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ENTICEMENT OF ACTOR
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The defendant’s demurrer to the bill of complaint was overruled.238
The latest decision is that of Triangle Film Corporation v. Artcraft Pictures Corporation wherein plaintiff sought to enjoin the defendant from employing one Hart as one of its motion picture actors.
Hart had entered into a contract with the plaintiff in which he agreed to render to it his exclusive services as a motion picture actor for a number of years. The contract provided that one Ince was to supervise all the productions made with the participation of Hart. It appeared that Ince had left plaintiff’s employ and at the time of the commencement of this action was associated writh the defendant. Hart refused to remain in plaintiff’s employ after the withdrawal of Ince and had accepted employment from the defendant.
The theory of the action was that the defendant had combined with Ince to induce Hart to leave plaintiff’s employ by means of false representations, and to enter into its own employ.
Judge Manton denied the application for an injunction pendente lite upon the ground that Hart was not obligated to perform under his contract since the condition of his employment was that Ince should act as director-general
238 Jesse L. Lashy Feature Play v. Fox (1916), 93 Misc. (N. Y.) 364; 157 N. Y. Supp. 106. “In this jurisdiction interference by a stranger with a contract of service by any class of employes gives rise only to such remedies as exist under like circumstances
in the case of other contracts the parties to which have assumed mutual obligations. For inducing the termination or other breach of such a contract a third party is liable only when he has been guilty of unlawful means.”