PVH Heroes of republic

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PVH Heroes of republic - a : twentv-eijilit a eatablUh-meut. of u THE...
a : twentv-eijilit a eatablUh-meut. of u THE HEROES OF TnE REPUBLIC7 IN CHANCERY. Ia the equity branch of the Superior Court, before Judge "William K. Curtis, yesterday, was brought to trial tbe cose of Jobn Towusend against Peter V. H listed end J. TV. ItymerL ' It appeared by tbe testimony that, iu 14 and 1363, tbe artisc, Mr. H. Balling, painted an historical picture, entitled " The Heroes cf the Bepubiic." After completion. Mr. Balling sold tbe picture to Mr. Bymert, one of tho defendants, for a consideration of (5,000, with the privilege reserved to the" artist to exhibit it. Subsequently to such rale Mr. Balling entered Into a written agreement with Benonl Howard, recently convicted of counterfeiting in tbe United States Court, to paint seventy-five pictures of eniicect American statesmen and Generals, Howard agreeing to bear the expense cf materlala, studio, rent; &c." and to make certain advances to Mr. Balling daring the progress of tho work, and both parties to tbe agreement to share in tha proceeds of sale, exhibition, ic. This agreement, by its terms, purported to cover a previous' verbal agreement existing between tbe same parties, and also conbUned a further provision tbat lor a year thereafter, Howard should have the privilege of exhibiting "The Heroea ol the Republic," In tb? proceeds of which tho parties to tho agreoxueut . were Uo . to sharo. Uuder this - agreement the plcturo waa sent to "Washington for exhibition, and after remaining there in tbo Department of Agricultuie for some time Mr. Bymcrt was notified to remove it and did remove it, and place it in tbo new Bennett Building in this City lor purposes of exhibition and anlu. "While here tb other defendant in tbo suit, Peter V. Husted, demandod possesicn of it. claiming titlo thereto through Benoui Howard. The plaintiff in the rase, Mr. Jobn TuwHacnd, having' charge of the building in which the picture wss, and tempo, rary. custody of the picture it self, refused to deliver it to either party lest tuo other should hold hitn responsible for its value. Ho thereupon instituted tbe prev;ntsnit ia tbe equity or chancery branch of the court, making both claimants defendants therein, for tb purpose of having the court do-termino tbe right to the picture aa between the rival claimants. Cut tho part of Hosted, one of tbe claimants, it is asserted that the picture in dispute was embraced iu the written agreement between Mr. Balling and Howard, and that tbe hitter having furnished the canvass, Ac necessary fur its painting, had a legal title thereto which be hid trans-feired to Hosted. Ou the part of Mr. Balling it is claimed tbat tbia picture was not embraced in bia agreement with Howard, except as therein stated, lor purposes of exhibition and the sale of chramo copies thereof: that Howard never accounted to hint for any portion of the profits derived trom the exhibition of the picture or the aalo of the ctutmi copies thereof, and that the title thereto, which he (Balling) bad made sw to Mr. By men, waa a just and eijuiuble tne. T'o picture w 1G by 30 teet. and at present valued at tba0iXI. Tho cose ia still on trial. on to of of at to

Clipped from
  1. The New York Times,
  2. 05 Mar 1874, Thu,
  3. Page 2

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