70 CHARLES LOEBEL-Cross Examination. Q. What post office? A. New York. Q. What station? A. Corner Broome and Green Streets. Q. What letter is that station? A. That I don't know. Q. Why is it you say you took this to the post office? A. Because I did. Q. Are you in the habit of taking all the packages? A. I am. Q. You say you packed these goods yourself? 71 A. I did. 72 Q. Outside of the fact that you shipped them and insured them and packed them you don't know anything about this case? Mr. Haskin: I object to the form of the question, improper. Overruled. Exception. Q. Outside of the fact you received the order from your salesman and that you never got the money, you don't know anything about it? Mr. Haskin: I still object. Overruled. Exception. A. Yes, I do. Q. What else do you know about it? A. Entire business relating to it, the order, shipment, etc. Q. What else do you mean? Mr. Haskin: I still object to the form of the question. It is improper. Overruled. Exception. A. What else can there be to a case like that? Everything relating to the case I knew. CHARLES LOEBEL-Cross Examination. Called in behalf of Plaintiff. Q. This receipt is marked insured. How much did you insure this package for? Mr. Haskin: I object, immaterial, irrelevant. Overruled. Exception. A. The full valuation of the package. Q. How much was that? A. $25. Q. You insure it as being payable to William Loebel and Son in the event of being lost or destroyed? A. Not necessarily. Q. Did you insure it in the name of A. Katz? A. It was insured. Q. Look at that receipt and tell me whether that is a receipt payable to A. Katz or William Loebel and Son? A. Doesn't state that I can see. Q. Do you know who you insured it for? A. For the man who it is shipped to. Q. Sure about that? A. Absolutely. Q. You are positive you shipped this at the station in Broom Street? Are you? A. Yes, sir. Q. Look at the rubber stamp on that receipt and tell me what station is designated on that? A. Station A. Q. Do you know where that station is? A. Corner Broom Street. Q. Sure of that? Isn't it a fact it is corner Beacher Street, New York? A. No. Q. You don't know where Station A is, do you? A. No. Q. It doesn't say anything on here that this is insured in the name of A. Katz, does it? Mr. Haskin: I object, it is the best evi dence. Overruled. Exception. A. No. 73 74 75 76 77 78 CHARLES LOEBEL-Cross Examination. Called in behalf of Plaintiff. Q. At the same time you shipped this, you shipped several other packages? A. Yes, sir. Q. And they are also included on this receipt? A. Yes. Mr. Griffiths: I object to that portion of the receipt that relates to packages shipped to Newburgh, North Hampton, L. I., Schenectady, N. Y. The Court: I permit the record to show it applies only to that shipment and don't apply to the others. Q. I show you on the second line of this receipt, which says "C. Katz, Hicksville, L. I." A. Yes, sir. Q. Your package was directed in accordance with this receipt was it not? A. The package may have the street address which the receipt doesn't have. Q. But it was directed to C. Katz and corresponded with the receipt, did it not? A. The package is copied from the order and the receipt is copied from the package. Q. Can't you tell me whether it is directed the same as the receipt or not? A. It should be and it is. Q. Mr. Katz's name is not C. Katz, is it? A What is his name? Q. It is not C. Katz, is it? A. I can't remember his name. Q. If you shipped it to a person by the name of C. Katz and his name is something else, then your shipping receipt was not proper was it? Mr. Haskin: I object. Overruled. Exception. A. If such is the case. CHARLES LOEBEL-Re-direct Examination. Called in behalf of Plaintiff. Q. You are familiar with these Post Office receipts are you not? A. Yes. Q. Delivery restricted, fee if insured, 84, do you know what that means opposite the name Katz? A. That is the amount of parcel post, and fee if insured. Q. What rate do they insure it at, per hundred? A. 25 cents per hundred. Q. Your fee is 4? A. 8 cents and 10 cents. Q. What is that item there? A. 10, that is a carbon copy. Q. You paid 10 cents? A. That insures over 25 and up to 50. Q. You have nothing else to show that it is insured in the name of the consignee, have you? A. Nothing. Re-direct Examination by Mr. Haskin: Q. The package has never been returned to you? A. No. Q. Or your firm? A. No. Q. Ever received notice from the Post Office authorities or Mr. Katz that they hold the package or that it has not been delivered? A. No. Q. Do you know whether the writer intended that for an A, do you? A. That is an A, that is not a C. Q. So it was addressed properly? A. Yes. That is an A, not a C. Re-cross Examination by Mr. Griffiths: Q. You don't know whether Mr. Katz ever received these goods or not, do you? A. I didn't deliver the package, no. Plaintiff rests. 79 80 81 82 83 ABRAHAM KATZ-Direct Examination. Mr. Griffiths: I move to dismiss the case for the reason that it shows by the proof that a delivery was made to one C. Katz of Hicksville, according to the receipt and not to the defendant, A. Katz, and also that the plaintiff has failed to prove the first paragraph of the complaint as to incorporation. Denied. Exception. Mr. Griffiths: And on the further ground there is no proof here of any delivery to A. Katz. Denied. Exception. ABRAHAM KATZ, residing at Hicksville, N. Y., being duly sworn as a witness in his own behalf, testified as follows: : Direct Examination by Mr. Griffiths: 84 Q. You are the defendant in this action? A. Yes, sir. Q. Do you know the salesman who testified here? A. Yes. Q. Have you had some dealings with him? A. Yes. Q. He is a representative of some shirt company? A. Yes. Q. You bought shirts of him? A. Yes, sir. Q. And paid for the shirts, did you not? A. Yes, sir. Q. Do you remember his having a conversation with you last May in reference to some neckties which he carried as a side line? A. That salesman |