Hayes v. Willio
New York Court of Common Pleas
Appeal by defendant from an order made at special term, denying a motion to vacate an injunction restraining the defendant from engaging to appear and play in any other theatre than that of the plaintiff during the time mentioned in a certain memorandum of agreement entered into between the defendant and Imre Kiralfy.* Also, appeal from an order denying a motion to vacate a writ of ne exeat against the defendant.
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Appeal by defendant from an order made at special term, denying a motion to vacate an injunction restraining the defendant from engaging to appear and play in any other theatre than that of the plaintiff during the time mentioned in a certain memorandum of agreement entered into between the defendant and Imre Kiralfy.* Also, appeal from an order denying a motion to vacate a writ of ne exeat against the defendant. The facts of the case were, that Imre Kiralfy being in London, for the purpose of engaging artists for the plaintiff, the proprietor of the Olympic Theatre, New York, the defendant,…
1Opinion of the Court
By the Coubt.*—Robinson, J.
—The agreement upon which this action is predicated was made in terms between defendant and Imre Kiralfy, as parties, and the case shows it was not executed by the latter as agent of the plaintiff. Upon no legal principle applicable to the law of principal and agent, can plaintiff be held or deemed substituted instead of Kiralfy, as a party to the contract (or entitled to the personal control which the defendant agreed should be exercised over him by Kiralfy exclusively), for his performance in any such theatre, circus, or establishment in the United States as the…
2Cases cited2 opinions
- Nickerson v. HowardNew York Supreme Court · 1821
- Horner v. . WoodNew York Court of Appeals · 1861
3Cited by3 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of ZimmermanNew York Surrogate's Court · 1918
- Palmer v. PalmerNew Jersey Court of Chancery · 1915
- Avenue Z Wet Wash Laundry Co. v. YarmushNew York Supreme Court · 1927