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If this order is not correct in every particular advise at once, as same shall stand approved exactly as entered above unless advised by contrary. The delivery of this order is subject to the usual conditions of fires, strikes and other unavoidable causes.

The 117

AS THESE GOODS ARE MADE TO ORDER NO
COUNTERMANDS ARE ACCEPTED.

ALL GOODS SOLD F. 0. B. FACTORY

118

Plaintiff's Exhibit 2.

Received from Wm. Loebel & Son the following
described pieces of insured mail

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Total number of pieces Six (6) listed

By N

for Postmaster
(Stamped)
New York (Sta A) Parcel Post, N. Y.

May 29, 1920
Insured

Affidavit of No Opinion.

121

State of New York,
County of Nassau,

ss. :

Jacob L. Kornicker being duly sworn, deposes nd says that he is the attorney for the defendant-appellant herein and is familiar with all the proceedings had herein, that no written opinion was written by the Court below.

JACOB L. KORNICKER.

122

Sworn to before me, this

26th day of May, 1921.

MABEL J. ENKHOFF,
Notary Public,

Nassau County, N. Y.

123 124

Stipulation Settling Case.

It is hereby stipulated and agreed that the foregoing case contains all the evidence adduced and proceedings had upon the trial herein together with the exceptions of both parties, taken upon said trial, and that the same may be settled and ordered filed.

Dated, Hempstead, N. Y., May 26th, 1921.

HAROLD L. HASKIN,
Attorney for Respondent.

125

GRIFFITHS & KORNICKER,

Attorneys for Appellant.

Order Settling Case.

Pursuant to the foregoing stipulation it is hereby ORDERED that the foregoing case contains all the evidence adduced and proceedings had upon the

trial herein together with the exceptions of both 126 sides taken upon the said trial, and the same is

hereby settled and directed to be filed.

Dated, May 26th, 1921.

WALTER R. JONES, County Judge of Nassau County.

Waiver of Certification.

127

Pursuant to Section 3301 of the Code of Civil Procedure it is hereby stipulated by the parties hereto that the foregoing printed case on appeal contains true and correct copies of the notice of appeal, judgment roll, case and exceptions as settled, and the whole thereof, now on file in the office of the Clerk of the County of Nassau, and certification thereof by the Clerk of said Court is hereby waived.

Dated, May 26th, 1921.

128

HAROLD L. HASKIN,
Attorney for Respondent.

GRIFFITHS & KORNICKER,

Attorneys for Appellant.

Order Filing Record in Appellate

Division,

Pursuant to Section 1353 of the Code of Civil Procedure it is hereby

129

ORDERED that the foregoing printed case on appeal be filed in the office of the Clerk of the Supreme Court, Second Department.

Dated, May 26th, 1921.

WALTER R. JONES,
County Judge of Nassau County.

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