Year: 1875

motion was made yesterday before Judge DAVIS,
in Supreme Court Chambers for injunction against
the performance by Augustn DAILY, at the Fifth
Avenue Theatre Of the play "The New Leah" The
complaint and the afdavts Of the plaintiffs attorney
stated that Mr. Daily had written a drama entitled
"Leah, the Forsaken, which adaptation of the
German play of Debora and had assigned his rights
as author to the paintin, Mrs. Grove, who then
Kate J Bateman; that Miss Batcman who then be-
came the sole Of the play, acted 1t very fire.
quenty and made it OF great value that the defendant
had performed, at the Fifth Avenue Theatre, color
able adaptation Of the play entitled The New Leah I"
The complaint claims $4,000 damages and asks for an
injunction.


Mr. Bateman for the plaintiff claimed that this action
brought to enforce the common law rights of the
assignee of the author and that injunction must be
granted under the authorities.


Mr. olin in reply read an affidavit of Mr. DAILY set
ting forth that he sold to Miss Bsteman the sole
proprietorship u the play of "Leah, the Forsaken" !"
to himself the right of its performance in
the United States in her absence 1t further that
Miss Bateman coming 10 this country and can suffer
loss by the production Of the play here II is not ad
mited the plays are similar II Il alleged IN addition
that the new play Withdrawn and that before il was
performed permission asked Of Miss Bateman' s
counsel to produce the play, solely account OF de-
endants recent unfortunate experience in theatrical
tgatons, which were decided against him, though he
believed right TO be on his side. Following
that all the equities denied by the answer
that the defendant had always retained the right 70 per-
form the play during Miss Batemans absence from the





limited rights, and that in any event the plaintiff had
sustained and could sustain damage she had no
intention of returning TO this Country and as the de-
endant had no present intention of reproducing the
play.


Mr. Baieman stated that Mr. DAILY sold to tho plain
tiff his right in the play Leah, the Forsaken.' Plain
t had since been the sole or the drama and had
the sole right TO play it, She was, he said, actress
by profession and had performed tho principal charac
ter IN the play and had been OF profit 10 her
The defendant applied to her egent for permission to
produce the play in this city and i was refused and
thereupon he produced tho play under another name,
The New Leah, " the two plays being substantially
Identical


Judge Daily inquired Of plaintiffs counsel If he had


Mr Baleman answered :-.No sir but we can sub
nit any number Of facts, aiidavits and proofs, ii
necessary


Mr. DIN said that Mr. DAILY prepared the play OF


Leah the Forsakenr and thirteen years ago sold II to
plaintiffs father, giving him permission 10 play II in
Great Britain and great portion OF America, with the
reservation TO perform IL in the United States when
Miss Bateman not playing in II here. AS Miss
Bateman not in this country he insisted again that
dan.agc could her from its production here
After six nights performance the play withdrawn
account OF Miss Morris Illness Mr. DAILY asked
of the agent of Miss Baeman permission TO produce
''Thc New Leah not because OF any doubt in his
mind OF his right 10 produce 1t, but because OF bis
fortunate experience IN many litgations OF similar
character and which we're decided against him. al
though be as confident as in this case that justice
his side He wished TO avoid all chances Of lti
CATION He did not admit that The New Leah
The same drama as Leah, the Forsaken " The play
has been withdrawn and there was no indication OF
again producing H.


Mr. Bateman said they had already had enough expe-
rience OF Mr.. Days good faith. The counsel the
other side might sneer but they would make good their
case on the trial They say that the play was with
drawn OF the illness Of Miss Morris. This,
be alleged untrue any other allegation in the
answer
Mr.. olin-Your Honor, the illness OF Miss Morris
certified TO by her physician and that is all that Mr.
DAILY knows about IT,


mitted stating that the play has been withdrawn and
that there is intention or producing il again. will
deny the present application, but in the play
again put the stage will grant permission 10
new the application for an injunction.