Year: 1874

MISS FANNY MORANr HELD TO HER CONTRACT WITH


MR.. DAILY.


The extraordinary legal proceeding Of apply
ng to a Court OF Equity for Injunction against an
actress to prevent her from giving her services to
rival theatrical manager resored to by Augustine
DAILY. manager OF the Fifth Avenue Theater against
Miss Fanny Morant. The history Of this theatrical
trouble, developed in the Superior Court during the
arguments before Judge Freedman order to show
why preliminary injunction granted should not
be made permanent. is as follows


Miss Morant OF the regular company at the
Fifth Avenue Theater last season. at tl2O week. The
contract renewed for the present at $3.50, 1t
being expressly stipulated that Miss Morant not to
give professional services to any other manager In
this city during the season; she TO get suitable
parts in the Ffth-Avenue Theater, and that If she
wished TO perform in another city theater and should
refuse to fulfil her engagement with Mr.. DAILY, and II
he by legal proceedings should prevent her from car
ryng out an engagement In rival theater, then he
was to pay her s33 week during the season, as long
as she refused to appear in the Fifth Avenue The
ater. and that she would be entitled TO no
more Miss Morant refused to carry out her con-
tract with Dir. DAILY, aud made an engagement at the
Union Square Theater Mr. DAILY obtained preliminary
injunction. but as courtesy to the manager OF the
Union Square Theater, he permitted her TO perform
there as advertised pending decision by the Superior
Court. Wm. ID. Booth, who appeared Tor tue respond
ent stated her reasons for breaking the contract On
the part OF the plaintiff terms OF the contract were
relied on Ivy A. o. Hail. counsel who also set forth
by affidavit Of Mr.. DAILY that though 1t entirely
spoudent, he made no discrimination against her.


long and very interesting opinion was rendered
;esefidy by Judge Freedman. He sets out by discuss
ing question whether the negative clause Iii thea
contract OF that nature can be enforced by court
OF Equity like similar contracts made In other en-
poyenfs After referring TO the and authorities
cited by the counsel on both SIDES Judge freeInah
comes to the conclusion that there is reason for hold
ing theatrical contracts should be considered 10 De
on footing from Others or that actors should
H.. ,fadu mi y
sink large capital In their business relying on con-
tracts with performers OF attractive talents shouI pc
left wholly at Of actors and actresses lie Is
OF opinion that theatrical performers should be
held 10 the faithful fuldlment OF their CON
tracts Just like other people, and that when
the Court cannot compel the carrying out or the
entire contract it should IN all other cases, operate
a true fulhllment OF what they had undertaken. He
then takes pleas the answer With regard to
last season. he tine defendant ought TO have ncor
porated In the contract clause that she could not
be compelled appear under the contract as long
as the continued As to the plea that the plain
tiff did not intend to carry out his portion OF the con-


far relates to placing defendant on the stage
the Court holds that 1t is supported by proof and
that the contrary appeared that the pantI had
ibat defendant would not receive or open It, She might
also provide against the alleged discrimination OF parts
what Characters She was to appear. The Judge then
says that he has reserved for the close OF the opinion
week IL she was to be restrained from appearing
elsewhere this The parties could not confer
ary first Of all TO consider whether the Court had urs
diciion He has already decided that the Court had
urisdicton and he concludes that the claim was one
which ought TO be enforced to prevent defendant
from appearing at rival establishment ana u would
not be equitable remit the plaDun to suit at law
FOR damages; q mode OF redress which, as general
rule would not prove very effective remedy against
breaches by actors and actresses Tne Court
therefore in concluslo directs the enforcement Of the
Injunction restraining the defendant from performing In
any theater this CITY, until the termination OF
the suit but does so these terms That the plaintiff
nav defendant, her order, every Monday during
uch restraint the onefourh Of each weeks salary as
proyiied in the contract and that he pay defendant
forthwith the sum when has accrued under such spu-


ton since the granting OF the temporary Injunction ac'
com any ing the order To show cause