"The conclusion T arrive at, therefore, ix that. on October 9) 1983, was' stills. term of the -plaint employment thet the defendants could dispense with his services at BA hours notice, The plaintitreline gplthed command of the! Hannah feller on October 10, and was paid hhis salary up to and including Octo-or Ti, 1033 "He has thus received from the defendants all that was legally due to. him, There will be ulgmont for the defendants with costs," sold Judge A. G. Moss) giving Jodgment in Xi, Mi. Supreme ure on Friday, in' the eave of Captain T. B. Anderson v. Moller Octobsr 8, 1933, and on the follow ing morning called at the defen: dants? offices. "There he reesived letter from the defendants, dated October 6, the material portions of which read as follow:
Dear Captain Anderson, fter very many hours of thought have decided to write the pres fent_conimunieation to you~ae "th office has decided to uphold the dee sion in regard to the "Retiring Age"
any of our Container jo have agreed thet the "Retiring Age" shall be "Sixty Yenrs," and that, this decision shall be" upheld strictly Im our employ Thetefore—much te my sincere im compelled—Without nny Prejuice on" your Counsel were Mr, J. E. Badeley for the plaintiff, and' Mr. Victor Priestwood for the defendants.
said in fulls—Giving, judgment, his Lordship Tu this action the plaintiff, who fs a Master Mariner, socks to recover damages from Messrs, Moller and Company for his alleged wrong-dismissal from their employment, as Master of their steamship Hannah Molier, The Statement of Claim sets out that it was a term of such employment that the same was. terminable upon reasonable notice by either party, and further that on October 9, 1933, the de-fondants discharged the" plaintiit from their employment, paying his salary up to October 11, but without giving him any reasonable notice of the termination of his servicer or any payment of salary in lieu of notice, On these pi issue is joined by the defendants, who contend (a) that it was a term of the employment that the same vould hi terminated by the d: fendants on giving 24 hours notice to the plaintiff, (b) that the plaintiff, in pursuance of "the defendants' request that he should resi voluntarily withdrew himself from their service, und (c) that if the plaintiff did' not -resign, he was not ready and willing to continue in the defendants' employment, The plaintiff, then aged 64 yours, fiat entered the employ ment' of the deferdanty. in April, 1929, whan he was offered, and agreed to accept, the command of ie defendants' steamship Taabel Moller. The contract' of service was at that time embicdied in a etter dated April 8, 1929, from defendants to plaintist, in the fol lowing, terms; a tanta get have to forward this "letter" te Yours very faithtulty, on, letter nag er them. and that Mr, Moller reph he was afraid it "as, This Mr. But the interview Was not on unfriendly en, and at the: plaintiff's, request Mr.' Soler gave him a written testhinonial or sertifeate in flattering terms. Mr. Moller states that ho got the im: pression at the interview that the Diaintitt was ageccablo to resigning. At the same tims he admits that for reasons of his own he was anxious to dispense with the plainti@'s services; that the sixty' year rule was introdue: d with the plaintiff particularly in views and that the letter of October 6 was couched in language designed "to ign, spare the plaintiffs feelings. After the interview the defendants Wrote two letters. The first was Addecssed to HLB.M.. Consul in charge of Shipping, advising hin! of the appointment of Captain Hell as Master of the Hannah Aloller. The second was sent to the plain: tim and read as follows:
The benter, Captain Tell, will take Kindy' ao"Rli"in sour poster to" give ell the dotuite of Sour whilst! you are on board Dear Sit ointed Master of the' 8S, "lashed As arranged, you, are hereby
Voller" Which' steamer you ate. take over from Captain R.A. 'Young: during' the course of to-morrove.
Tea clearly understood. that' this fs, onte a temporary, job and that Smomedlately "our. ther men are available, you will be replaced. eynnlary: Sour satnry Wil be" Mex 150.00 per month' und You may be olloved Jef your command. with ammand of the vessel can ko place ely, a0 that Captain
from © nan. the JOth instante Sitting as a jury, Tam satisfied on the evidence that the plainti did not in fact agree to re from the defendants' service, There was no geceptance by. hint of the defendants' offer that he! should terminate the service, any T find os a fet that he did not and that if this were not so, the The motion was therefore for! continuity of ite terms were' cer-
Text read from the printed page and cleaned; old type leaves the occasional error.