526 William Zeffert-For Plaintiff—Cross representing in any way insurance companies, with whom you had any conversations from the time of the fire right up to the present time? A. The best I can remember. Q. Did you as time went along make any written memoranda of dates of conversations and names of persons present? A. Did I? Q. Yes? A. No, sir. Q. Did Mr. Golding make such a memoranda? A. I cannot answer for him. Q. You don't know that. Mr. Golding is still 527 an officer of your corporation, isn't he? A. No, Q. I beg pardon? A. No, sir. Q. When did he sever his connection with the corporation? A. November. Q. What year? A. '31. Q. When was this plaintiff corporation organized ? A. About 1925. Q. And what was its name then? A. Tilkin & Zeffert, Inc. Q. And it is a fact, is it not, that except for 528 the change of its name to Crest Furniture Co., Inc., that is the same corporation that was in business at 138 Fifth Avenue, New York City, on April 17th, 1931? A. Yes, sir. Q. Now, when was the name of this corporation changed from Tilken & Zeffert, to the Crest Furniture, do you know the date? A. The best of my ability, around August, September, the latter part of 1930. Q. 1930. Was it on or about August 11th, 1930? A. Around that day. William Zeffert-For Plaintiff-Cross 52.) 530 Q. And is that at or about the time that Mr. Golding became associated with your corporation? A. Yes, sir. Q. Who had been the officers of the corporation aside from yourself immediately prior to Mr. Golding's association with that corporation? A. Samuel Zeffert and William Zeffert. Q. Were those gentlemen your brothers? A. One. Q. You are William. Wasn't there a third Zeffert there? A. No, sir. Q. Just you and your brother? A. Just I and my brother only. Q. Now, Tilkin & Zeffert, I take it, kept books of account? A. Yes, sir. Q. What sort of books? A. Trial balance set of books. Q. Can you name the books? A. We kept a book of the money due us, we kept a book of the money we owed, we had a check book and we had a purchase book and we had a general ledger. Q. And who had supervision or general charge of the books of account aside from the bookkeeper, if you had one 531 Mr. Cuff: May we have the time fixed ? Q. I am talking of the time now subsequent to August 11th, 1930? A. The bookkeeper. Q. And what was the name of the bookkeeper? A. I cannot remember her name. Q. Now, in July of 1931, who had general charge of the books of account aside from the bookkeeper? A. Mr. Golding. Q. You did not, did you? A. Well 532 William Zeffert-For Plaintiff—Cross 533 Q. Will you answer that yes or no? A. No. Q. You did not. Are you familiar with books of account in general? A. Fair. Q. Fair, and as between you and Mr. Golding in July of 1931, who was more familiar with the books? A. Mr. Golding. Q. And would it be correct to say that as between you and Mr. Golding in July of 1931, you did not have charge of the books of account, is that a fair statement? A. I think it is fair. Q. You think it is fair. You told the Court that some time prior to July 10th, 1931, you received a notice of examination returnable at the office of Powers, Kaplan & Berger on the 10th day of July, 1931, you recall that, don't you? A. There was received ? Q. Yes, and you also told his Honor, did you not, that an adjournment was arranged because of the fact that there was infantile paralysis in your family, you recall that, don't you? A. Yes, sir. Q. Now, do you know the handwriting of Mr. George E. Golding? A. Yes, sir. Q. Will you look at this letter and tell me whether that was signed by Mr. Golding. Don't read the letter; just look at the signature, yes or no? A. I am looking at the signature. Q. Look at the signature. Don't read the letter at this moment. Will you hand that letter back to me, please, Officer? Is that or isn't that Mr. Golding's signature? A. Yes, sir, Q. And that is on your letterhead, isn't it? A. That's right. 534 Mr. Berger: I offer this letter in evidence. William Zeffert-For Plaintiff—Cross 535 re Mr. Cuff: No objection. (The letter above referred to was ceived in evidence and marked Defendants' Exhibit A.) Mr. Berger: May I ask your Honor to read this letter (handing letter to the Court.) 536 Q. Will you read this letter, Mr. Zeffert (handing letter to the witness). Have you read it? A. Yes, sir, Q. Let me have it back. A. Just one minute. Q. That letter was written by the plaintiff in this action and signed by its secretary-treasurer in response to a notice theretofore served on the plaintiff with reference to an examination under the terms of the policy, was it not? A. That's right. Q. Is there any statement of fact in the second paragraph of that letter that is true? Mr. Cuff : I object to the form of that question, if your Honor please. The Court: I think so. Mr. Berger: All right, I will withdraw it. 537 Q. Is it a fact, Mr. Zeffert, that on or about July 6th, 1931, you as president of the plaintiff had charge of all the books of account, check books, invoices and so forth, is that true? A. Yes, sir. Q. That is true. And were you out of town on a vacation at that time? A. To be very, frank with your 538 William Zeffert—For Plaintiff—Cross 539 Q. Were you or were you not out of town on a vacation? A. I can't remember; I don't remember whether that is the time my kid was sick or whether I was away for a day or two. Q. Now, which is the fact, that an adjournment was requested on the occasion of this examination under oath that had been set for July 10th, 1931, because your child had infantile paralysis, or because of the statement set forth in this letter, which is the fact? A. The only way I can answer you is by bringing a paper tomorrow from the Board of Health which will give me the exact date that the kid was taken sick. Q. By kid, I take it you mean your child? A. Yes. Q. You cannot answer now, though, can you, whether you were out of town at or about July 6th and July 10th, 1931? A. I can't remember that, but if I will bring this affidavit from the Board of Health, which I have in my house, that will tell me. Q. And you want his Honor to believe and the record to show that the sole reason why there was an adjournment of that examination at the request of the assured, the plaintiff in this action, was because your child had infantile paralysis? A. No, we did not ask you to do that. We did not want anybody to know about that infantile paralysis condition or sickness and anybody who asked why I was not there through the sickness we told them I was out of town. Q. And is that the reason why George E. Golding, the secretary-treasurer of the Crest Furniture, Inc. said the reason you wanted an adjournment 5.10 |