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CHARLES LOEBEL —Direct, Examination.

Called in behalf of Plaintiff.

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and when I come into the house I want to know whether my goods went out and they show me the lists.

Q. No receipt signed by Mr. Katz? A. By the post office. We have the insurance slip, shows it is received by the post office.

Q. That is the only knowledge you have of their delivery? A. Yes.

Q. What were the terms under which these orders were shipped? A. 30 days.

Q. What do you mean 5/30ths? A. 5%, 30 days.

Q. Isn't it a fact the arrangements were that you sold on 30 days approval, and if he paid then he was to have a discount of 5%? A. No approval.

Q. Didn't make any such arrangements? A. No, sir.

Q. Positive? A. Sure of it.
Q. You never sold Mr. Katz after that? A. No.

Q. Do you remember seeing him in Loebel's place at any time? A. No, sir.

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CHARLES LOEBEL, residing at Brooklyn, 57 N. Y., being duly sworn as a witness for the plaintiff, testified as follows:

Direct Examination by Mr. Haskin:

Q. You are employed by the plaintiff? A. Yes, sir.

Q. In what capacity? A. Inside man.

Q. Was Plaintiff's Exhibit 1 ever handed to you? A. It was.

Q. On or about what time was it handed to you? A. Around May 24th.

CHARLES LOEBEL-Direct Examination.

Called on behalf of Plaintiff.

58

Q. About the time the order was taken? A. Yes.

Q. What did you do with it? A. Looked up references if there were any and shipped the goods.

Q. Did you supervise the packing? A. I did the packing myself.

Q. Can you state that all the merchandise mentioned in that order was packed up? A. According to the checks here, it was.

Q. You did the checking yourself? A. I did.

Q. So that you know then that the merchandise 59 mentioned in that order was packed? A. Yes, sir.

Q. After you packed it up what became of the package? A. I take this and other packages to the post office and fill out the parcel post there and get a receipt.

Q. Did you address the package to Katz? A. To Hicksville, Long Island.

Q. Can you state when this package was turned over to the post office authorities, what date? A. About the 29th of May, 1920.

Q. You personally turned it over? A. I did.

Q. How was it shipped to Mr. Katz? A. Well, 60

I don't know what means the post office used via parcel post.

Q. Did you have the package insured? A. Yes, sir,

Q. I show you a receipt and ask you whether or not the post office authorities at the time of the delivery of this package you mention then gave you that receipt? A. They did.

Q. And that represented the package you testified to? A. Yes.

Mr. Haskin: I offer it in evidence.
Mr. Griffiths: I object, not properly con-

CHARLES LOEBEL—Direct Examination.

Called in behalf of Plaintiff.

61

nected and has no binding on the defendant
Overruled. Exception.

Received and marked "Plaintiff's Ex-
hibit 2."

Q. Did you ever send Mr. Katz a statement? A. When we send packages we send bills separate by mail, the same time the package is sent.

Q. Was this bill returned to your office? A. Never.

Q. Did the envelope bear your firm name and 62 address in the corner? A. Yes, sir.

Q. And proper postage on it? A. Yes, sir.

Q. Did you send more than one bill or statement? A. One bill with the package, within 30 days he received a statement by the same method.

Q. How many statements would you say were sent in your usual form? A. That I can't say, he gets the statement in 30 days.

Mr. Griffiths: I move to strike that out, not binding on the defendant, wholly incompetent, immaterial what their custom may be. Granted.

Q. Can you state in this case whether or not a statement of the account was sent to Mr. Katz? A. It was within 30 days.

Q. Did you ever write letters to Mr. Katz? A. Yes.

Q. When did you first write to him, about? A. 14th of August.

Q. Is that a copy of the letter you yrote to him? A. Exact copy of the letter.

Q. Did you next write to him on August 29th? A. That is an exact copy.

CHARLES LOEBEL-Direct Examination.

Called in behalf of Plaintiff.

64

Q. This letter, September 22nd, is that an exact copy of the letter you sent him? A. Exact copy.

Q. I show you copy of letter of October 2nd? A.
Yes, sir, exact copy.

Q. Those were properly posted? ' A. Yes, sir.
Q. Addressed to him at Hicksville? A. Yes, sir.

Q. Your firm name and address in the corner of each envelope? A. Yes.

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Mr. Haskin: I offer them in evidence.

Mr. Griffiths: I object on the ground no notice of secondary evidence has been produced. Sustained. Exception.

Q. Did you receive any answer or communications to any of these statements or bills or package you sent to Mr. Katz? A. None whatsoever.

Q. Did you ever see Mr. Katz after the delivery of this merchandise? A. Not until this morning.

Q. Do you know whether or not he ever called at your office? A. On October 18th we drew a draft on Mr. Katz.

Q. This is the draft? A. Yes, returned unpaid.

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Mr. Haskin: I offer it in evidence.

Received and marked "Plaintiff's Exhibit 3."

Q. Did Mr. Katz call at your office. At any time? A. He did.

Q. On or about when? A. In November.

Q. And at that time do you know what he said ? A. He said he hadn't received the goods and wanted to know who he should pay us or the lawyer.

Q. That time the matter had been taken before me? A. Yes, sir.

CHARLES LOEBEL-Cross Examination.

Called in behalf of Piaintiff.

67

Q. And did he tell you that he had taken up

the matter with the post office?

Mr. Griffiths: I object. Sustained. Exception.

Q. What was the conversation? A. I can't give the exact words. The conversation didn't go on with me.

Q. Do you know what the conversation was?

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Mr. Griffiths: I object. Sustained.

Q. What was the conversation that did go on?

Mr. Griffiths: I object unless it shows he was present. Sustained.

Q. Were you present at the time? A. No.
Q. Has this account been paid? A. No, sir, no

part of it.

Cross Examination by Mr. Griffiths :

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Q. You never had any dealings with Mr. Katz yourself? A. No, sir.

Q. You never received any communication from him? A. None whatsoever.

Q. Never had a conversation with him? A. No, sir.

Q. Did you make out this draft? A. I did not.

Q. You remember the draft being returned? A. I do.

Q. You received it when it came back? A. I did.

Q. This post office package, did you take that to the post office yourself? A. I did.

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