1934-07-17 — Page 17

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TUESDAY,

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$11,000, and Mr. D'Almada,

"DOUBLE EAGLE" loss would have been reduced by

TRANSACTIONS

FORMER BROKER'S

*CLAIM

FOR SALARY AND COMMISSION

A former sharebroker, and a merchant came into legal conflict at the Supreme Court this morn- Ing when, before the Chief Justice, Mr. A. D. A. MacGregor, Jose Marla Xavier, of No. 2, Granville Rond, claimed $2,568 from Woo Lal-tin, of Messrs. Woo Brothers, No. 6, Queen's Road Central.

DIFFERENCE OF OPIUM. --- Following this transaction there ovna a difference in opinion and plaintiff pointed out that if he was to continue he would have to be allowed to exorcise his own dia- 'cretion. This was not agreed upon, and the plaintiff's servicce were terminated.

inted out

Mr. D'Almada also that the plaintiff' was to do business with the

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tions entered into by the defen- dont with other firms.

Plaintiff gave evidence bearing out his Caunsel's statement and in reply to a question by the Judge no to the dispute which end- ed his employment, he said that defendant incurred an extra loan of $11,000 by not following his

I told him not to cover," said

Mr. Leo D'Almada, jur., Instruc-advice. ted by Mr. M. A. da Silva, of... Mesure, Remedios and Silva, ap- witness. peared for plaintiff, and Mr. H. C Macnamara, instructed by Mr. J. T. Prior, of Messrs. Wilkinson and Grist, represented defendant.

The statement of claim set out that plaintiff was employed by the defendant ay manager on behalf of the defendant for the sale and purchase of "Yee Kam"-known as Quarterly Double Eagles or Ame- rican Gold dollars.

THE CLAIM..

The claim was for four months' salary from lay 22, 1933, at a salary of $150 and commission at 6 per cent to July 27, 1933: total Ing $2,668.86.

NOT A NUDIST... Mr. D'Almada hastened to en- large on this statement and. His Lordship said: "I thought for a moment that he was advising him to join a Nudlat Society."

1 am sorry to bring this asso- clation of ideas into the case," Bald Mr. D'Almada.

Witness said defendant express- ed his regret ut not taking his advice, but witnoas avas annoyed and a row ensued. About three days later, on July 27, defendant gave him notice.

ru used Witness said

to 01 his telephone Instructions transactions from the Nam Cheong

of

Mr. D'Almada, opening the case,Firm, owned by Lai Hop-chow

In cross-examination, witness said that the plaintiff and defen

the dant were acquainted previous to said that the decision working together, the nequaint World Economic Conference re- anco having come about through garding aliver became known in the assistance which the plaintiff Hongkong on Saturday, July 22, had given to the defendant's and he know there would be a

reaction on the Monday. brother.

W08

THE DEFENCE. Lai Kop-chow gave evidence in plaintiff'e behalf.

Recently, and up to the time of the subject of the present case the plaintiff was a sharebroker, but

Mr. Macnamara suid his client hit by hard times and the slump. Ho was previously a did not dispute that he employed manager of an import and export plaintiff, or that the business he

at first obtained was firm and could claim to have some knowledge of exchange transac-business. Defendant did deny

that tione.

he engaged Xavier for a period of six months on a commis- sion basis and maintained that the period was three months, at a salary, with a possibility of a

honus.

paying

Mr. D'Almada went on to say that to maintain such a knowledge it was necessary to keep pace with world quotations, have an intimate knowledge of the India and China

Defendant said he was a direc- market, of gold and silver prices,tor of the Tung Wah Hospital at: the Hongkong and Shanghai mar- ket prices, and world political affairs and events on which the trend of the market depended.

HANDSOME COMMISSION. After a small T.T. transaction un behalf of the defendant, it was be em. agreed that the plaintiff

defendant to the ployed by specialiso in these transactions, certain offer of n with an Axed salary and commission. The plaintiff was to operate on the market to his own discretion and it was agreed that he was to re- ceive a "handsome commission" on the profts

Later the plaintiff and defen- dant came to a new agreement by which the plaintiff was to receive a salary of $150 and a commission of 6 per cent., payable at the end of six months, He was allowed to draw on his commission up to the amount of $200. The transactions were also loft entirely to the dis cretion of the plaintiff.

would

Mr. D'Almada said he show that up to the time his ser- vices were terminated. the plain- tift had shown a not profit on his. transactions,

The greenient continued on these lines.until the last two weeks of July when the plaintif d agreed with an action of the de fendant's pointing out that a lose would be incurred. The de-

... compare the work dunt decided to act on his own and

a loss of $18,000 was the reabit.

flnd the defendant taken the plaintiff's subsequent advice this

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proceeding. The hearing

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