Hamblin v. Dinneford
New York Court of Chancery
The complainant, Thomas S. Hamblin, was the lessee and manager of the Bowery Theatre in the city of New York. He had entered into an agreement for the services of the defendant David S. Ingersoll as a comedian, which was reduced into writing and whereby the said Ingersoll engaged himself to the complainant for the term of three years ; and covenanted and agreed to perform and enact for three years all such parts of the drama which the complainant should require either in the…
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The complainant, Thomas S. Hamblin, was the lessee and manager of the Bowery Theatre in the city of New York. He had entered into an agreement for the services of the defendant David S. Ingersoll as a comedian, which was reduced into writing and whereby the said Ingersoll engaged himself to the complainant for the term of three years ; and covenanted and agreed to perform and enact for three years all such parts of the drama which the complainant should require either in the city of New York or any other city in the United States or the Canadas ; and the said David S. Ingersoll was not,…
1Opinion of the Court
The Vice-Chancellor:
The most important question for the court is, as to its jurisdiction in this case.
The bill is in the nature of one for a specific performance. It seeks, by its prayer, to compel performance at the theatre embraced by the agreement.
When the injunction was applied for, I had some hesita*531lion whether the court should not leave the parties to law: for, in general, matters of personal services are matters for law. There may be some special exception ; and there are cases where a party is restrained in breaches of covenant : but then they are such as relate to property of some…
2Cases cited1 opinion
- Tex. & Pac. R'y Co. v. DavisCourt of Appeals of Texas · 1884
3Cited by19 opinions
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- H. W. Gossard Co. v. CrosbySupreme Court of Iowa · 1906
- Wm. Rogers Manufacturing Co. v. RogersSupreme Court of Connecticut · 1890
- Daly v. SmithThe Superior Court of New York City · 1874
- Hahn v. Concordia SocietyCourt of Appeals of Maryland · 1875
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