New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-10-13
THE COURTS.
"FoRGET-ME-NoTr IN coUpr
MISS WARDS SUIT AGAINST LESTER wALLAcK--r

MISS WARDS SUIT AGAINST LESTER wAILAcl,,,,
TWO CONTRACTS FOR THE PLAY.
The trial OF the suit begun by Miss Gena-
We've Ward against Theodore Moss and Lester Wallace
restrain the production at Waack's Theatre NJ a.
play Forget-MeNOt," and for damages was contio,oa
yesterday before ChefJudge sedgwtck in the super,o
Court Miss Ward called a witness and testisea
that her principal object in executing the contract with
the authors of the play was secure the exclusive
right to represent 1t in the United States She repeate
told the authors. In the Of the negotiations Tho,
she wanted play in which she could make success IN
London preparation for "a tour in America sho
wanted play for the United States but no play oud
answer her purpose unless it which could Ina
successfully represented in London.
william L. Sim, the manager Of the BROOKLYN p.rk
Theatre testified that 1t had been agreed between him.
could make a success in play IN London. sbe
should come with It to this country and make an ex.
tended tour under his management.
When Miss Ward had brought out Forget-Me-yotv ~,
London with such success, he made written eonta et
with her to play it In the United States He subse
quently received notice that Mr.. Moss disputed Miss
Wards claim to the play. lie called on Mr.. Moss who
told him that he had contract executed two years be-
fore MISS Wards. Mr. Moss held up before him paper
on winch contract appeared to be written and signed
by the authors He did not let the witness take the pa
per IN his hand, but gave him to understand that
he based his prior right TO the play on n
and that it had been executed two years
prior to the Ward The witness refused to carry
out mis- contract with Miss Ward under these circnm
stances lie had already been to considerable expense
in leasing theatres about the country and not dis
posed TO spend any money as long Miss Wards
title To the play was disputed
John H. Bird Miss Wards attorney, took the stand ann
testified that, upon learning OF Mr. Moss's claim to
Forget Me-Not," he went to him and showed him a
COPY OF Miss Wards contract. Mr. Moss said
to- bin: Your contract IL worthless. have q
written contract with the authors for the right
10 the play In the United States which executed in
1873 two years before your contract Al later inter.
yew Mr. Moss showed to witness written contract OF
the a hors which was without date. He said that he
would swear that the contract although IL bore date
had been executed two years prior to Miss Wards
tract MIR Moss in his examination before trial denied
having made any such statement TO Mr. Bird. and adj
mtted his written contract executed March
tract lie also testified that the consideration for his
contract was an agreement to pay royalty.
Joseph II. Cnoae. counsel for the defendants read in
evidence the deposition Of Florence C. Grove. Mr.. Grove
drries that any mention made OF America In the
negotiations between Miss Ward and himself He did not
know he had any right sell in the United Staes In
his erOssexamiDatiOn which was read by Mr. Bird, Mr..
said he granted any right to the play 10 Nh
Moss prior 10 March TO- 1850 Mr. Moss never acquired
any right from him ia 1873, either under verbal or
written contract There was no peonniary considera
ton for the contract with Mr.. Moss In lss0. The
authors rights In the play In the United States were
signed Mr. Moss who was at liberty 10 make what he
could out OF them.
OF spoken Of by him while nc negotiating with Miss
Wa for the sale Of bis play Mr. Meriyaes erossexaln-
heard OF M Moss until January, 1880, and never as
signed to aim any interest in the play until March 10.
nominal There was engagement on the part Of Mr..
Moss pay him royalty for the play lie LEFT the mat
ter O remuneration 10 the generosity OF Mr. Maaek IN
case the play should prove successful in the United
States The trial will be continued to day.