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NOTICE OF APPEAL TO COUNTY COURT.

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hereby appeals from each and every part of said judgment.

Dated, January 21st, 1921.

GRIFFITHS & KORNICKER,

Defendant's Attorneys,

53 Main Street, Hempstead, L. I.

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Testimony.
JUSTICE'S COURT, TOWN OF HEMPSTEAD,

NASSAU COUNTY, N. Y.

WILLIAM LOEBEL & SON,

Plaintiff, against

ABRAHAM KATZ,

Defendant.

Before—WALTER R. JONES, Esq., Justice of the 44 Peace.

APPEARANCES :

HAROLD L. HASKIN, Esq., Attorney for Plaintiff.
H. WILLARD GRIFFITHS, Esq., Attorney for De-

fendant.

Testimony taken Monday, January 10th, 1921. JUSTICE'S COURT, TOWN OF HEMPSTEAD,

NASSAU COUNTY, N. Y.

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WILLIAM LOEBEL & SON,

Plaintiff, against

ABRAHAM KATZ,

Defendant.

ALEXANDER W. HOHEISER, residing at Lindenhurst, Long Island, being duly sworn as a witness for the plaintiff, testified as follows: Direct Examination by Mr. Haskin:

Q. You are in the employ of the plaintiff? A. Yes, sir.

ALEXANDER W. HOHEISER—Direct Examination.

Called in behalf of Plaintiff.

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Q. For how long? A. About one year.
Q. In what capacity? A. As salesman.
Q. Do you know the defendant? A. Yes, sir.

Q. How long have you known him about? A.
About 4, 5 months.

Q. Ever had any business transactions with him? A. Yes, sir.

Q. What did they consist of? A. Selling him shirts, boys' overalls and ties.

Q. When did you last send him any merchandise, 47 about?

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Q. When did you last have any business transactions with him? A. I don't recollect. I sold during the summer months of 1920, I have no memorandum with me.

Q. Will this paper refresh your recollection? A. I assume May 24th.

Q. What was the merchandise you sold to him at that time? A. Neckwear.

Q. What did that consist of? A. Of men's neck

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wear.

Q. How much ? A. 1 dozen at 9 dollars a dozen, 1 dozen at 9 dollars, 1 dozen at 542 dollars, 1 dozen at 544 dollars, and 1 dozen at $6.3712. It was also specified the shipment should be made packed in boxes.

Q. At that time was a written order made out of the merchandise he ordered? A. Yes, sir.

Q. And was a duplicate of that order given to him? A. All orders are made in duplicate.

Q. Was a duplicate of that order given to him? A. Yes, sir.

ALEXANDER W. HOHEISER-Cross Examination.

Called in behalf of Plaintiff.

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Q. Is the order made at the time? A. Yes, sir.

Q. The duplicate is exactly like it? A. In yellow color.

Q. This was made in his presence? A. Yes, sir.
Q. And at his direction? A. Yes, sir.

Mr. Haskin: I offer it in evidence.

Mr. Griffiths: I object for the reason there is nothing here to show that this was made in the presence of the defendant or signed by the defendant or brought to the attention 50 of the defendant, not competent. Overruled. Exception. Received and marked “Plaintiff's Ex

" hibit 1."

Q. Did you ever ask defendant for payment for that merchandise mentioned in that order? A. No.

Q. You turned this order in to your firm at the time? A. Yes, sir.

Q. And the order was turned in immediately? A. Positively.

Q. And the merchandise shipped to the defendant? A. Yes, sir.

Q. By parcel post ? A. Yes, sir.

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Cross Examination by Mr. Griffiths:

Q. You were selling other goods besides what is on this list? A. Yes, sir.

Q. Shirts for another concern? A. Yes, sir.

Q. And these shirts you sold were delivered and paid for? A. Yes, sir.

Q. And how shipped, parcel post? A. That I couldn't say. I do not know.

ALEXANDER W. HOHEISER—Cross Examination.

Called in behalf of Plaintiff.

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Q. For what firm were you selling shirts? A. Newark Shirt Company.

Q. You know they were paid for? A. Yes.

Q. And know he actually got them? A. I don't doubt it.

Q. Did you show this order to Mr. Katz? A. Made it in his presence.

Q. And gave him a yellow copy of it? A. Yes.

Q. Isn't it a fact you had a book with you in

which you wrote the shirt orders as well as this 53 order? A. The order for shirts was taken previous

to that.

Q. Have you been in the habit of dealing with him? A. Yes, sir.

Q. About how many orders did you get from him? A. One or two.

Q. For the Newark Shirt Company? A. Yes.

Q. Never sold him any for Loebel and Son? A. No.

Q. At the time you told him you repreesnted Loebel and Son did he say he had never heard of

them and never had dealings with them? A. I 54. don't recollect.

Q. You did have some conversation about Loebel and Son? A. Introducing the ties.

Q. All the goods you sold for Loebel and Son were neckties? A. Yes, sir.

Q. You didn't see the package mailed, did you? A. Your part of the business is selling goods? You are on the road?

A. Yes.
Q. When these were shipped you were not there?
A. No, sir.

Q. You of vour own knowledge don't know whether they were shipped or not? A. I do. It is reported to me. I want to see my orders go out

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