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ABRAHAM KATZ—Direct Examination.
came into my store and showed me a line of work shirts and children's overalls and I liked the shirts and placed an order. He also opened a valise and showed me neckwear and I told him “I don't know the firm. I don't like to do business with new firms,” and he said, “You can buy on approval and if it ain't satisfactory you can send the goods back."
Q. Within what time? A. About 30 days. The shirts I received 2 days later and I think it was boy's overalls, and the neckwear I never received 86 from the firm.
Mr. Haskin: I move to strike that out as not responsive. Denied. Exception.
Q. Do you remember at that time the salesman writing out an order and giving you a copy on a yellow sheet? A. He never gave me a copy.
He had a book and wrote in it.
Q. Did he write the shirt order in the same book? A. Yes, sir.
Q. Never gave you a copy of either one of them? 87 A. No, sir.
Q. After you placed this order did you receive a statement from Loebel and Son 30 days afterwards? A. Not exactly 30 days, I did receive the statement.
Q. It was for the amount of this bill? A. Yes. And I went up to the old man Loebel and spoke to him and said, “I received a statement from you and didn't receive the goods. What shall I do with
I it?” He said, “Mr. Katz, you go home and we will look it up where the goods went to.” That was the old man Loebel. I was up four, five times, and
ABRAHAM KATZ—Direct Examination.
kept speaking to them about it and he all the time told me he will let me know.
Q. Do you remember seeing that draft on the bank, or did the bank tell you they had a draft, and do you remember refusing to pay it? A. Yes.
Q. And did you go to see him after that? A. Yes, and told him to do one thing or the other and I told him if I owe him any money I would pay it, but I didn't receive the goods.
Q. He is the head of the firm ?
Mr. Haskin: I object, incompetent, irrelevant and immaterial. Overruled. Exception.
Q. You know him to be the head of that firm of William Loebel and son ?
Mr. Haskin: I still object, incompetent, irrelevant and immaterial. Overruled. Exception.
A. Yes, I asked Mr. Loebel “what kind of business is that, you keep on sending draft, statements and bills and I don't owe you any money?” and he said, “Go home, my son will come and I'll talk it over with him and see what we can do about it.”
Q. Do you recall him calling your attention to the fact of C. Katz? A. He never did.
Q. Do you remember having any talk with him as to the parcel being insured? A. He told me, "Mr. Katz, we will look it up. We insured the parcel and if it is lost we will get paid from the insurance company.”
ABRAHAM KATZ— Direct Examination.
Q. Did he say he insured it in your name? A. Insured it in their name.
Mr. Haskin: I move to strike out the last two answers, incompetent, irrelevant, immaterial, not binding on the plaintiff. Denied. Exception.
Q. How many times altogether did it go to Loebel and Son after you received statements and that draft? A. 5 times.
Q. And on every one of those occasions did you have a talk with the head of the firm of William Loebel and Son? A. Yes, sir.
Q. And know him to be William Loebel ? A.
Q. And know him to be the father of this last witness?
Mr. Haskin: I object, incompetent, irrelevant and immaterial, not binding on the plaintiff.
Q. Did you ever make inquiry at the Post Office in Hicksville for this package? A. After I received the first statement, about 10 or 50 days later when I placed the order, and I went into the Post Office, after receiving the letter, and asked the Post Master whether this package arrived at Hicksville and he said "No."
Q. That package has never been delivered to you? A. No, sir, I did not receive it.
Q. You never received the merchandise? A. No, sir, I did not.
ABRAHAM KATZ—Cross Examination.
Q. You have always been ready and willing to receive the ties? A. Certainly.
Q. And willing to pay for them? A. If I got the goods, what should be the object of not wanting to
Q. Did this salesman ever come in to see you after taking the order? A. No, never saw him after that.
Q. Do you remember his saying if you accepted them, you could have a discount within 30 days? A. Yes, sir.
Q. What was the discount? A. 5%.
Q. Is there any other Katz in Hicksville? A. No, sir.
Q. Did you ever agree with this salesman that you would pay the $44.31? Did you ever agree that you would accept the goods at that price until you had an opportunity to inspect them?
Mr. Haskin: I object, conclusion.
96 Cross Examination by Mr. Haskin:
Q. It is a fact you never called on this plaintiff until this matter was in my hands for collection? A. The last time I was in there
Q. Answer my question? A. It was before, too.
Q. You didn't see Mr. Loebel on that occasion? A. I certainly did.
Q. Mr. Katz you called my office after this matter was placed in my hands for collection? A. Yes, sir.
Q. At that time you told me you were surprised to get a letter from me for collection on the ground
ABRAHAM KATZ-Cross Examination.
you had never heard anything about this merchandise. A. No, I didn't say that.
Q. What did you say to me? A. “I am surprised to get a letter from you, I didn't receive the goods and if I didn't receive the goods, I wouldn't pay for it.” That is what I said to you.
Q. At that time you didn't tell me you had been down to see this plaintiff, did you?
Mr. Griffiths : I object, immaterial.
A. No, I didn't.
Q. And you asked me to communicate with the plaintiff, didn't you and find out whether or not this merchandise had been delivered to you, didn't you? A. It is a little different but of course it is all right.
Q. Isn't that substantially what you said? A. I asked you, what you said. “Find out from the firm where the goods went to.” That is all I asked you. And whether they were delivered to me or the goods got lost.
Q. After you were at my office you did go down to the firm ? A. It was before that. Q. After you were at my office you did
go down to the firm of William Loebel and Son? A. I did not, it was way before, no, sir.
Q. Sure of that? A. Absolutely.
Q. How many times did you go down to the firm ? A. 5 times.
Q. And talked to Mr. William Loebel every time you were down? A. Yes, sir.
Q. When you were there were you and Loebel all alone? A. I don't remember.