Court Of Chancery, Saturd...
The Times, 1824-02-09T00:00:00

LAW REPORT. 'I'he LoRD CltA?CELLOR proceeded with his judgment. He took in review the diffirent obligations by whith the parties were bound with each other in the leasing of the theatre by hlr. .Henrv Harris to tir. C. Kemble, Ar. Forbes, and air. Willeti, in 1822, together with the changes in the management, and some or the sub- sequenttransactions, whichii-recomplained of byMr.Const, as being contrarv to the obligation, of the deed of 181. Among these transection3 `he particularly noticed the discharge of Alr. Brandon, the former treasu:er, and the anpointment of Mr. Robertion, dte present trtasurer, and the payment of a suta of money to ,Mr. H. Harris. Having generalized, .at length which it would not be very profitable to imitate, on the effect of usage, whether ancient or newly incidental, in fixing or altering this dispositions of a partnership agreemnent, he was clearly of opinion, that unless Mr. Cor,it h5ld b-en called in and consulted, or unless the deed of 1122 was ctefctual to his exclusion froni the right of inter. ference, those were transarions which could not hold. He would not even answer ror iMlr. Robertson's safety, if he had paid out moniey to Mr. Harris contrary to the provisions of theSdeed of 1812, unless it could be Qiown t2iat alterations ha.r'zptn in which ejiber-Ir. Constor his testator had tcqaiesco,2o. i sne tteed-T 1822 had quiLe excludcd his right as executor to interfere, which last poni w-ould b- most difficult to make Out ' for how could the Court contemplate :he poiwer of less;ees for a term of years excluding the right of interference of him who had an estate foi life? Nowv thc question was, would the parties adopt the advice which he had so frequently given them, and get out of the HUll as fast uLS they cou:d ? It was one of the most consoling reflections If his lis e that in every case of theatrical propertv w.ich had come before him, he had done all in his pewer to preservc the parties from the unavoidable roischiefs of the Court's inter- tercnce, and to induce themi to retire and be a Chaucery to themselves. He wished to know if rater what he had now said, the parties v.wuld meet otice more and endeavour to comie to some acs coounodation. He would defer his directions till Mionday se'nnight , in thie ican time the parties must meet and see if they could not -ree, each of thenm acdng wvith a bonafide intention of L'ulfsling the deed of 1812 upon the appointment of a treasurer. .Mr. HART wvished to know, apart from the present direction of the Ciourt, hIow far he was to consider his client concluded bv his Lordshtip's judgment ? He had in the course of tbese proceedings offered sonie observations to the Court upon the effect of that instru. inert of 182, whirs, from his Lordship having directed no part of his Judgment, he must conclude had new fallen to the eround. But. had it been worthy the attention of the Court, be bad endeavoured to show that it was part of Alr. Conse's case that the deed of 182-2 had actually ousted hin of his rights as executor and tenant for life under the deed of 1812. The LoRn CHtANCELL.m.OR said that he would not be undersgtod as putting that deed of 1822 out of the question. It might, on the contrary, be very mnaterial to consider the forceofit, in an)y new ob. servations to be addressed to the Court. Alr. HART said that this case had coine beforethe Court in Mlav last. Dlr. C'onst had made an affidavit that three quarterly pasmenit hait since become due, of which portions had been paid out to Mr. Harris con trary to the agreement of 1812. If the cause should re. main another three quartets of a year undecided, Air. Harris votthd continue to receive his payments agaiast the good faith of the partnership contract. The LoItD CIIAxCVLLOR allowed a conditional order to restrain the Treasurer from payingout any money, except for those expenses for whith the deed of 1812 prorides, until the furtber directions of' the Cu,, rr COURT OF CHAIN MRYSATTRn -v-U. T COVENT-GARDEY TfIEATPP-rR-E_rr Q