New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-02
AN OLD THEATRICAL SUIT.
MARSHALL. II. fALLORY GETS A DEClSlON
AGAINST STEELE MACKAYE AFTER
EIGHTEEN YEARS.

After a period Of eighteen years, the Cniteo
States Circuit Court OF APPEALS has given lnla
decision in the case of Steele Mackaye ana Mai .
shall H. Mallory judgment IS given In FAVOR Oh
Mr. Mallory. with costs, with Instructions 10 'iie
cour, below 70 dismiss the bill The opinion says
eft must be concusively established that Mack
ayes breach of contract without adequate JUS
tifcation and that beins so. IL must iolo" '"''
Mallory was absolved from further performance VI
tho obligations Of the contract and was not
liable to account" Further. II is said II MacN-
ave had observed the contract. he would not have
been entitled 10 any profits at the time because
none had accrued according TO the contract oasiS
This case WAS one which involved Steele Macka!e
a. manager Of the Madison Square Theatre. ana
Marshall II Mallory and his brother. 'he NJ
George II Mallory. proprietors OF the 'heaue'
The decision forms the completion OF one Oh '.''
most interesting bits OF New-York theatrical MS
tory of recent years. Mr. Mackaye was an actor
ou,hor manager and inventor. He had h!sh ideals
IN regard 10 the stage and he tried to carry 'hen'
out Al the Madison Square Theatre. II was MS
aim 10 Get together the hest possible stocN C'i'
ro,v and 70 divide some 20 or 30 per cent OF the
net nrofts OF the theatre among the leau'"s "O
,r order 10 make them feel more active interest
On the welfare OF the theatre and the proSpe,n'
Of the plays He also meant to pay high roya,,ieS
20 any authors who could write plays to SUIT NM
He nroposed about - per cent. The usu' Toy any
,atd N dramatic author is from TO ~ per cent
IL o,arad The theatre IN April 1879, with mis- own
,,ay aftermath: or Won at Last
II his efforts on behalf OF the stage MI Ndcha'e
- ne ~, contact with the Mallorys and had IN
,sros,od them I'm his plans TO such an extent lh"'
-. a5,.anc.d him money for carrying them Out
1Io s,cned a contract with Marshall H. MaIlor|' ny
~ ,er,,s Of which he was 10 give him MS eH''e
so,v,ces as author actor manager or director GU
,hn .,,,o rroduct Of his intellectual labor ana Sh'
NTH the copyrights OF his plays ana any PH'em'
,ba, he might Obtain. This contract was /" u. 40
Ton wears from July /. 1879. with privilege Oh ~
newal and Mr. Mackaye was 10 receive a san. 80 -o
$500 This salary was afterwara r'is - vice The
Also whenever the profits amounted 20 'WH,,crost
9roo,nt exoended by Mr.. Mallory. Win M NJ ~,
MI Mackaye was to receive quarter VI '"' NV
profits In addition .,,.. u.os tbon reftted
I'D tho double stagc-sjiI in use-whlch NJ - .r
ksve had invented put into IL. ne o.e and
was placed in a htle naConN 90 vcrors,ructon and
there were other pecullariticS OF c"IS. uSthi. ar
ARRANGEMENT which were reSalGIu a. I.teo6 md
that time The theatre was wen au. ~, ro,,rtr,.
became one of the most famous ~. ,,ti.i ~,
u onened with Mr. Mackaye's play, hdztl ~
an Admiration rearrangf mcnt or deNcNPtl.. 80 -
Ire older play. The Willow Copse ntIode -, H.,
other cities. under the ttlc "' -. cor ava
This had remarkable success, ruunIhs, 80, 80
hundred performances and heing pIaE'N "u' va
TOWN nv three four companies. 80 ,,.,.,.. . ~
7',,o, mo trouble arose between Mr.. MackaNe anu
tho Mallorvs and their association was nIuh',' IA
Mr. Mackaye charged that ne man s ~, tb@re
CENTS. that prices had been changed az thc 1oN
fee etc He asserted that he haa nsa1r md
INA, Inc NallOrys had intcrfered with ms HIdiat'l
ment and had caused his name 70 De 49,
from the advertisements o. ,ny iV ,nars when NJ
Wartaye died. on February g. 1894. The suit vi
continued by his estate