Still, he did not play at the Casino Concerts, and a crisis soon arose. Early in 1839, the directors of the Casino brought an action against Paganini for breach of contract, and he was decreed to pay damages to the amount of 20,000 francs. This decision so much displeased both plaintiffs and defendant that they appealed against it. The case did not come on again for some time, and Paganini sought rest and change in the south of France. He stayed for some time at Marseilles, where, at the house of a friend, he once more abandoned himself to his art, devoting his time alternately to his violin and his guitar. Fétis states that notwithstanding his feeble health, Paganini attended a performance of Cherubini's _Requiem_ for men's voices; and on June 21st went to one of the churches to take part in the performance of Beethoven's Mass in C. But his malady could only be alleviated by frequent change of clime. Accordingly, in October we find him at Genoa, in the vain hope that his native air would prove beneficial; but he was prostrated by a violent nervous attack almost immediately following his arrival. He must, soon after, have left for Nice, which he never quitted alive. Nice, though a pleasant place, was not regarded as at all a favourable retreat for persons suffering from pulmonary or bronchial affections, and it proved fatal to the great artist. But we must, for the moment, return to Paris. The rehearing of the Casino case came before the _Cour Royale_, Paris, on January 3rd, 1840. Paganini could not, of course, attend in person, but he was represented by Counsel, and it may be of interest to name the man who was entrusted with his defence. It was a certain Mons. Chaix-d'Est-Ange. From accounts of the proceedings, this legal luminary addressed the Court at great length. He described the prayers and entreaties of the proprietors of what he termed "this catchpenny establishment" to induce the grand _Maestro_ to lend his mighty arm and name to their speculation. He had promised, in writing, to play nowhere but at their concerts; but as he had played nowhere else, the proprietors could have no legal right to such excessive damages. The counsel for the plaintiff, Mons. Barillon, declared that as Paganini's defection had ruined the speculation, the damages ought to be proportionate to his transcendent talent. Going into details, he stated that Paganini was installed in a splendid suite of apartments at the Casino, one boudoir being lined with flannel expressly for him; and that when he was complaining of his wretched health, he accepted a dinner offered him by the musicians of the orchestra, and gave toasts in both French and Italian. After that, he allowed bills to be printed, announcing that he would play at the Casino concert. Hundreds of tickets were eagerly bought at twenty francs each, when suddenly Paganini refused to play. Entreaties were in vain; Paganini, in his own room,