Transcription
COURT OF COMMON PLEAS, June 24.
SITTINGS For Middlefox, before Lord ELDON.
ASTLEY v. WELDON.
This was an action brought by Mr. Astley, senior, of the Royal Amphitheatre of Arts, Westminster-Bridge, against the defendant, Miss Weldon, for breach of her engagement as a performer. By these articles, which were read in Court, it was stipulated on the part of the plaintiff, that he should find stage dresses, and pay the defendant one guinea and a half per week: on the part of the defendant, it was stipulated, that she should obey the regulations adopted at the Amphitheatre, and perform in singing, dancing, and spectacle. These articles were to remain ini force for three years; unless dissolved by notice from the Manager, (who in this exercised a discretionary power;) and it was reciprocally stipulated, that either of the contracting parties who should commit a breach of any part od these articles, should be liable to the part so injured in the sum of two hundred pounds, to be recovered by act of debt, or otherwise.
It was proved by Mr. Astley, junior, who was then Manager, that all the stipulations on the part of the plaintiff had been compiled with viz. that stage-dress had been always ready; that the salary had been punctually paid; and that the defendant was generally in advance. It was further proved, that, in the year 1799, the defendant had absented herself, by departing from the Theatre without permission of the plaintiff, and had engaged herself with the Proprietors of the Royal Circus; in consequence of which, the defendant has been arrested by the plaintiff, and held to bail in 200lb. for debt.
The defence to this action was, that the plaintiff himself had committed a prior breach of these articles, by making deductions from the plaintiff’s salary; and that the defendant had been told by Mr. Astley, the younger, to go about her business.
It was admitted by Mr. Astley, the younger, that in consequence of a note from Mr. Wallack, he had deducted about half a crown from her salary, to pay a reckoning incurred at an Hotel in Dublin jointly by her and Mr. Wallack; and also a forfeiture of half a guinea, for some breach of the Rules established for the regulation of the Theatre. Miss Weldon conceiving that the Manager, in deducting the half guinea, had taken five shillings and sixpence too much, went with her Attorney, Mr. Abraham Isaacs, who remonstrated with the Manager, telling him, that, according to his own rules, he had no right to take more than five shillings. This interview took place during the rehearsal.—Mr. Isaacs stated, that Mr. Astley, junior, was in a great passion; and that he had said, “The woman’s a fool, and you (meaning the Attorney) an ass.”
Mr. Astley, junior, admitted that he might have called the Attorney an ass, but said, that in telling the defendant to go about her business, he meant only her business as a performer. This conversation took place on the Saturday afternoon; the defendant afterwards performed her part on that evening, and received her salary for the week, after which she absented herself entirely, and was engaged at the Circus.
A doubt arising whether the 200lb. was to be considered as a penalty, or liquidated damages, the Jury, by Lord ELDON’s direction, found a verdict for the plaintiff for 200lb. if the Court should be of opinion that the sum mentioned in the articles was to be considered as liquidated damages; and a verdict for 20l. if the Court should think that that clause in the articles was void from being a penalty, and coming under the 7th and 8th of William and Mary.
