(Aajourned)
Shanghai, July 27.
'The sult of Mr. Ivan' Bolshatom, Russian trainer, against Mr. Erie Moller, local businessman and racing stable owner, reopened in H. M. Supreme Court yesterday morning before Judge P. Grant Jones. The plaintitt, who claimed $1,244.90 from the defendant, alleging the sum to re-resent the balance of commission due to the trainer under an agreement with Mr Moller, was represented by Mr. M, Reader Harris, Mr. Victor Priestwood appeared for the Interest in the stable and because the others helped him very much. 'The distribution among the stable employees was left entirely to him, although he sometimes. submitted' the Uist to Mr. Moller for an opinion. The Inst was not always agreed upon by Mr. Moller, however, before the distribution was made.
Mr. Priestwood pointed out to the plaintiff that on four different oceas~ Slons he had taken less than the 5 er cent. which he was entitled to. Mr, Bolshatoff steadfastly maintained that he did this because he wanted to give more to the members of the Staff, "Counsel for the defence fur~ ther asserted that Mr. Bolshatoft had approached the pony dealers, from whom he had collected commission, and asked for commission. The trainer denied this, saying that the commission had been offered to him.
The ease was adjourned until 10 am, today.
'Mr, Bolshatoff gave evidence that he was engaged by Mr. Moller in 'Tune or July of 1989 as a trainer, at 1 salary of $100 per month and' 10 er cent, of the winning stakes for all the stable employees. Mr. Mo-Tinofaky, of Br. Moller's office, plained that he, Bolshatoft, could keep 5 per cent. for himself and divide the remaining per cent. among the other employees, which at the time consisted of nine mafoos.
"The plaintiff said that in April, 1998, Mr. Moller had arranged to buy two bay mares from a dealer named Mr. Sizih, at a cost of $10,000. The de-fondant had not soon the two mares when he bought them, he had merely seen photographs of them. Previous to the purchase, in March, 1936, Mtr Bolshatoff had an interview with Ins. G. Slaih, in which the dealer showed him a photograph of the two mares and asked the trainer to introduce him to the defendant, promising to pay the plaintiff? 10 per cent. of the price obtained for the mares. "r did not ask chim for it." asserted Mr. Bolshatoft.
When the ponies arrived in April, Mr. Moller was not satis ed with them, saying that they were not up to contract, continued the plaintiff. The trainer agreed with him and told Mr. Moller that inasmuch as he had been offered 10 yer cent. of the pur-hose price, Mr. Moller could give '$0,000 for the two mares and he would forego his commission, Mr. Moller had already paid a balance of §2,500 fon the mares and in order to' keep from losing the amount of the deposi the should buy the mares for $9,000, said the trainer.
'Mr, Moller bought the ponies and then offered to pay the $1,000 commission. out of his own pocket to the plaintiff. The witness said that he Fefused the offer and that Mr. Moller had entered the sum in the savings account of Mr. Bolshatoft's infant son, in the Hongkong and Shanghai Bank.
Mr, Moller accept comm stated the plaintiff, August, 1938,
Text read from the printed page and cleaned; old type leaves the occasional error.