New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-01
WON BY MARGARET MATHER.
A TEMPORARY VICTORY, AT LEAST.
JUSTICE LAWRENCE DIssoLvEs AN INJUNCTION
OBTAINED Hv MANAGyE J. NJ. MIII.


JusTICE LAWRENCE DIssoLvEs AN INJUNCTION
OBTAINED nv MANAGER J. NJ. hill
Margaret Mather the actrcss now Mrs. Iaberkorn,
has won victory in that branch Of the litigation
between her and Manager J. NJ. Ill., OF the '"lo"
square Thcatre IN which the latter sought to OBTAIN
from Justice Lawrence, of the supreme court
permanent Injunction restraining her iTOm perlornS
under contract with Gilmore & Tompkins' manageiS
of Niho's Garden and the Academy OF Music Mr.
Hin claims that she IS bound by contract WIN
him To perform exclusively under his management
until Juno d. 1898. and that her contract Win ''i
more & Tcmpkns signed on May 10 lo7o "i''o si'o
was under contract with him, Is void I've SAYS ITO
discovered Miss Malhcr and paid for her ihSun'"o'
and that her hIsfrionic powers are his for the fh
term OF his contract with her. She denies 'lS'
aver,inr that her contract with him was for CO.
nar,rersbip under which she was 10 receive one-hai
~ tho nroffs and that he has violated this compact
failing To nav her her share of the prohts sho lut
thcr saws that he rendered her an acco"n'ihH
and that he deceived her I'm investing her money IN
worthless securities The decision OF Justice law
renee was received yesterday from Bar llarbor where
he is sucndlng his vacation. II dlssoves the tempo
rarv Injunction granted some time ago pending her
s,,t before Justice 1neraham. in which she seeks
dissolution of the copartnership and an aooouh'ns
Justice Lawrence says: 4.
An in Junction pen dente Tito should not DC e rs"
cases OF this character restraining the DEFENDANT from
~ r-o,oss,onalv unless IL clearly appears that the
psinun has fully performed on his part all INV 49,,
ments OF the contract between the pafu'S an" ,o
defendant has violated the contract Pe' - -
,aner. read upon the motion shows that the oo'ou ~
,or, cronnls for alleging that the paintr has hoV
In many respects conformci TO the provisions Vi '".
tract The questions Of fact in dispute cannot " ,.
toriv determined on afdavits. but II cannot U
the doendant alleges many facts which, II tiue'
e. ho l,rr has not properly accounted 70 her Tor her
.ho,o ~ Tho nodts nor invested such profits IN
with her directions after thoroughly appiishR r VI
,chts IL NAV undoubtedly turn out upon inc "'' -
Tho ac,,on that the alterations Of the defendant So W
true but the burthcn Of proof upon this motioh Il WA
l,in,ie and unless he succeeds IN establishing l '
faithful performance Of the contract on MS par"
tahlished principles OF equity preclude he rom
N him the stringent remedy which he SOCKS. l' PC
go h.s not nm the aGsays in my opinion mao oHt SIG"
\ cas-, To continue the injunction until the u''' ." vas
cause nlaht work great injury TO the del'h''''' an" ~
that trial las been had and the accounts h'Nc " 80
exa-ninoa IL will b. impossible 90 reach usl o"i'"
nc 70 the rights OF the parties. Furthermore J." "i"
from the rarers that pending another action i0' '
dissolution 81 the ALLEGED copaSinershp ana lo' -. ~"
counting That action has been tiled ana II inc p"'"-
here who IS the defendant there. should on thf o''
,.ron n. aha, tra he found be entitled 90 equ'oe IT,
liz, IL viii he awarded 20 him by the court =. me enc
stands before me l an, howcves unable to cohoui' o..
n mos careful consideration % the opposing anDa's ala"
ou,bt 20 continue the temporary injunction hoe'o'io
Granted and the motion for purpose WILL therefore,
he denied ana the Injunction dissolved with cos'-'
The decision Of Justice Inrraham IN Mss Mathef
suit against lin IS expected next week rom '"'."'
where the judge IS sojourninS IL tho procedures
lcfore Justice Lawrence Mss Maiher was opfcSen'eo
TX ex-Judre 4 J. Dntcnhocicr, and The plalniH ny
Howe d liummcL
Mr. IIiI set forth In his papers that IN ISL a.
The request q an acquaintance Of his Dr. W. W.
Iovllv. he listened 20 rccitals Of Miss Na'h'r anu
afcrward made contract With her for period 81
TX years the first year Of which was 10 be d'Vo''d
70 study OF hc lls;s IN Which ~he was TO appear am
10 giving readings to dramatic critics, ami me lN'"s
were TO De- divided On The proportion OF - per cent
e. Mss Metacr tie first acting year and thereafter
20 nor c.at: TIA; She performed un1'r TIE contract
and lai-c profits vrer realized. AMI IN February.
49, fhe co.t,act was renewed for p further pfiod
a.. >fy wears from sumo l. 1887. Ii oNpn~ltNh ~ ,",
motion Miss Ma'her commended tat during tHf islAu
elc perf.rIcd under the first contract of juno ~
although over 100000 profit had hc'n WaN ~
received In cash h' terminal ION Of gee rlta-'ih'ii
no more than $500 a the result ga sN l'NS "l
labor. that Mr.. hll. without authority. nVesind or
claimed 10 have invested $1,000 OF ll'niS dut 10
lcr Ina a corporation owned controlled and man2-rt
b, Mr l!n la Chicago. and Whch Mr. I'M 49,, -
has been lost that Dc charged heg win one-lai OF
over $4,000 losses sustained al N" Union Slia..
Theatre dIilug tho season when Romeo ana juno
was performed tlorc and which included losses .liS
tainel Ia the con uauies of NJ. I'M IN which Hiss
Nafhcr had mo- interest whatever, that she has never
bon ahlc 70 have an accounting or an CNainiid f1h
OF the books. and her efforts To examine lle boohN
and voucher, failed Size a.sO commended that IN
other poets Nj I'M had not fulfilled his contract