Document NGwRemx6jNN4rZqE0Naejp46V
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am, OOUHTY & STATS OF HEW YORK : S3:
WILLIAM MPOSMAW, Laving first been duly aworn by Saddle Strauss, a notary Publio named in the stipulation herein, testifies as follows:
BY MB. HERMAH: Q, Mr. Moosman, you are the Seore tary of
Toiler & Moosman, Ino.I A. Yea sir, Q. And Toller & Uoosman, ino. is a domestic
corporation? A. Yes sir. Q. Were you such secretary in the year 1938
and in the year 1933? A. Yea sir. Q, 1aider Taller is the President of Toller &
Moosman, ino.? A. Yes sir* Q. And was such President in 1938 and 1933?
A. Yes, air, Q. Ware you both such officers in 1931?
A. Yes, sir. Q. Did your Company enter into a contraot with
the defendant, Cohn Kennedy A Company, Ino. with respeot to painting work to he done at the Queens General Hospital? A. Yea air.
Q. Was that oontraotln writing? A. Yes, sir. q . Haws you got that contrast here? a . Yes* Q. Your Attorney hands mo a paper hearing date the - day of May, 1931 and X show it to you and ask yen wheth" or this is the contraot between fuller & Moosman, ino, and John Kennedy & Company, ino. with respect to the |rork to he done by you at the Queens General Hospital* A, Yes sir* By Mr, Herman - I offer this contraot in eyidenoo as Plaintiff's Exhibit 1* q . outside of this Plaintiff's Exhibit 1, hare
you any other oontraot in writing with Joba Kennedy d Company, lac. with respect to any work on Queens General Hospital? A. so sir.
Q. Have you any oval contrast with John Kennedy & company Xnc. with respect to any other work than shown in Plaintiff*s Exhibit 1 on this Job? a . So .
Q. Old you fully complete the work sailed for by plaintiff's Exhibit 1. A. Folly completed subject to final inspection.
Q. Has there been a final inspection? a . So * Q. then aid you fully complete the oontr&ot* A. Completed subject to retainer* I hate finished It some tips in Sareh or April. Q. Have you got the date when you did the l&et item of work on this job? a . Sons time in June. Q. Have you it In com of your memoranda or data? A, X can get it* Q. How much money di a you receive from John 2K ennedy & company, Xnc. on aeoount of the work oalled for by Plaintiff's Exhibit 1? A. X don't reeall offhand. X would also have to give it to you from the records. Q Do you keep books to show how much yen **' oeived and the dates of the xeoeipta of tfaeeo moneys? ' A* X do. q . ontii you refresh your reoolleotioa ae to the exact amount you received, how much do yon now say yon received on account of plaintiffs Exhibit 1* A. $43,000* Q. Ajfle the appeoifloatlons in writing? A. Tee* q Have you got the copy of the specifications? A. X haven't any with me, but X can produce it. Q Have you one in your ffios? A. X believe
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we bare it la the office.
q, At the time when yea catered into Plaintiff* a
Exhibit 1, did yea get a copy of the BpeoifioationBj A. WO
did. q. And you kept that oopy in your offioa? a.
I believe so. q. And you will make an effort to find it?
A. 1 will. q. And produce it at the next hearing if you
find it? a. Yea, if X find It.
q. Have you also received copies of piano at
the time you signed Exhibit 1. A* Plane fat all buildings.
q. By all buildings you mean all buildings
comprising queens General Hospital? A. Yes.
q. those plans you still have? a . Yes.
q. Do you mind producing those at the next hearing?
A* Yes,
q. Are you claiming from John Kennedy & Company,
Ino. for any work that you did t}ioh you claim ie not called
for by Plaintiff's Exhibit 1 and the plane and specifications
A* Yes,
q. X understand you to eay that you meets 1st*
tors of protest to John Kennedy & company, zno. when a reques i was made upon you. to do work which you considered ms not
within plaintiff's Exhibit 1, and the plans and specification i?
A. Bight.
q. Have you copies of those letters? A, X
have* q. Bo you mind producing copies of those letters
at the next hearing? A. on the advice of 117 Attorney X will,
q. After you made these written pretests yon
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did do the work ashed of yea to be dose* whieb you wasidareri
outside of too ooato&ot, miatiff suhibit t, andthe pleas
aad opeoificaUoBs? A# X did*
<4* Bo say of your Books shew the itss* of work
doue by you m& too fais sad seasonable paries therefore.
A* M haw nothin talliM la Bwy*
q* Tuoee ooiw&ot of aatssisl and laborf A*
Mostly :ibr*
q And haw yea any entries i you* boohs to
shoo bo o way two sad Boo way days lobe* you dowtod to
those extras* a* X ooswa* of do* but X oa set euro*
<* Khan you euld a aont ago that you had net
tallied thou, you mum by that you taw sot eoantsd up law
total* &* Right*
q* m* ram book* oeutala Wo iteso fro* flbieh
you can who w tomes* A* too boots ahould Shoo Wo
ties that it took*
%* would ram books also she* the sou Wat wow
engaged iu those eattrae. A* So*
$ the books would eluply shoo tho iuttfeer of
non engaged os' those extras and datoof A* J assuat that it' would shot We uotibor of aen, and possibly sot* feasibly it
would only afeow the eaetaits of mansya oxpoudod ooory day W
water web.
% DO X
you to say that ysu
is called a dally shoot* A* Its*
q* m& this daily shoot i printed) a* 7s s
q Co thesi shoots woo the mat of *w*y mm
m the
saoh day) a. <*
q cess tm h u b write his esa bo bs b that
sheet 8W? day? a, bo does*
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ttoe prapeiao toe stoat? a toe daftly atoet la ft yrtotod f*e* and toe mm of eeek a dally to pu* toare fey toe u Maself* tola etoot Is at toe Bbaafty i tb maid* la or is one at too rooms, and os (Men aw a;>peye tor mark <turlg taat day m algae ale tone*
q eee be a* tea m of toe day a&gft toe aatoer of Hours to week*. A, So,
q* the eaoert&lQa tine rantor of Haora? ft* X keep toe rococo. of the tint*
q* Xtila stoat sea dally tokea free toe twlldteg dewo to too office* ft* ittot to rigftt*
q* Title dally stoat to kept ky yea far ae week* '
& toe*
% ftt to sod f toe weak a wtaitty ekeet to eede eat of toe deity stoat? ft* toe*
q# toe sake toe ee*3y stoatr a* toe aMwh q* atoi dose toe easily ekeet oe&taial ft* toe weakly stoat 'to .alee printed and toe weekly atoet eentalaa toe mmw of toe ana sad tea soaker ef day* pot to toy eeak &m at eaofe leto* q* toto weekly atoet oontaias toe mm oftoft mm' and toe easka* of days ttot krworked opwapaarttoftlat |ffe during toe* weak sad toe autoe* ef bear* ftaeto day* ft* lift# q. Ttoe e%ly toeete* aye totty elgned toy toe seat ft*' ftenetolaas toey me and aeaetiaee toey see mm* tot toe* ttoy see eel signed oa toe eeetdy atoet* too* at tote a eegurato sreeeispt taken free toe een *ry tlaw toe to paid* q toto you do extra week toave yea aey entries anytoftre a&owing to* son are engaged to extra ark sal bow lengt ft* toe* q* m&% entries or toe* records do yea keep# to ala yea keep* to bev toe extra work toot wee dftftt toy yea aa
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the qaeeae General Hospital. A* I give la the amount. of
labor It took to perform too certain item*
q. Where do you got too certain item and where
do you got too amount of labor? a. I made a special net**
tim*
Q. Ten mm at toe ttmo the work was done yen
made & special notation? a. foe.
Q. Sy too special notation you awes what ant
were engaged in doing extra wearier A* sot what mem no
mosey soon wore working os this item* -q And Is that tbs only record you hero to shoe
what men did this extra work?
that le the only record
to show hew long it took} a* Shat le the only record I hart,
q. do your dully' sheets ear weekly sheet* tndt*
oete on Warn whether the mm working the Job daring that day
or during that week were warking m extra work? A* fie* the
dally sheet did not indicate anything. see the weekly sheet.
q. fould there be any book inyour possession
Indicating what charge ie to be made on the queens Sonaral
Hospital for extra work? A. Thor# would.
q$ Be yon new any that there ie snob * book*
a . Shore should be some restate in our office Indicating the
time it took te perform title extra week. Shat ie my baeia of the claim.
q* 'kill you leek through your reearOe end ere
if you can find such book and produce it at the next hearing!
A. X will try to find it. q* Have you any idea at the present tine hew
tta*cm your olaim against fiehn Kennedy A Company. tad. la for
these extras! A. fie. q* whatever the amount of the alnim la will ap
peal from these data and record* that yen apeak eft A* it
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wiU appear from the footage, the value* stf I don't MUm it win appwox ism tie time whatsoever, because time is sot considered in court on extras*
U* tear olaim then from the Oity, is for the fair &sd resaooatole value? a, That is going to be me elate , If they are asking fop time we will have to prodnoo it*
Q* At any rate, you are prepared to testify with respect to these extras, hath as to the fair am reasonable value of the extra work you did* am as to tbe tine that it took* is that right? A* 1 as prepares to testify as te say tadloationa that i eon mow from the resends* or aim recollections or whatever it was#
Wo you rooms** as you remember it* todioate bow maty mm and during what period of tin* they ware.employeL by you in the doing of these extra items? A# I believe it will Show# There meat be some resosd#
Q. Bp you pay these em in accordance with mm
specified dally wags? a . lee* q* as this a anion job? a* fra* % itld you pay to these men me mien seal* -of
wages prevailing during the time of mis eoatrast* ptototiff' i gxhlbit l. A* Tea* sir,
% la addition to too olaim for extral&bes far this extra work* are you also claiming against Jem xmasdy A company for extra material to oeaaeotion with thie extra work' A* Yes*
4, Have yea any entries la any ef you* books te . shew what extra B&tariata yea purchased for mia extra work? ' .a * I don't snow. They may be oashpurchases. Thefts** oertain ehemeals tnat we had to use * flake white, and Japan
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q, &% any rate, whatever extra sateriala ypa used#
yea bought far cash or there are UUi to ahor, M yen Bind bating the items of cash that you. expanded am the bille to show the value of tie materials seed for this workf i, I do not preads# it, t oill take it up with our accountant to see if it can be worked out, ly inteations were to add mats**
lal to labor, as anyone would, ami that Is bar J dovetailed
tsy material coat ia addition to these extra labors, but wbotfc* ex X will be able to pick It out 1 do not know, -
q, tou say that the item of materlalebews a ref
lation to tbs total as blank to blank, a * It all depends tat
tbe work, q, bn this particular j8>? A, X have get to studs
tbat first, ft* no yea mind at tbe next hearing producing tho to *
voices that -were sent to yea by tho plaintiff in tods aOtien between September 6th, 1868 and January 31et, 1839, A. fee, my attorney eon predaoe them.
fhe farther exaaiaattoa of tbie witness in ad journed to tbe 9th day of January, 1934, at the office of plaintiff's attorneys, 198 Snot 43&$ atreet* Manhattan, Her fork Oity, at three o'clock#
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