Mapleson v. Del Puente
The Superior Court of New York City
Motion to continue a temporary injunction pendente lite. On December 22, 1882, James Henry Mapleson, the plaintiff, entered into a written agreement in the Italian language, by which he engaged the defendant, Guiseppe Del Puente, to sing as primo lar ¿tono assoluto in theatres and concerts in the United States, from October 30, 1883, until April 14, 1884. Del Puente bound himself to sing fqur times a week, and a concert besides, if required, and not more than three days in…
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Motion to continue a temporary injunction pendente lite. On December 22, 1882, James Henry Mapleson, the plaintiff, entered into a written agreement in the Italian language, by which he engaged the defendant, Guiseppe Del Puente, to sing as primo lar ¿tono assoluto in theatres and concerts in the United States, from October 30, 1883, until April 14, 1884. Del Puente bound himself to sing fqur times a week, and a concert besides, if required, and not more than three days in succession, and not to sing “ during the present engagement in public or private concerts” without special permission…
1Opinion of the CourtO’ Gorman, J.
Counsel on both sides have urged on me the importance of an early decision with so much earnestness that I comply with their request, *146although the time allowed me is too short to make it possible to give more than a mere- outline of some of the reasons which have led me to the conclusion at which I have arrived.
In my opinion, the plaintiff’s motion for an injunction should be denied.
First. The purpose of this action is to compel a specific performance by defendant of his contract to sing for the plaintiff. This court,has no power to compel defendant to sing ; or, if it have such power, it has…
2Cases cited3 opinions
- Daly v. SmithThe Superior Court of New York City · 1874
- De Rivafinoli v. CorsettiNew York Court of Chancery · 1833
- Watson v. HunterNew York Court of Chancery · 1821
3Cited by5 opinions
- Metropolitan Exhibition Co. v. WardNew York Supreme Court · 1890
- Todd Protectograph Co. v. HirschbergNew York Supreme Court · 1917
- McGuire v. BloomingdaleNew York Court of Common Pleas · 1894
- Clark Paper & Manufacturing Co. v. StenackerNew York Supreme Court · 1917
- Simon v. LindenCity of New York Municipal Court · 1919