De Rivafinoli v. Corsetti
New York Court of Chancery
This case came before the chancellor on an order for the complainant to show cause why a ne exeat granted against the defendant should not be discharged, or the amount for Which the defendant was held to bail reduced.
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This case came before the chancellor on an order for the complainant to show cause why a ne exeat granted against the defendant should not be discharged, or the amount for Which the defendant was held to bail reduced. The bilí, which was filed in September, 1833, stated that the defendant, in the March preceding, had agreed with the complainant, as manager of the Italian theatre in the city of New-York, to sing, gesticulate and recite, in the capacity of primó basso, in all the operas, serious, semi-serious and comic, farces# oratorios, concerts, cantatos and benefits, Which should be ordered…
1Opinion of the Court
The Chancellor.
The material facts alleged in the complainant’s bill are not denied; and for the purpose of this application, they must be taken to be true. There is an affida*270vit, annexed to the bill, that the defendant has declared hig intention of going to the Havanna; and the defendant has not denied such intention, although he swears he has not made any engagement to go there. Upon the merits of the case, I suppose it must be conceded that the complainant is entitled to a specific performance of this contract; as the law appears to have been long since settled that a bird that can sing and…
2Cited by18 opinions
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Matter of NoonanUnited States Bankruptcy Court, S.D. New York · 1982
- Robertson v. BullionsNew York Supreme Court · 1850
- Poet Clinton Railroad v. Cleveland & Toledo RailroadOhio Supreme Court · 1862
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