Since this incident, continued Mr. MeDonald, defendant' had affected. to act as managing director, but had ro-fused to furnish any account to the working committee. In September, 1935, the working committee verbally dismissed the defendant, and defen-was at a later date again notlfed of his dismissal, but refused to accept it, In October, the working committee caused an advertisement fo appear in the "North-China Daily 10 slop the business of the Plaintiffs claimed the administra tion of the assets of the company, an account of the money received by defendant while managing director, fan enquiry as to any property in the custody of the defendant available for the benefit of the members. of the store, the payment of this amount to plaintiff, an. injunction restraining' the defendant from acting as managing director of the company, and from. exercising any control over the store, the appointment of a receiver, and such other relief as might. be necessary.
'The defence included an admission that, on the authority of a resolution' of the working committee of a body of persons styling themselves the Indian Sikh Provision and Supply Cow defendant was appointed by word of mouth to be the manager Jot the company. Defendant denied, however, that he was ever elected managing director of any" lawfully constituted company. "He denied that the had received the sum of $9,800, but admitted that "he. had received the sum of $9300, from various per= sons resident in' Shanghai, for the Purpose of using the money as eapl-{al for the company.
The defence went on to state that defendant admitted having received fan alleged. "verbal dismissal JSeptember 11, 1935, and also a letter of dismissal at a later date. Defendant further alleged that the conditions his employment not been correctly stated in the statement of claim. He was not asked to kee} books' of account, which were actu. ally kept by two' other employees of the company. "He had from time to {time advanced considerable tunis of money on his own In order {0 assist the. business. "The balance of his Jor: ginal contributions to the store was still due to him,
Text read from the printed page and cleaned; old type leaves the occasional error.