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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 117 delivery of this order is subject to the usual conditions of fires, strikes and other unavoidable causes.

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

ALL GOODS SOLD F. O. B. FACTORY

118

Plaintiff's Exhibit 2.

Received from Wm. Loebel & Son the following

described pieces of insured mail

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

Insured

May 29, 1920

Affidavit of No Opinion.

State of New York,

SS.:

County of Nassau,

Jacob L. Kornicker being duly sworn, deposes and 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.

Sworn to before me, this

26th day of May, 1921.

MABEL J. ENKHOFF,
Notary Public,
Nassau County, N. Y.

121

122

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.

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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.

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.

127

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 129 Procedure it is hereby

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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