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HONG KONG DAILY PRESS," TUESDAY, NOVEMBER 3, 1936.
ACTION AGAINST LOCAL SOLICITOR
H
Former Employee Sues For Salary
CLAIM DISMISSED
Judgment for the defendant was given by the Chief Justice, Sir Atholl MacGregor, at the, Supreme Court yesterday in action wherein a former employee, Lo Kwok Min, sued Mr. F. H. Loseby, local solicitor, and his firm, Messrs. Russ and Com- pany, for $737.50.
The claim was made up of $400 alleged to be due on a certain agreement, $112.50 for salary from January 1 to 15, 1938. and $225 for one month's salary in lieu of notice.
Mr. M. A. da Silva appeared for the plaintiff, and the defendants were represented by Mr. A. Arculli.
1
during the ten months, from Au- gust 1934, to July 1935.
Witness then referred to his claim for $4,000 and the settlement. and said that when the Arst in- stalment became dug on January 1, 1936, he asked for it, but was put off by the defendant, who stated that he had not enough money to pay the other members of the staf
Mr. Sjiva säld his client was for- merly employed by Mr. Loseby as Cross-examined by Mr. Arcull, a clerk and interpreter. He had the plaintif said he had been a been there since 1929. but pre-solicitor's clerk for about 20 years. vious to that he was employed by and denied that the agreement defendant's predecessor."
Iz 1929, Mr. Loseby bought the practice and came into a certain
with the plainti agreement
a
Mr. K. K. Wong and a Mr. Sung Kwok-pak. By reason of that ar- rangement. the plaintiff was to receive a salary of $275 and 20 per cent. commission on business ob-' tained by him. The plaintiff was to remain with the firm for 13 years. From August, 1934, to July. 1935, however, the plaintiff did not receive a single cent There were certain disputes in regard to this, and in July, 1935; the plaintiff, in pursuance of notice given by the defendant, left his employment and put in a claim for $4,000 odd for salary and commission for the perlod mentioned.
In connection with this action, the defendant wrote a number of letters to the plaintiff, and a final settlement was eventually arrived at, The plaintiff agreed to ac- cept $2,600 in settlement of the claim, the payments to be made as follows:-A sum of $600 to be pald forthwith and the balance to be paid by monthly instalmenta cf $100. beginning, from January 1, 1936. It was also agreed be- tween the parties that whatever the net cost brought in by the plaintiff for the firm. the money was to be paid to him as part pay- ment of the settlement. If the money brought in were sufficient 10 wipe off the whole debt, it would be cancelled, but 1: the amount were insufficient. it would be counted as payment on account without affecting the instalments.
REDUCTION OF SALARY Subsequently, the plaintiff was re-engaged by the defendant at a reduced salary of $225; 15 per cent commission; and one month's pouce on either side.
Sometime in January, 1936, news was obtained that the defendant's picdecessor was returning to the Colony, and, as a result of this Information, the defendant spoke to the plaintiff, asking him if he would remain in his employ or jon his predecessor. The plaintiff Intimated that he had not made up his mind, whereupon the de- fendant replied that be would leave the matter at his discretion.
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which he made with the defendant when he bought the practice was for 10 years.
Mr. Arculli: One of the terms "of the agreement was that you, Wong and Sung should be responsible for the honesty o! the Chinese staff?—
Witness: No.
The accountant absconded with about $8,000; did you know it?- No.
I put it to you that the reason why the defendant did not pay you was because you. Wong and Sung failed to make up the defalca- tion?-No. For several years. I have told the defendant that the conduct of the accountant was very suspicious. I was never al- lowed to look into the accounts.
In that case, how did you know that the defendant had drawni about $10,000?-I looked into the accounts after the accountant had absconded.
PART SETTLEMENT
In reply to further questions, the from the defendant, shortly after plaintif admitted he received $500 the payment of the $800, but
denied that it was for salary, com- It was the money he obtained for Irission and the instalment of $100.
the Arm and which was given to him in part settlement of his claim. The plaintif was shown а те- ceipt for the $500, on which WAS shown that the money was for salary, etc., and he said he signed it without looking through it. He
Was
very pleased to receive the cheque and did not trouble to look at the receipt.
Mr. Arculli: I put it to you that the reason why the defendant gavę you the $500 was that he knew you were hard pressed and had told you that whenever you needed cash he would let you have it in advance of what was due to you?
Witness: You think he is so good. He is very hard up himself.
Why did you want to look into the accounts? It was for the pur- pose of finding whether or not the defendant had drawn, money from the firm from 1928 to 1935.
In answer to further questions, the plaintiff said that a few days before the return of Mr. Russ, the defendant called to his office one by one the members of the staff and asked them questions like a Judge sitting in Court."
Mr. Artull. Did you go on board, to receive Mr. Russ?—Yes,
Did you send a wire, signed Wong Lo, asking Mr. Russ to re- turn to the Colony?-Yes. The cable was signed Wong Lo-sung.
OBJECTION RAISED
rented an office for Mr. Russ in the Bank of Canton Building, but ad- mitted he had been to the place.
After the tin adjournment, Mr. Silva applied for permission to withdraw the claim for one month's salary in lieu of notice.
STOLE TO SMOKE
Unemployed Indian Misplaces Trust
HEAVY JAIL TERM
FREE!
Coronation Plates
Two Indians, Gajjan Singh and Bukan Singh appeared before Mr. W. Schofield, at the Central Magistracy yesterday charged with theft of two blankets, one turban, and one suit of silk clothing from Uttam Singh, and pawning the articles..
PRESSED FOR PAYMENT Plaintiff, cross-examined by Mr. Arculli, said that he did not give a month's notice nor did he ask for any instalments in the letter he wrote to the defendant on February 1, although he had been pressing for payment from day to day. He joined Mr. Russ a week Mr. Schoßeld transferred the after he had been turned out of case to the second magistrate,. Mr. the defendant's office. He did not | K. Keen, with Sgt. C. Dowman tell Mr. Russ that he had been prosecuting. turned out of Mr. Loseby's office but said that he had left because he had to look after his good name. Re-examined, plaintif stated that the amount owing to Sung for salary and commission was under
While there, he took Gajjan $1,000 and to K. K. Wong about $10,000, Plaintiff said that he was
Singh for a walk and they repair-
induced to rejoin Mr. Loseby's
ed to Chinese restaurant for a
office by members of the staff who
cup of tea. The prisoner then
local hotel. He never thought that held seven successive dinners at a i disclosed the larceny to the detec- tive whereupon he was immediate. the $500 was for five instalments 1ly arrested. in advance.
"YOU ARE DISHONEST" At the time of his dismissal. plaintif stated that, Mr. Loseby said to him: "You are dishonest,
missed. Otherwise I am going to unfaithful. Get out, You are dis-
call for the police. You are not allowed to take away your furni- ture nor remove your desk. Plain- tiff replied: "Mr. Loseby, you are a gentleman. It is not necessary for us to argue. We can talk to- gether." To this Mr. Loseby re- plled: "Go away. I don't want to ̈ hear you."
Mr. Arculli submitted that there' was no case for the defence to
answer.
His Lordship held that there was because there was uncontradicted evidence by the plaintiff which called for an answer.
December.
DEFENDANT'S CASE Mr. Loseby, giving evidence from the witness stand, said that plain- or July, 1935 and rejoined him in tif left his employment in June
Witness entered into
gards pay and the like, Witness an agreement with plaintiff as re-
wrote him a letter and gave him a cheque for $600 mentioned in the letter for which a receipt was given which witness took to be an acceptance in writing. He had never discussed terms with the plaintiff in a letter and there was no verbal agreement between the parties. Plaintiff was to receive the net costs without prejudice to the monthly instalments.
Cross-examined by Mr. Silva, Mr. Loseby stated that he had been dealing with the three interpreters for a long time. He entered into an agreement with them and when the plaintiff committed a breach of it he offered to pay them $2,600 in settlement of all claims.
Fung Yui Cheung, employee o the Bank of Canton, deposed that the plainti rented a room in the Bank of Canton building which had never been used as an office by Mr. Russ. The room was rented in the name of S. Ming and Co.
After both counsel had made their submissions, his Lordship gave Judgment for the defendant
with costa.
J.
An Indian detective went to the Bikh Temple on Stubbs Road to investigate the stolen articles after Uttam Singh had made a report to the police.
Gajjan Singh denied having' any knowledge of the theft when he was charged with it, and blamed it on the second defendant, Bukan Singh.
It appears that Gajjan Singh
oplum divan took the articles in a bundle to an
and purchased -a. smoke for which he paid from the proceeds of pawning a blanket for
$5.
The principal tenant of the oplum divan. and a foki gave evidence of identifying the first defendant, as did the assistant accountant of the pawn shop.
!
Mr. Keen: "Apart from the allegations of Gajjan Singh there 1 no shred of evidence against Bukan "Singh and he is, there- fore, discharged."
The magistrate then convicted the first defendant on the charges of theft and unlawful pawning.
Sgt. Dowman informed His wor- ship that Gajjan Singh was un-
Temple through the generosity of employed and resided at the Sikh
the other Sikhs there. It appears that that was the custom of the Indian community to harbour any also to feed unemployed and them.
Mr. Keen sentenced defendant to two months' for larceny and one month for unlawful pawning.
HEROIN FACTORY
Large Haul Made In Kowloon
THREE MEN
W
- "COMMITTED
Wong Hau Yu, 23, Lo Man, 27, Lau Cheung, 25, of No. 1 Woo Sung Street, 3rd floor were charged be- tore Mr. Q. A. A. Macfadyen at the Kowloon Magistracy yesterday afternoon for the possession of heroin pills,
Revenue Officer A. W. Grimmitt stated that on October 13, he, and a party of raiders went to No. 1 Woo Sung Street at 3.45 a...The door had to be smashed to gain admittance. The three defendants were at once arrested. The usual paraphernalia for manufacturing pills was discovered. Their hands When Ip Wal appeared before were stained a pinkish colour. The Mr. K. Keen on Saturday for the third defendant was arrested in
FIT FOR CANING
The defendant's predecessor ar rived on January 15 last and was visited by the plaintiff. After a preliminary talk, the plaintif de cided to enter his employment, and accordingly wrote to the de- fendant, not actually giving notice but asking for permission to leave. On receipt of this letter, the de- fendant was enraged and immedi- ately, without further ado, told the plaintiff to leave the office at once and stay out of it, threaten- Mr. Sliva: I should remind the
Mo Ching, a teacher of Ying Wah | his handa The total amount of ing to call in the police if he re- other side that nobody is on trial Girls' College, he was remanded finished and unfinished héroin pills fused. The plaintiff asked per- except the plaintiff and the de- for medical examination before his was in excess of 41,000 pills. mission to remove his private be- fendant, if you can call that a Worship passed a sentence of can- The first defendant admitted jongings, but even this request was
trial. It is rather improper. I ing on him.
ownership. The threa defendants not granted,
Yesterday Mr. Keen sentenced were committed to stand their
PLANTIFFS EVIDENCE
think, to adduce evidence not con- cerning the case at issue.
His Lordship: Burely the ques- The plaintiff gave evidence and
tions asked by Mr. Arculli were' to stated that prior to 1929 be wás
prove that the plaintiff's dismissal in the employ of Mr. Russ, de
was rightful. Mr. Areal is now fendant's predecessor. He was adducing evidence to show that the then getting $150 a month, but plaintin invited Mr. Russ to return when Mr. Loseby bought the prac-
while still in the employment of tice, he made an agreement with Mr. Loseby. Mr. Arcull will, of him, Mr. Wong and Mr. Bung., | course, în due course remind me, whereby he was to receive a salary sitting as judge and jury in this of $275 and 20 per cent. commis- sion. The agreement also stipulat ed that the defendant was to draw $800 a month from the profits.of the Arm,
case, to take this fact into con- sideration. I will, of course, dis- miss the other aspects from my mind entirely.
Mr. Arenili: I am rather surpris From August, 1934, to July, 1835, ed that my friend thought of any he did not receive any salary and ulterior motives. I only asked the commission, because the defendant plaintiff these questions in order told him business was bad... An- | to prove his loyalty as a servant other reason was because the ac- Mr. Silva: I am not" suggesting countant had absconded with that Mr. Arculli has any ulterior, money of the firm. He did not motives. He is only the solicitor know how much, as he was not conducting the case. allowed to look into the accounts. Later, he found out that the de- fendant had drawn, about $10,000
Mr. Arculli: Nor my client. The plaintin, in answer to fur- ther questions, denied that he
snatching a handbag from Chan the kitchen attempting to wash
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