proceedings and asks foy
junction restraining the further prosecution of the
copartncrship in the conduct of the theatrical busi
ness, and also demands an accounting by Mr.. Fiske
of all the receipts and disbursements and the ap-
pointment of receiver of the theatrical properties
and effects.
MIR. HARKINs' COMPLAINT.
The complaint of Mr.. Harkins is both voluminous
and explicit in its details After setting forth the
partnership agreement entered into between himself
and Mr. Fske the Sd of June last he alleges that
Mr.. fiske has wrongfully converted about $4,000
more than he was entitled to under the
quence that the business cannot be carried
on. without additional capital that Fiske has
failed, after a demand to furnish his share OF the
additional capital: that the paper OF the firm
will go to protest; that they will be dispossessed
unless such additional capital is furnished. and the
business be irreparably injured: that under the
agreement Fiske required to deposit each day
III the Second National Bank the receipts OF the
previous day and pay by check that bank the
expenses; but that instead of doing he has
paid the expenses and disbursements directly out
the box Office rcceipss that Fiske has kept
no books OF account, SO 1t is difficult to
find proper, account and check on the financial
branch OF che business, and that the same
has IN consequence drifted into hopeless confusion
He alleges. further. that an understanding between
himself and Fisko that former attaches and EN-
poyes under the former and individual administra
ton of Fskc be dismissed has been violated by their
being retained He next AYERS that at the time of el,ser
ing into the copartnership Fiske had the repu-
tation or being offensive in his manner
aud behavior and insulting TO persons having bust
ness with the theatre especially that in his inter-
course with persons having business with the the
atrc aud with the members OF the press e has boon
injury 10 said busncss;' that Fiske promised to
come ut ten o'clock in the morning daily attend to
before twelve or one o'clock. that he nrkis) had
hardly any opportunity to consult with him. that
fskc has charged against the business matters of
pense arising before the partnership and has altered
tho dates of bills for that purpose, and that in con
sequence the copartnership cannot continue Ia its
CONTESTED ITEMS.
In an Affidavit annexed to the complaint Mr.. Har-
Lins charges Mr. fissc with ha, ng paid sas bill of
$g4 73 incurred under his previous management
Other objectionable charges also partic in
the affidavit Among these are Lotos Club. :23 80;
Victoria Cumeron.. $40; clothes, $65 cigars x3e.
There is gas bill for S10l 10 charged as paid ON
which, is charged there had been an abatement of
100 of the receipts of the business to his own per-
soial account instcnd of the joint account of the
partners aud that there is deficiency OF SO ~ In
rent, and numerous other Irregularities.
RocELpNos COURT.
Tho the Supreme Court Cham bers 4.
calendar for hearing yesterday and on being called
ex-J,tdge Dittonhocfer answered ready for Mr.
Aarkns, who Present in court, his very natural
interest in the proceedings having induced him 10
put In an appearance. MIR. A. IA. Hunnnel, of Messrs
Howe & Hunimel who had been retained by Mr.
fiskc az his legal representative, said hc was com
pced to ask an adjournmcnt Of the motion in con-
sequence OF his not having been served with copy
OF the moving papers until ten O'Clock on the
evening previous. He supplemented his request for
All adjournment by his affidavit TO tho eficc; that
Manager tisko IN confined TO his sick chamber and
utterly unable in the brief time allowed him to prpp-
erly prepare has specific denial of the statcments
mado by Manager HsrAins in the afidayts on which
an Injunction aud receiver Is sought.
Ex-Judge Dittcnlioeier insisted ON having the mat
ter heard at once, urging that when Judge Donohuc
signed the orde- rcturnablc yesterday morning he
intended should lie heard ut once.
Mr.. Hummel replied that he wanted sufficient time
TO prepare ahldavits In rebutta and judge Van
Worst said that he saw reason why the matter
should not 90 under these circtniatabce4 Ne
accordingly postponed the argument until to.mor.
row morning, ut haf-past ten clock
The theatre will remain open under the ,napay,.
ment of Mr.. Harkins, and Jefferson continue 10 uay
Grip Van Wrinkle" All the novelties announced
will be produced. aN