William Zeffert-For Plaintiff—Cross 541 was because you had charge of the books of account? A. No, sir. Q. And were out of town? A. No, sir. 542 ex Mr. Cuff: I object to this on the ground that it is incompetent, immaterial and irrelevant, as to the purpose of asking for the adjournment. That is immaterial except as it affects the credibility of the witness. We have all the facts now, and I think this line of examination is incompetent, immaterial and irrevelant. Mr. Berger: I will be glad to state to the Court why I am pursuing this particular line at this time. It is our contention that this plaintiff did not submit to a proper examination. Mr. Cuff: I, think having gone down there later on and submitted to an amination, the first adjournment does not count. Mr. Berger: The witness testified that the reason for the adjournment was because his child had infantile paralysis. The Court: Yes. Mr. Berger: And I think this letter and the circumstances very clearly belie that statement. The Court: He says now that his child had infantile paralysis and when inquiry was made at the office, they would say he was out of town rather than tell them because they did not want it generally known that he had a child home with infantile paralysis. 543 544 William Zeffert—For Plaintiff-Cross 545 Mr. Berger: And there is a further reason, there is a statement contained in this letter, and I ask for your Honor's permission to pursue that line of inquiry. There is a statement contained in this letter, that this witness has charge of the books of account of the plaintiff. Mr. Cuff: I think the president of any corporation has charge. He has already said so. The Court: I am not shutting you off from examining him under this letter. Mr. Cuff: I object to anything on this line as being wholly immaterial, incompetent and irrelevant, because whether he said that he did or did not, I do not think would make a particle of difference. Your Honor has the right to say as a matter of law that the president of any corporation is deemed to be in charge. The Court: He has already testified, Mr. Cuff, on cross-examination, that he had charge of the books. Mr. Cuff: Yes. I say he has already said so. 546 Q. Had Mr. Golding anything to do with the books? A. Yes, sir. Q. What did he have to do with the books? A. The same as I did. Q. Just the same as you did. Now, which of you, you or Golding, was more familiar with the hooks of account of the Crest Furniture, Inc.? Mr. Cuff: I object to that on the ground William Zeffert-For Plaintiff-Cross 5.17 that it is incompetent, immaterial and ir- The Court: I will let him answer. Q. What is your answer? A. What is the question? Mr. Berger (to the stenographer): Will you read the question? (The stenographer reads the question above referred to.) The Witness: Golding. 548 Q. Was Mr. Golding in town at or about June 10th, July 10th, 1931? A. He was only one period out of town, and I cannot remember that date. Otherwise he was in the store all the time. You know the date, I gave it to you, when he went to Chepaqua, Wisconsin. Mr. Berger: I ask for the production of the letter of the loss committee dated June 30th, 1931. 549 Q. Did the plaintiff on or about June 30th, 1931, receive this letter? A. Yes, sir. Mr. Berger: I offer that in evidence. Mr. Cuff: I do not object to the letter being offered in evidence as a notice to come to the examination but as to certain features of it, I object to it being considered on the ground it is wholly a self-serving declaration. The material parts I do not 550 William Zeffert—For Plaintiff-Cross object to, but the immaterial parts I do object to. Mr. Berger: That is a notice for examination served on the assured pursuant to the terms of the policy. Mr. Cuff: It is a little more than that as I gather it. May I see it for a minute before it is finally offered? The part I object to is the second paragraph. The Court: I will take it. Mr. Cuff: Including the second paragraph? The Court: Yes. (The letter above referred to was received in evidence and marked Defendants' Exhibit B.) 551 Q. You have read this letter, haven't you, Mr. Zeffert? A. You took it away from me in the midst of it. Q. You read it (handing letter to witness). A. Yes. Q. There is nothing in that letter, is there, that specifically required you as against Golding as the person to appear at the first session, is there? 552 Mr. Cuff: That is objected to, if your Honor please, because the letter speaks for itself. The Court: I will let him answer the question. As I understand it, this was set for the 10th of July and it was adjourned to the 17th. Mr. Berger: Yes, sir. William Zeffert-For Plaintiff-Cross 553 Mr. Cuff: What difference it makes I cannot see myself. The Court: I will let him answer. Mr. Berger: I want to show you the line of conduct, this was one of the first steps so far as we were concerned, methods of procuring adjournments and all that sort of thing. The Court: I will let him answer. Q. What is your answer? A. What is the question? 554 Mr. Berger (to the stenographer): Read the question. (The stenographer read the question above referred to.) The Witness: Nothing. Q. Neither you nor Mr. Golding are mentioned by name in that letter, are they? A. No, sir. Q. Where are the books of account for the period of one year prior to this fire belonging to the corporation known as Crest Furniture, Inc.? Mr. Cuff: I object to that on the ground that it is immaterial, irrelevant and incompetent. The Court: Objection overruled. A! Where are the books? Q. Where are they now? A. I did not hear the question clearly. Mr. Berger (to the stenographer): Read the question. |