Shanghai, Dec. 11th. Before R. A. Mowat Esq., Deputy Judge. LIH. Evass & Ca. v. R. H. 8. Woopwarp.
This was an action to recover $165.26, the balance of account for goods sold and delivered.
Defendant did not appear, proved personal service of the Plaintiff had filed a petition, setting forth the particulars of the goods supplied, which were principally flour and beer, and he ha deposed to ite correctness, and that the dviondant ad been applied to for the money.
His Lonpsm entered a verdict for the amount claimed with costs. room for an engineer, who had been tel graphed for, from Japan, He was to be paid at the rate of $95 per mouth, When the steamer returned to port after the first trip, the engineer from Japan had not arrived, and defendant asked him to yo another trip. He consented to do so, and without anything further being said he went four trips in the steamer altogether. On the 11th of November hie went ashore to take his wages for the mouth of October home, and over slept himself in the morning and missed the steamer. Another engineer was taken in his place. He had applied for his wages from the Ist to the 1th November, and defendant had refused to pay him, consequently had instituted the present proceedings.
Defendant urged that he was not the person who paid the wages. Captain 'Tisdall, the master of the steamer, was the man' who paid the wages, and plaintiff signed Captain Tisdall's books, His Hoxovr pointed out that Captain Tisdall was the person who should shave been sum-moued, and the Captain being present he consented to his name being substituted for that of the chief engineer.
Defendant did not deny the correctness of the plaintiff's statement, but contended that as he was paid monthly he was a monthly servant and had to give a month's notice sactitice his salary. He had never been applied to by plaintiff for wages.
is Hosovn was of opinion that the plaintiff could not be considered a monthly servant, it had been intended to put him on the regular should Lave been informed of that all the advantages and all the liabilities of monthly servants would ha attached. It was admitted that at the outset, and indeed for the first two voyages, he was engaged by the trip only, and there was nothing to show that he did not contin be so engaged. That being so, he was to be discharged at the end of any trip on the other haud, be having performed his work satisfactorily during the time for which he claimed his wages, he was entitled to thems but there would be 10 costs, as the wrong person had been originally summones A verdict was accordingly entered for U plaintiff for the amount claimed, without costs, Dee. 13th, v. W. Hiro, lent, and Defendant did not appear, Plaintiff, having been cautioned, stated that he was a linguist in the service of the Municipal Council, and the defendant, when the money was lent, was a sergeant Force. Originally he lent defend:
is, 60, which was to be repaid by monthly instalments of is. 20. The money was lent in April last, and defendant had only paid is. 15. Various letters had passed between him and the defendant, and the Latter in one of them promised to pay Tls. 10 as for the money. Defendant, who lad left Police Force, was entitled to a gratuity which witness expected would be paid in a few days, and then, he believed, he (lefeudant) was wits Wonsitr said he should enter verdict yoing away.
for the amount claimed, with costs, and plai tiff might have a copy of it to take to Municipal Council with the view of having the amount deducted from defendant's gratuity, if the authorities there thought fit to do
Text read from the printed page and cleaned; old type leaves the occasional error.