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ABRAHAM KATZ—Cross Examination.
Defendant called in his own behalf.

100

Q. About what time of the day was it, morning or afternoon? A. I don't remember.

Q. Don't you know? A. Don't remember.

Q. Did you ever call in the morning? A. I don't remember.

Q. Did you ever call in the afternoon? A. I don't remember.

Q. Did you ever call in the evening? A. I don't remember.

Q. Did you ever call at midnight? A. I don't 101 remember.

Q. Did you ever call before 7 o'clock in the morning?

Mr. Griffiths: I object, immaterial. Overruled. Exception.

A. I don't remember.

Q. Did you ever write any letters to this firm. A. Went up personally myself.

Mr. Haskin: I move to strike out last part as not responsive. Granted. Exception.

102

Q. Ever write to them? A. No, sir.

Q. You did give an order to the salesman? A. I did.

Q. And that represented the merchandise testified to today did it not? A. I don't remember what the merchandise was.

He didn't leave no copy.

Mr. Haskin: I move to strike out the last part. Granted.

Q. The order represented neckwear? A. Yes, it did but what kind I don't know.

ABRAHAM KATZ-Cross Examination.
Defendant called in his own behalf.

103

Q. The first statement you received, when did you receive that? A. It is a long time ago, 40 days after the order was placed. I don't remember. Don't force me to say anything I don't remember.

Mr. Haskin: I move to strike that out as not responsive. Granted.

Q. What is your best recollection? A. 40 or 50 days later.

Q. Have you that statement with you? A. I gave 104 it to Loebel.

Q. When did you next receive a statement? A. Same time or 10 days sooner. I don't remember, 10 days later, I don't remember. Every time I received a statement I went to the firm and told him about it and he told me he would look it up and

look it up.

Mr. Haskin: I move to strike that out as not responsive. Granted. Exception.

105

Q. You received about 5 statements? A. About.

Q. You never received a bill for this merchandise? A. No, sir.

Q. Isn't it a fact you wanted to compromise this claim? A. No, sir.

Q. Didn't you want to give me half of this claim in settlement? A. That is not the truth, Counsellor Haskin.

Q. Didn't you ask me to ask Loebel's if they would take half the claim in settlement? A. No, sir, I did not.

Q. As a matter of fact when you went down to Locbel's you asked whether they would compromise this claim? A. No, sir.

ABRAHAM KATZ-Re-direct Examination.

Defendant called in his own behalf.

106

Q. You had no conversation about payment? A. Nothing whatever.

Q. The time you ordered the neckwear did you say you ordered shirts? A. Yes, sir.

Q. You ordered shirts? A. Yes, from a different concern.

Q. As a matter of fact didn't he tell you he represented Loebel and Son at that time? A. No, he did not.

Q. Didn't he write on the order when he took it 107 "sold shirts before? A. He did not.

Q. Ycu read over the order, did you? A. I didn't look it over.

Q. At the time he took the order didn't he write (sold shirts before"? A. No. I don't know. I didn't look at it.

Mr. Haskin: I move to strike that out.as not responsive. Granted.

Re-direct Examination by Mr. Griffiths:

108

Q. Did Mr. Loebel or anybody connected with Loebel's firm tell you to put in a claim for the lost article? A. Old man Loebel told me "if it is lost I will put in a claim to the Post Office.”

Q. In his name, in the name of this firm? A. Yes, sir.

Q. You never have put in any claim? A. No, sir.

Q. As far as you know it never was insured in the name of Katz? A. I don't know.

Defendant rests.

ELEXANDER W. HOHEISER—Recalled, re-direct.

Called in behalf of Plaintiff.

109

Rebuttal.

ALEXANDER W. HOHEISER, recalled as a witness for the plaintiff in Rebuttal, testified as follows:

Re-direct Examination by Mr. Haskin :

Q. Mr. Katz testified he gave you a shirt order the same time he gave you this order, was that so? A. No, sir.

Q. How long before, would you say it was before he gave you the shirt order? A. I usually make my trip

110

Mr. Haskin: I move to strike that out.
Granted.

Q. How long before that did he give you a shirt order? A. About 6 weeks.

Q. Mr. Katz says you did not give him any duplicate of the original order? A. Every one gets a duplicate.

Q. What was the color of it?

111

Mr. Griffiths: I object, already testified to on direct examination. Overruled. Exception.

A. Yellow.

Q. Did Mr. Katz know you lived in Lindenhurst?

Mr. Griffiths.: I object, calls for conclusion. Sustained.

ELEXANDER W. HOHEISER—Recalled, re-cross.

Called in behalf of Plaintiff.

112

Q. Had you told Mr. Katz you lived in Lindenhurst?

Mr. Griffiths: I object, not proper rebuttal. Sustained.

Q. Did Mr. Katz ever communicate with you about these neckties? A. No, sir.

Q. Did he ever tell you he did not receive the neckties?

113

Over

Mr. Griffiths: I object to that. ruled. Exception.

A. No, sir.

Q. Have you been in his store since the taking of the necktie order? A. No, sir.

Re-cross Examination by Mr. Griffiths:

114

Q. What date did you take the first shirt order? A. About 2 to 3 months before, 2 months about.

Q. When did you take the second shirt order? A. The second trip I sold neckties, no shirts.

Q. Remember selling children's overalls? A. First order.

Q. With the shirts? A. Yes.

Q. Don't remember selling him overalls with the neckwear? A. No.

Q. Tht neckwear was sold separately? A. Yes, different trip.

Both sides rest.

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