According to the plaintiffs evidence; the was engaged as from July 6, by Mayer at a salary of $500 pin. 4s secretary or manager of the dairy business which had been carried on by Newmilks, Ltd, until that company went into liquidation. He was Instructed by Mayor to report on that date at 60 Nanzing Road, the office of the new company which was then in process of formation, and he took ever the accounts and other duties, A few days afler registration of ihe company on July 20, he was appointed. director and secretary. roof of these appointments he refer-Fed me to the minutes of directors' meetings; in the book of. such min tiles, produced by the defendant company, the first meeting. recorded was on August 4, 1939. At that meet-Ing, Messrs, Eabry, Christian, and Chilton were recorded as constituting quorum of the board of directors, ind the resignations. of Messrs. Fletcher and Ellis were accepted by them, 'The board so constituted: re-; solved to start negotiations for the purchase of Newmilks, Ltd... which purchase, as I have already sold, was but through on the following day; it Also. resolved to create a series' of Gebenturés of the nature described in the contract of purchase, These min-lites, were signed by Eabry as Chair. man, by Chilton as secretary, and Christian as director. A further meet. ing of the same three directors on the following day accepted the tract of purchase of Newmills, of that date;:.the minutes meeting were slgmed in Ruiter ergs A crane cee cee faite cote reals Sunni ache sear Benen spe eer a Ribot Gat ae ace INTEL ten Bat She i tu ie Shoe absence of Chilton;: Christian's resignation was accepted and it was resolved to demand the resignation of Chilton as director and secretary, under Ark 97 (@) of the Articles Association he "having been dismissed by the then acting general manager, Mr. H, W. Howell," Cochran Was appointed " Managing " Director, "his compensation to be later decided upon by the board," and Eabry Secretary-Treasurer, to take over the Gutles of the latter office on ling a bond of $10,000. These, the last minutes in the book, were signed by Eabry og chairman, Mayer-as direc for, and Cochran as acting secretary.
The minutes thus show that the! plainti attended five meetings of the board, and his claim of $125 in respect thereof is admitted by the defendant company. From August 4 to September 18, Chilton also signed as secretary various communications to the Registrar of Companies on the company's affairs. "He admitted in eross-examination that during July he was working for Mayer at 60 'Nanzing Road, and, owing to trouble, went to work' in the latter's office ai 120 Museum Road about August 19, He was working on the liquidation of the old company. Nobody had a definite position ut first and he had. no fixed salary os director or secretary of the new company.
Engaged as Book-Keeper Rudolph Mayer said he first met the plainti early in July last. The lainti@ had written to the liquidator of the old company, asking for a Job and the liquidator had handed the letter to the witness, who engaged him as bookkeeper for the Newmitk business, which he had purchased on Tune 28," at a salary of $200 per' mensem. On August 5, when he sold the business to Newmllics (1938), Ltd, the plaintiff was taken on by the company with the business, "About August 17, the plaintiff told him that he had been discharged by Howell, the manager, and asked witness to five him a new job. The witness thereupon engaged him exclusively. to check up the affairs of the old company. By September 28, the liquidation was completed and he ald not require the plaintiffs services any longer, "The latler was working for the new company only from August 5 to 15, ud the witness had pald him his salary at $200 per mensem for July and August and had offered him the Same sin for September, but the plaintiff wanted another $200 In teu of notice. Howell, the former manager of the company, who stated that his.salary as such' was $975 per mensem, corroborated Mayer's evi-36, dence as to the nature of the plaint-ints work for the company from 'August 5 to 15, a8 to his dismissal (apparently: for' insubordination) "on the latter date and as to his visits in connection with the affairs of the old company afler that date. Cochran, the present managing director, said he was present at the meeting on September 28 when the plaintiff was dismissed as director and secretary.
Text read from the printed page and cleaned; old type leaves the occasional error.