The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-07-10
Seeks to stop Him and His
Son From Producing
Opera Here.
ASKS FOR AN INJUNCTION
Denies That City Club Season
Is Plan to Bother
1mpresario.

hC NAVtiOpOIitau opttd SVbpouv UCs
gan yesterday its efforts to compel
Oscar Hammerstein to keep the agree
ment entered into by him In April, 1910,
not to give opera in this city, Boston.
ten years by serving him with the sum.
mons and complaint in a suit for an in
junction.
1t was at the close OF his term as i'm
Of the Manhattan Opera House
that Oscar Hammerstein sold out for
N.2oo,0oo to the Metropolitan Opera
Company. Mr.. Hammerstein is build
Ing an opera house on Fifty-hrst
street and Lexington avenue and Arthur
Hammerstein, his son. who Is made CO.
Ia engaging artists for him in
Europe. Mr.. Hammerstein has an
nounced that the new opera house will
be open next winter.
The summons and complaint In the
action were served yesterday on Mr..
Hammerstein in his Office at the Vic
toria Theatre BY Alfred Selgsberg Of the
VI w IS0 q 3cISSUCIk, n,
the Metropolitan Opera Company. Mr..
Hammerstein. who had been notified
that the attorney would call with the
papers. was waiting for Mr.. Seligsberg,
Associated with Wise & Seligsberg as
counsel Is Paul d. Cravath. one OF the
directorr Of the Metropolitan Opera
Company.
Not seeking Proat.
The complaint begins with an inter-
esting admission as to the state Of the
Metropolitan Opera Company at pres
ent. The third paragraph says:
The plaintiff In not engage. IN such
enterprise for financial profit. but sole,y
with the view Of meeting the demands
Of the musical public In various localities
In which II presents its productions and
Of f,irthering the cause Of grand opera
The production Of grand opera OF tho
highest character and standard as given
by plaintiff. ID inherently not q profita BILE
venture and 10 attended with great hnan-
cial risks and only under the most favor
able circumstances does II result In imam
cial profits.
since the year 1905 plaintin has been
unable TO pay any dividends whatsoever
to its stockholders and now has large
deficit owing to the fact that its aggre-
gate income since that year has been
less than its operating expenses. Plaintiff
has been able to continue only through
the support of its directors. who from
time to time have advanced funds for that
purpose. most OF which have never been
repaid"
That the competition Of the Manhat-
tan Opera House interfered seriously
with the prosperity OF the Metro
politan Opera House. while both enter
prises were conducted at loss. IL
admitted by the Metropolitan Opera
Company In the complaint. and the
overtures looking to a sale OF the Ham
merstein properties were made. accord
Ing to the complaint. by the owner Of
the Manhattan Opera House.
Property In Had Condition.
1t 10 said also that the opera house
In Philadelphia was worth far less tina n
N,200.000 and was in had condition,
necessitatlng a considerable expenditure
for urgently needed repairs. The seem
cry. costumes and other property pur-
chased from defendants were in a
similar condition
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