Shangh: 6th Jan, Before D, H. Batter, Esq ice-Consul General, and Frank Ret v. Messrs. OLyPHast & Ca, Mr. J. J, Hexpensox appeared for the Mr, Warsewntcur appeared fur the defend-his was an action instituted by Mr. Frank Reid against his Late ployers, Mes Olyphant & Ca., to recover the sum of Ti 4,150, for alleged wrongful dismissal from their services and consequent allowance:
The Courr said that owing to pressure of ess, and it being mail day, he was to p the hearing, and ities to fix another day, Mr. Watsewrtanr ded ing wee accordingly adjourned until Monday, the 27th inst, Annexed is a summary of the pleadings in the case The petitioner sets forth in his petition that he of the United States, residing in Shaw ud that the defendants, Messrs, WW. H. 8. Geary, Talbot Olyphant, and J. F. Seaman, citizens of the United States, together with Tobias Pim, are merchante and partners, composing the first of Olyphant & Ca., doing business at Shanghai, China, and els where. On the 9th Fobs., 1864, petitioner was engaged in New York bythe defendants, and has ever since been in their service in various capacities as general and corresponding clerk, and special agent, latterly having bad the management of special bu and travelling from port to port in Japan and China' in discharge of the duties apport: ing thereto, under an agreement entered into by petitioner with defendants in New York in February, 1878, whereby defendants were to pay petitioner for his services the sum of 'Tle, 2,800 per annum, together with such allowances as to quarters, board, time of notice of discharge, passage money home, as are usually made to foreigners for like services in foreign merchants' in China, n the 19th December, 1878, defendants suspended all payment and ceased to transact business at Shanghai, and terminated and fused to f carry out their said agreement, and dismissed petitioner from their service without previous notice and without fault or misbebavi- ur on his part, and without paying, and refusing to pay, him the sam of Tis, 1,950, being the amount of unpaid salary, allowances, and travelling expenses, to which he is entitled under his agreement, and which sum is still unpaid. e port and country, foreiga employes in like service with that of the petitioner are entitled to six month's min to defray the usual travelling and incidental expenses of a foreigner zo the United States or Europe, and defendants refused to pay petitioner any sum whatever on account of such custom. By reason of the premises petitioner considers himself damaged in the 1,950, on account of salary, unpaid as aforesaid, and specially damaged in the 00, on account of loss of time cunployment through being discharged without notice and lose of allowance for travelling expenses for the voyage home to the United States. He, therefore, prays augment against defendants for the sum of 4,150, together with costs of action, and uch other and farther relief as in law or equity he may be entitled to.
Memorandum of petitioner's claim Kor amount of salary duo to date Tis, 1,450 Mess allowance for six monthe ending 31st December, 1878... 5, 450 Saudry payments made in Hong:
Kong on defendants' account... 4, 50 Salary from Ist January, 1879, to 30th June, 1879, and mess allowance for same period...... 4, 1,850 Passage, &c., from Shanghai to New Yorks. sssesssesessee " 350
Tie, 4,150
Defendants, in their answer, admit the nationality of the petitioner and the constitute tion of the firm to be ay represented by him, except that they say that George Washington, Talbot was a member of it in addition to the members mentioned. They admit petitioner entered their service in the month of Bebraacy, 1864, but deny that ho had ed in the service of the firm lat date, Int, ow the contrary, during a considerable pene 1869, lhe had been in other employ. They allege that in the month of August, 1877, the petitioner left China and went to the United States, and that in or about the month ut February, 1878, they agreed with him, whew he was in New York, that he should return to 1 respect of the period lary at fore paid. such rate being the sain of Th 150 per month, that he did. return to China and way cre: ted with and paid such salary accordingly, nnd thi his return to China he bad teen paid salary at the rate aforesaid, ant alo an allowancs for board and lodging' at the rate of Tis, 1,000 per aunum, he having received " simile fowauce up to the time he left China month of August, 1877. They also that the 9th December, 1878, they suspended payment in Shanghai, avd that in consequence thereof, on Uke 19th of the same month, they gave notice to the petitioner that they no longer required hiv service Save as hereinbefore appears, they deny all the allegations contained in' the petition, And for further answer in the matter defend: ants say that after crediting the petitioner ith his salary and allowances up to the flat December last, he is indebted to them in the sum of Tls. 686.86, as is statement of accounts annexed to ti Defendants, therefore, pray that judgment might be given against the petitioner vith costs, xd that they may have auch other or further relief og to the Court may seem 17th Jo
Text read from the printed page and cleaned; old type leaves the occasional error.