Trade Usage in the Dismissal of a Captain

Otago Witness, Issue 1581, 4 March 1882, Page 19

Trade Usage in the Dismissal of a Captain

In tho case of John Cowan v. Guthrie and Larnach's Timber and Woodware Factories Company, judgment was on Monday last given as follows : —

This ia a claim for damages for wrongful dismissaliof plaintiff as master of the ketch Catlin without notice. The defence is justification, on the ground that;defendant appropriated money in payment of his own wages to a greater extent than he was authorised to do, and that there is a trade custom or usage that masters of coasters after one month's service may be dismissed without notice at the ship's port. The evidence showa that the c mso of complaint, on the first ground, arose before the ketch was owned by the present defendants, and therefore it is not a ground upon which they can justify dismissal without notice. Upon the other defence, respecting a usage, I consider there is not sufficient evidence to suppsrfc a trade custom or usage. It is laid down that a usage musfc be shown to be certain and reconcilable, and bo universally acquiesced in that everybody in the particular tirade knows It, or might know it if he took the pains to inquire. The evidence as to such usage is contradictory, and it seems to me that if it exists with some business firms it is not general. There is, however, evidence that short notice is generally all that is given or required, and under the circumstances of this case I think damages £6 tor want of notice will be Bumcient, with coats.