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De Rivafinoli v. Corsetti
New York Court of Chancery
4 Paige 264 (1833)
The plaintiff and the defendant entered into an agreement for the defendant to perform as an opera singer. The defendant was a skillful musician and singer and agreed to perform as part of an opera troupe beginning on November 1, 1833. The plaintiff then entered into an agreement with an Italian opera house to hold performances there beginning in November 1833. However, the plaintiff learned that the defendant had agreed to perform operas in Havana, Cuba, also in November 1833. The plaintiff filed a lawsuit, seeking specific performance of the agreement with the defendant and seeking an order requiring the defendant to stay within the jurisdiction of the court, which is called a ne exeat. The trial court initially entered the ne exeat, which resulted in the defendant being detained in jail for lack of bail money. The trial court then issued a show-cause order, requesting briefing and argument on why the ne exeat should not be lifted.
Rule of Law
Holding and Reasoning (Walworth, J.)
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