1926-07-16 — Page 8

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MASTER'S CLAIM.

JUDGMENT FOR OWNERS.

The casa, was continued, in the Supreme Court yesterday aftor- noon, in which: Capt, John M Anderson, late In command of the 8.8. Haitan, sued the owners, the Man Wing Steamship Company, for three months pay in ilou of reasonable notice.

The morning hearing, which was fully reported in yesterday's Telegraph brought out the fact that on November 23rd last Capt. Anderson was discharged under 24 hours' notice, and ho claimed that he had a right to a three months' notice,

Iv

Mr. H. G. Sheldon represented the plaintiff and Mr. F. C. Jenkin appeared for the defendant Com-" pany.

1

Acute Conflict. After calling evidence Mr. Jed kin addressed the court for the do- fence. He said although there might appear to be some element of hardship in this case he wished to point out that Capt. Anderson by the fortuitious fact that Capt. Jones went home on private üf- fairs in 1921 stepped into a job whereby his salary was doubled for a period of ten months.

He agreed with his friend that the main point for decision wis what really took place at the inter- view in January 1921 between the four men, Capts. Jones and Ander- son, Mr. Chan and Ho. The ev dence on the point was in 'acute

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have the Court believe that what was discussed was all essential points except the most important factor, the Jength of time the com- pany was obliged to pay him. In entering Into an agreement at $500 a month the amount was im-. portant, but what was more im- portant was how long it was to be paid. Defendant said Capt. An- derson was to serve as a substitute for Capt. Jones and that it was agreed that 24 hours notice should apply. It seemed to him Incom- prehensible that these men should meet together and discuss minor terms and wholly disregarded the question of notice by which the agreement should be terminated

That the question of noties vas - prominent in the shipowner's mind i was evident from the correspon- dence which passed between the agents and Capt. Jones when he was engaged. The main question was the terms upon which he could be dismissed,

Inconceivable.

He asked the court not to accept the statement by Capt. Anderson. that although he was serving ou the ship with Capt. Jones, and was a friend of his, he should be naware of the conditions of Capt. Jones's employment whereby he could be dismissed at 24 hours notice..

It it was inconcievable that up to January 22, Capt. Anderson did not know these terms, and it was inconceivable that he should not know when he took over the cap- tainty. He also asked the court to disregard the statement that had the matter of 24 hours notice ocen broached. Capt. Anderson would not have accepted the terms of the agreement. There was cyi- dence before the court that he was on a 24 hours agreement with the same firm at $320 a month.. Would he have refused a job on the same terms of determination at a salary about double that?'

The Judgment.

Mr. Sheldon replied for the plaintiff and argued that the cont- mand of the ship was a vital point. When Capt. Anderson was put in, command he submitted that he was entitled to reasonable no- tice, three months, the terms not having been discussed at the in- terview on January 22.

His Lordship in delivering judg- ment said Capt. Anderson's ver sion of the interview was remark able because one would hap thought that there would have been discussion of ternis of em- ployment. It was also remarkabe That in handing Capt. Anderson a letter dismissing him at 24 hours notice Ho should have offered him a month's salary in lieu of notice. In the first correspon dence between the solicitors there was no mention of this. The frat letter from the plaintiffs was to the, effect, that the claim was for. wrongful dismisan and that Capt Anderson was entitled, to thre months, notice. It was remark. able if the solicitors had known of this that they should not have mentioned it in their letters. Had they done 30 it would have strenghtened plain- tiff's case,

Capt. Jones, whose place plain- 'ti took, was in fact on an agree ment determinable at 24 hours notice and he found it difficult to understand how, when the four men met, Capt, Anderson not in possession of this informa-. tion..

уда

It was to him a matter of regret that neither side had called Capt. Jones

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owned by Mr. R. Coleman. The The question of 24 hours notier cause the meeting seemed to ha70 Aerodrome, was engaged in bomb-into a back bedroom beneath, de-THERAPION N(2 tempted to deceive the court, be An airplane from the Kenley bomb want through the roof, andTHERAPION NO1 was evidently present in the mind been short and informal and it ing practice to-night when n dum-ing considerable damage. Mr. and of Chan and it appeared reason was possible that the plaintiff did bob became detached from Mrs. Coleman and, their familykor Take Bus Bay May apr mode able to suppose that this impor not fully apprehend all that took fant matter was ríentioned at the place.

THERAPIONNIZ the machine and fell with a crash were in the rooms in the front of miniBT Siroul W interview. He came to that con-He entered judgment for dofth, the root of a baker's shop in the house, and thus escaped. Ins clusion without finding that Capt. Idants, with costa.

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