Year: 1867

Liability Of n Surety for tho Fuihment Of n


Contract.


Before Judge Belts


Smith d Baker against Breiostr. is suit Of some
interest and importance members OF the theatrical
profession. II out of contract entered into be-
tween the plaintiffs, lessees of the New York theatre
and Sae A. Hinokley, the danseuse and principal in the
piece called Cendrlon, to the performance and fulfil
OF which contract the part of Sallic A. Hncey
the Defendant Brewster became surety to the plaintiffs
The contract set forth in the afdavs OF the plaintiffs
recitcs that or about the I'd OF November 1906 the
plaintiffs entered into an agreement with one Sae A.,
Hnckley, by which they agreed to give the said Sae
A. Hnckley for three months the exclusive the
company, orchestra mechanics and attaches OF tho New
York theatre and tho exclusive use OF all the machinery
other appliances in the said theatre for the produc-
ion Of theatrical plays therein and also agreed that the
said Saie A. Hinckley should receive the entire gross
receipts of each nights performance in said theatre
ing the said term for her and benefit in consid
GRAFTON whereof the said Salle Hinckley agreed pay
the plaintiffs for the rental Of the aforesaid privileges
tho of 5000 per week, in advance, Monday
ing each week. and to the entire responsibility
and payment OF the salaries and remuneratons Of the
company, orchestra mechanics and aaches and also all
bills for gas painting. advertising internal revenue and
any and all expenditures ordinary and extraordinary
that might be incurred in tho production of the per-
formance and carrying the business Of said theatre
during said period; and also to respect and keep the
then existing between the plaintiffs and their
employees and to retain the services during said Of
the plaintiffs and pay for the same the Of 800
week: that since said agreement went into effect there
have been least sxtyseven theatrical performances
in said theatre that the gross received there
from have varied in amount at zach performance and
tho have been received by the plaintiffs and
placed TO the credit of the said Sae Hinckey, and
that they have made many and large payments
OF the said Salio Hinckey for tho of
the employees in said theatre; and also other pay
ments on account OF tho bills due for tho
various items specified In said agreement, and
have also paid out and expended account
OF the said Sallie A. Hinckiey in discharge Of the
obligations assumed BY her in the said agreement
large from their private MEANS and that In
and just accounting between the plaintiffs and Sae A.
Hnckcy there will be found be due from her TO the
plaintiffs the sum Of s. 200 as that the said Salie A.
Hnckiey Terminated the sGd agreement the 18th day
OF February 1867 and sailed for California the vsh
OF March, leaving her covenant and engagement unful-
filled leaving property IN the State Of New York.
The plaintiffs then state in the affidavit that the day
and date OF the before mentioned defendant
Brewster for good considerations undertook and pro-
missed the plaintiffs that IL tho said SallIe A. Hnckley
should any time make default In keeping and per-
forming all the covenants 10 said agreement the said de-
fendant would pay TO plaintiffs all such damages they
might susa thereby.


Upon this promise and obligation on the part or the
defendant plaintiffs have commenced suit against him
and applied writ OF Great repuba it appearing
TO them that he intended 10 sail for California per
steamer The writ accordingly issued, and ycster-
day nc arrested and default OF ball. he
deed into tho custody OF the United States Marshal and
lodged in Ludlow street Jail At this stage the
stands at present