Document VJ4DnxbY658neRYO7a204zgKZ
4
SUPREME COURT OP TEE STATE OF NEW TOE COUNTY 07 HEW YORK
E. X, SO POET BE HBM0BB3 & COMPANY INC*
-against-
Plaintiff,
TKS CITY 07 HEW YORK, TULLER & MOOSMAM ISO, , JOHN KENNEDY & COMPANY, INC., SARGENT BUILD ING SPECIALTIES CO., COLONIAL SANS & STOSS CO. INC*, KALMAN STEEL 00. ISO*, CROSS, AUSTIN & IRELAND, LIBERTY MUTUAL INSURANCE COMPANY, JOSEPH CQUNIHAH, MARY COUBIHAN, OOUNIHAN BROS. ISO* , TAGGART PLUMBING COILPAST and J. P. DUOT CO. ISO.
Defendants.
upa-eae************^-"*^***^ ** * ^ aa . X
**
WILLIAM MOOSMAS, secretary of tHe Defendant,
TULLES & MOOSMAS ISO*, ora of tHe defanaanta Herein* appear
ing Herein on tHe 2nd day of January, 1934, pursuant to
notice for Hie examination before trial, dated December 13tH 1993, and pursuant to a stipulation of tHe Attorneys fear tHe respective parties dated December S8tH, 1933, and Having
duly sworn true answers to give to all questions propasuadedot>
Him, testifies as followst
XT IS STIPULATED AND AGREED, tHat tHe origin*. of this examination need not be filed in Court pursuant to Rule tnerefor, but tHat tHe same may be used at tbs trial witH tHe same force and offset as if tHe said examination wern in fact filed*
IT IS POTHER STIPULATED AND AGREED, by and between tHe Attorneys for the respective parties Hereto tHat the examination may be taken before SADELLE STRAUSS, as a Notary Public, Instead of before tHe Justice presiding at
/
Special Texm Past 3 of ttoe Kings Oouaty Supreme Court, as designated la the aotloe of examination before trial*
Httotlaya'"for'" HaHilH'
itiotpaayB^w'Doioadant, fuller 4 Hooaman, Ino.
Appearanoeet
Harry S> Herman, of the firm of Herman & Ernst, Attorneys tor the Plaintiff Philip Hoviofc, Attorney fr the Defendant* fuller & Mooamaa, lao.
DUP050061444
rs
om, COUNTY & STATE OF MW YORK : SS:
WILLIAM MUySMAN, having first been duly sworn by Badelle Strauss, a Notary Publio named in the stipulation herein, testifies as follows:
BY MR. HERMAN:
Q. Mr. Moosman, you axe the Seoxe: tary of Toiler & Moosman, Inc,? A. yes six,
Q. And Tuller & Moosman, Inc, is a domestic
corporation? A. Yes sir.
Q. Were you such Secretary in the year 1933
and in the year 1933? A. Yes sir.
Q. Isidor Tuller is the President of Tuller & Moosman, Inc.? A. Yes sir.
Q. And was such President in 1933 and 1933?
A. Yes, sir,
Q. Were you both such officers in 1931?
A. Yes, sir.
Q. Did your Company enter into a contract with
the defendant, John Kennedy & Company, Inc. with respect to
painting work to be done at the Queens General Hospital?
A. Yes sir.
Q. Was that oontractin writing? A. Yes, sir.
Q. Have you got that contract here? A. Yes.
Q. Your Attorney hands me a paper bearing date
the - day of May, 1931 and I show it to you and ask you wheth
er this is the contract between Tuller & MooBman, Inc. and
John Kennedy & Company, Inc, with respect to the work to be
done by you at the Queens General Hospital. A. By Mr. Herman - I offer this contract in evidence as Plaintiff's Exhibit 1.
Yes sir.
q . outside Of this Plaintiff*s Exhibit 1, have
DUP050061445
you any other contract in writing with John Kennedy & Coa^anyj,
Inc, with respect to any work on Queens General Hospital?
A. Ho sir.
Q. Have you any oral contract with John Kennedy
& Company Ino. with respect to any other work than shown in
Plaintiff's Exhibit 1 on this job? A. No.
Q. Did you fully complete the work called for
by plaintiff's Exhibit 1. A* Fully completed subjeot to
final inspection.
Q. Has there been a final inspection? A. No.
Q. When aid you fully complete the contract.
A. Completed subjeot to retainer, I have finished it some tifne
in March or April.
Q. Have you got the date when you did the last
item of work on this Job? A. Home time in June.
Q. Have you it in some of your memoranda or data?
A. I can get it.
Q. How much money did you receive from John
Kennedy & Company, Ino. on account of the work called for by
Plaintiff's Exhibit 1? A. I don't recall offhand, I would
also have to give it to you from the records.
Q Do you keep books to show how much you re
ceived and the dates of the receipts of these moneys? A.
I do.
jQ. Until you refresh your recolleotion as to
the exact amount you received, how much do you now say you
received on account of plaintiff's Exhibit 1. A. $4-3,000.
Q. Ire thespeoifioations in writing? A. Yes.
q . Have you got the copy of the specifications? A. I haven't any with me, but I can produce it.
Q. Have you one in your office? A. I believe
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DUP050061446
we Lave it in the office.
q. At the time when you entered into Plaintiff's Exhibit 1, did you get a oopy of the specifications! A. We did.
q. And you kept that copy in your office? A. I believe so.
q. And you will make an effort to find it? A. I will.
q. And produce it at the next hearing if you find it? A. Tee, if 1 find it.
q. Hare you also received copies of plans at the time you signed Exhibit 1. a* Plans for all buildings.
q. By all buildings you mean all buildings comprising queens General Hospital? A. Yes.
q. Those plane you still have? A. Yes. q. Bo you mind producing those at the next hearing? A* Yes. q. Are you claiming from John Kennedy & Company, Inc. for any work that you did which you claim is not called for by Plaintiff's Exhibit 1 and the plans and specificationsf A. Yes. q. I understand you to say that you wrote let ters of protest to John Kennedy & Company, Ino. when a request was made upon you to do work which you considered was not within plaintiff's Exhibit 1, and the plans and speoifioatiowp? A. Bight. q. Have you copies of those letters? A, I have. q. Do you mind producing copies of those letters at the next hearing? A. on the advice of my Attorney I will q. After you made these written protests you
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DUP050061447
did. do the work asked of you to he done, which you considered
outside of the contract. Plaintiffs Wxhibit 1, and the plant
and specifications? A. I did.
Q. Do any of year hooks show the items <f work
dons by you and the fair and reasonable price therStore*
A. We hate nothing tallied in money* Q. Those consist of material and labor? a .
Mostly labor. Q. And have you any entries in your books to
show how many men and how many days labor you devoted to
those extras? A. X assume we do, bus X am not sure* Q. When you said a moment ago that you had not
tallied them, you mean by that you have not counted up the
total? A* Bight* <4. But your books contain the items from whioh
you oan make the tallies? A. The books should show the
tins that it ook.
Q. Would your books also show the man that wore
engaged in those extras* A. Wo*
Q. The books would simply show the number of
men engaged on these extras and dates? A. I assume that it
would show the number of men, and possibly not* Possibly it
would only show the amounts of moneys expended every day or
every day.
Q. Do X understand yon to say that you have whs;
is oalled a daily sheet? A. Tee. Q. And this daily sheet is printed? A. tee.
Q. Do theee sheets show the name of every man
on the job saoh day? A, yes.
<4. Doss the men white his own name on that sheet every day? A. He does*
I -* DUP050061448
Q. Who prepares the sheet? A. The daily sheet is a printed form and the name of each man daily is pat thr by the man himself. This sheet is at the shanty in the builti tag or in one of the rooms, and as each man appears for work during that day he signs his name*
Q. Does he at the end of the day sign the number of hours he works. A. So.
Q. Who aeoeztain8 the number of hours? A. i keep the record of the time.
Q. This sheet was daily taken from the building down to the office* A. That is right.
Q. This daily Sheet is kept by you for one seek. A. Yes.
Q. At the end of a week a meekly sheet is made out of the daily sheet? A. Yes.
Q. Who makes the weekly sheet? A* The offioe. Q* What does the weekly sheet contain? A. The weekly sheet is also printed and the weekly sheet contains the names ofthe men and the number of days put in by each man at eaoh job. Q. Bach weekly sheet contains the name of one man and the number of days that he worked upon a particular job during that week and the number of hours saoh day. A. Yes. Q. These weekly sheets, are they signed by the men? A. Sometimes they are and sometimes they acre not. But when they are not signed on the weekly sheet, then we hare a separate reoeipt taken from the men every time he is paid. Q. When you do extra work have you any entries anywhere showing that men are engaged in extra work and how long? A. Yes. Q. What entries or what records do you keep, or did you keep, to show the extra work that was done by you on
-5-
tbs queens General Hospital. A. I give in tbs amount of labor it took to perform tie osrtain items.
q. mere Ho you get tbs oertain items and where do you get tbs amount of labor7 A. 1 mads a special nota tion.
q. you mean at tbs time tbs work was dons you mads a special notation? A. Yes.
q. By tbe special notation you mean what men were engaged in doing extra work? A* Sot what men. So many men were working on this item.
q. And is that tbe only record you bate to show wbat men did this extra work? That is tbe only reoord to show bow long it took? A. That is tbe only reoord I bav i.
q. Do your daily sheets or weekly sheets indioate on them whether the men working the job during that day or during that week were working on extra work? A. So, the dally sheet did not indicate anything, nor the weekly sheet.
q. Would there be any book in your possession indicating what charge is to be made on the queens General Hospital for extra work? A. There would.
q. Do you now Bay that there is such a hook* A. There should be some records in our office indicating tbe time it took to perform this extra work. Tbsfe is nor basis of tbe claim.
q. Will you look through your records and see ifyou can find such book and pr oduoe it at the next bearing? A. I will try to find it.
q . Have you any idea at the present time how much yotr claim against John Kennedy & Company, Inc. is for these extras? A. So.
q. Whatever the amount of the claim is will ap
pear from these data andreoords that you speak of? A. it
will appear from the footage, the value,and I don't believe it will appear from the time whatsoever, because time is' not considered in Court on extras.
q. Tour olalm then from the City, is for the fair and reasonable value? A. That is going to be our olaia. If they are ashing for tins we will bavs to produos it.
q. At any rate, you are prepared to testify with reepeot to these extras, both as to the fair and reasonable value of the extra work you did, and ae to the time that it took, is that right? A. X am prepared to testify as to any indications that I can Show from the reosrds, or from reoolleotione or whatever it was.
q. Do your records, as you remember it, indicate how many men and during what period of time they wore employ? d by you in the doing of theeo extra iteme? A. i believe it will show. There must be some record.
q. Do you pay these men in aooordanee with eons specified daily wage? A. Tee. I q. Was tide a union job? A. Tee.
I q. Did you pay to the so men the union goals of wages prevailing during the time of this contraot, plaintiff! s Sxhibit 1. A. Tee, sir.
q. in addition to the claim for extra labor for I this extra work, are you also claiming against John Kennedy h ] Company for extra material in connection with this extra worl:?
A. Tee. q. Have you any entries in any of your books to
show what extra materials you purchased for this extra work? A. l don't know. They may be cash purchases. There was certain chemiosis that we had to use - flake white, and Japa] i osiers.
DUP050061451
q. At any rate, whatever extra materials yon used., you bought for cash or there are bills to shoe* Do you mind hating the items of cash that you expended and the bills to shoe the talus of the materials used for this work? A. I do not promise it. Z will take it up with our aooountant to see if it oan be worked out. J&yiutentions were to add Mater ial to labor, as anyone would. And that is how 1 dovetailed my material cost In addition to these extra labors, but wheth er I will be able to pick it out I do not know.
q. You say that the items of materials bears a re lation to the total as blank to blank. A, it all depends on the work.
q. On thie particular job? A. I hate got to study that first.
q. Do you mind at the next hsaxing producing the lap voices what were sent to you by the plaintiff in this action between September 6th, 1932 and January 31st, 1933. A. Yes, my attorney oan prodnoe them.
The further examination of this witness ia adjourned to the 9th day of January, 1934, at the offioe of plaintiff s attorneys, 122 East 42nd Street, Manhattan, Mew York City, at three o'clock.
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DUP050061452
ooatimtau examination of m* rtuuu purauant to the otipuiatloa *4J ooralag void aaouinatloa to the it& 07 t MBMWi IBM* tti>A loirthttf ftdiMfiiiM tttt Mid idmiitiii to January IBta* 1934, hold at tie offfcea of Bamum & test* Boqa*, 188 B. 4&nd strew*, 80* TOOK Sity.
wmv s, far tho
*8-
BMP' BOflOB* BSq.
i.fgy
dofeBdaat
fuller & Boooaea, Xae.
By Hr* Here* 0* fat wore aefe*& loot tiws ae to whether you
have mr mmsmte ae to too A&te o mw yea ooapleted tMs work and you stated that root oouW got It. Bare you got am] i
A# fee, si*. a* .Bid you sefreeh year Mmaryt A. toe. :$ hea m tee work ooapletedt a* Boy 13,1 0, $* you else etated at toe 'loot araataatioa
that ym would look t year reeurde to .find out shot Maeye
you Bow reeeiwed froa Siam Kennedy a oospaay a aooouat of
the payneata 4m you. Mot you looted o ouob reestdwf
A* lOO.
q 8ve you got too reeoed haret a* I Mai 16
in ay memory. $ what io the saoua* of wouey Mot urn hate
rooetwed fr* <rob& Keaaedy a aoapaiiyt A. st tewitoi
$43,370*
% Boa yen state at too preetat tine Men you
malted these tarlotto payaeatat a* So . 4 mvti you my rooorde la your offioo to
etate whoa you rooeited the payaaate and toe onouata of esoa payoeat. a * After havlsg refreshed ay reeoUeotiea
DUP050061453
fees vtm stomas la of offioe I state tn*t tn foxiest*tg
are ttoe
s&iea bare been wide and tbe dates tnsrimfi
3ms a ?ly 13 AUg* 6 Sapt.S
Id Oat* 10 Bv* 8
16 88 Bee, 10
#3000, 8000. 3000, 1000, &00q * 1800* 3000* 1600, 1300, 1000* 6000, 3000.
1933
"38578
81000*
n 34
3000* 3500*
mb* 1 8 15 33
3000. 3600* 3400. 1800*
gar* i
3000.
Gash
600.
Adyeeen en job at
rations time to
geosma
--SZ&u
Total
#43370*00
$ t o u stated at -tee last mating ttoat taste were plated specifications* Have you produced a espy f tee printed speetfieatieaet a, I Hats .set been able to tint a printed eopy at tbs upsoiftcations, aitnougb X bare leaked fas ten carefully*
q * Too stated at tee last bearing tbet yen. received eople* e# plans at tee ties you signed Sxbibit 1* Save yea tee elans site yout a, le Tesy ears tee balky te carry and you are at liberty to loot at tesa at any ties in ay offioe, sad it you Bind it necessary to esasdas as fwrtber in eenneotion site tests* X shell sufeo&t oysslf to such esaalnatlea without further aetiee*
%, Ten furthsr testified at tee last mating teat yen wrote letters of protest to John wwwedy a eoapaajr wits respect to itene at entree eaion yon olalsed m net in the plane and apecifieatiOMM save yen espies of those letters? A, X bate in me office*
<*. till yen me&see those letters at the sent nearing* a* Tee*
DUP050061454
% am #e&a Kennedy * ooapeny my elate egaiiwl yea by xtaeea of failure to coaplot* tins warli or fwr any *m i mast a. a fees mute eartain oleine*
Q* Saw you etnYfeeeaaeaaa betaeea yeareekt sad Jo&o tms4f * company vita seepoet to any oleine against y t A* K&tt*
<4* By oleine X neon any oifoat* teat fa bee aate#t any aswent tf noney test yea olein is 6m ttm Join tenadgr to yea? a . foe*
?be termer eneninettea sf tb# i%iaese> stUi&a Moosmaa. is adjourned to fhnrn* <iay #aa*ary 38th, 3334,
//
DUP050061455
continued examination at Mr. s x l &ia u s bo u s bam, pursuant to toe stipulation adjourning said, examinattm to tote date* to wit, February 14. 1934, held at tae offtoa of Herman & mat* 1as seat 43nd street, Hew Yearn city, at 3 p.m.
ik s s s bt j
IT US. gsRMAJri
h abh y .is*
ssq.,
lot toe Plaintiff
*1139 BOTI0K, 3911. for the Defendant, Sulla* & Moosean, las.
Q. ainoe toe last examination Save you ascer tained whether you have toe specifications for too JObt
A. yea.
|* Thoae specifications are in the office of
you* Attorney? a , yea.
Q. You also Bata toe plana? A* 1 have. q . And those ar also in your office? a* Yea.
%. At toe first examination bald at tOle offioi
you stated that you bare copies of lattera aant by you to
John Kennedy & Company, and letter# received by it alto ref
erease to extras. Hava you now copies of these lettara?
a . Yea, sir. You show me copy of a letter dated April
7tb, 1933, addressed to John Kennedy & Company, Does this
refer to the radiators? A* Tee* By a*?. Herman;, x offer tbia latter in evideirrae as Irbibit A of thie date. q. fbe letter that you shoe me from John &<
& oerapany, of April lltfc, 1933, is in reply to the one of
Exhibit A of this day? A. Tee. By tar. Hermans x offer this letter in evldance*sExhibit B of this date.
/V DUP050061456
"-S
You now show m a letter of April lath,
1933. to that you* reply to the Exhibit B Of this Oat#?
a. Yes.
X otter this letter to iwnfasTxbttlt 0 00 tote Oats.
%. You no* chow me a copy of letter dated
September 6th, 1933, bitten to Jobs Kennedy & Company.
Has this letter to do with tbd painting of the radiate*e and
the dadoes and two leeh stripes? A. Yes.
By Bf. aerBmni I offer this letter to 'eeiisBOO aslahiMt B of this date.
q. X now show yea a lstter written by John
Kennedy & company, dated October 3rd, enclosing a letter of
the architect, Jones & .Kleiet* dated Beptemtoer 30, isaa, and
ask you if you received those? a. Yes.
' ie iig. Heggni t offer thia letter to StTOIoe asTjdiibit Oa and a(l) of this dato.
q. t show yea a lottos of John Kennedy & deepen]
dated October ?th, 1933, and ask you if you received that?
A. Tea, sir.
B aar. Berman* X .offor this letter to ovtoonootolshiblt X of this date.
q. x show you oopy of a letter dated Hereafter
15th* 1933, written and sent to John Kennedy & Company by
Ernest ?. saelman, and ask you if that Is a eorreot Copy of
that letter. A. t assume so. Hr. Beelmaft, who was toon
my Attorney, said that such a letter wee sent*
By tor. Barman; X offer this letter in evidence aoHaftteit F of this date*
q. x show you a letter dated Hevea&er 15th,
1933* addressed to John Kennedy & Company by Tulle* & add ask you if this is a copy of a letter sent to that
A, Yea.
DUP050061457
.0
I offer fair letter la ihibit 0 Of ttil % I (M* you a copy of a lotto* aigosd #0101 Kennedy a fiMwpaajr, and addreeaod to uessra. sulUran v* doaei and 4foba S Kleiet, dated Swres&e* lass, and adk you if you recoiwd tbia oepy ifms Joba Kennedy & Company? A* Too. 8r.nr. Berman? l offer thie latter ia ridsaee aSsabiblt 8 Of tbU date. q Tha lottos* that bate been inferodueed in evidenee ibis day, beginning with Exhibit a and ending with Ixhibit 3, inolustre, refer to all your it*aa for extra* for natch you hate sad* claim? A Too. Q. And those itons are for the laundry aad guxage brie* sails, dados, cement plasts* tad stair balls, etripiag and radiation? A. Too. q * bat did you do vitb roforsaeo to the laundry and garage brick wall*? A* 1 paiatod th*a sith throe seat* of paint. $ Bid you ostiaato tits aurtoor of foot of painting? A Tea* fbat is that ostiaato? A. 14,030 foot. <4. Shat at that time ** the fair and reason** able eharge pa* foot? A. 12$ t% that mates a total for that item of 13,000. A. TOO. <1* What did you do with the dados, oessat plaster and stair balls? A* That sa* paiatsd. q . stat dodyott estimate as tbs awteer of fasti A. 118,440 fOOt. q . Shat at that tiao sae the fair and reason* able charge per foot? A. 8# per foot.
DUP050061458
$ Ihat was the total for that item?
A. $9,473.20.
<c* ishat doss the Item of striping consist off
A. The item of striping consisted of putting m three eoate of striping six feet frost the ground, on such places where
ordered by the architect, including etair belief of all build*
lags.
$* How may feet did that ceaeiet off A. 13*839
.feet*
& #bat was the fair and reasonable value at that tin per foot? A 38*
coats.
How many coats did you put on? a. Three
q* That mates it ths equivalent of how many foot?
A. 00,000.
q. And what is the total for that item?
Q. #16,000.
q. 1 notice that you hate an item of radiation #9*000. What did that consist of? A. That consists of
painting aU radiators throughout all the seven buildings, two coats of specified paint and enamel.
q . This mahes a total claim that you haws asesstftji extras of
against the City for these iteas of/#38,A?S.S0? a . Tes*
4< hid you keep any account of the nun*
engaged in doing this work and the times when they
it? a. X don't know the pusher of cost on it.
Q- What do you mesa by haring the oost on that item, a , % dU say that if { tdd the girl that we have had six sen working m radiators for that day. She would probably put down cost of six sum's labor per day.
DUP050061459
Does n cam* method held tree with xeapeet to the painting of the laundry and garage briek mile* and 'the dados* seannt plaster* atai* ball* and etripiag? a. Yea air
q hut yew have no entry anywhere in your hooka
showing the wwfeor of non engaged and when they mere engaged
in doing these partteuiar Item of extra wot*? au i hate
shown then that was done ewry day* hat x don't knee if we
have a naafirandan showing the aaount of next* X do| t ksm*
q. Be any of your books show eeperaItaly the >
suahew of nan and the dates mien thay wot feed on these item*
of extras? a * fee sir. q* that would a book of that kind be sailed?
A. A ledger, $, bo yen naan by that a loose leaf ledger?
A* Yea*
q* 3o the mwtoer of sheets aoiapoaing the leeee
leaf ledger would shew accurately the rninher of men and the
tinea whan they worked m these separate item? A* they night not shoe the amber of urn* hat they would show the
aaeunt paid for these various extra item fren tine to tine
q Phion .wages? a* the rate ef payaent woe at the Onion rate eoale of 111* 30 for non oosdng from the Brooklyn Onion* and *10 for nen eee&hg Cron qaeern*
q, By when are them ledger entries node* A* By me accountant and bookkeeper.
q .And where does the accountant get the data to ontor Into these ledgers? a * the aeoeetttant gets it ftou m end x get it free the ldh
it
%# tift "Kao Jdb Oo you keep a ti*e book? u tint
too job X kept a tisne took.
ft* Is it bet your psaetioe to have what is called
a daily Use sheet? A* 3hat* sight*'
$ la that dally time sheet emeu taa writes his
ova Base os that Oats showing the maker of beams he worked
oa that lay* !i that Has sheet transferred lata a tias bent r
j u that daily sheet is sent to the office*
$. so* Old yea make yooar entities into the ttao
bgofc* A* 1 bed ao Hat book*
<** % that you mean you kept ao time book til
tbs job? a * so* x kept Ham- bat set la a book*
* Bid anyone exes keep time on the Jdb?
A* SO.
4* Shat do yea aeaa that you didn't have a tiae
book but yea kept the Has anyway* A* X would say. fop
Hie gnri tials date. eo assy sen* >,Bl at the sod of the
day X would say-so nasty sea worked, sad give her the
moneys#
q rrwa this infemaatiem you guvs to tbo gim*.
ohe safe out tbo payroll each weak? A* Sight*
q. That is the only information she got for He
payment AX was the only oae who gave-hem the iafcmmtiea
as to that Job er as to aay otbr question*
<4, And the wsy you arrived at Hie information
is by aotiBg tbs aunbor of neb each day. and putting it in
s o m form and you notified the gi*l .sash day? A* Yea*
<4* Save you still got that book? A. x may
still haws ths daily tiae sheets that X prepared* tat t am
aot sums*
<i* Have you. still toe weekly tin* sheets tat
ee elgaed try toe an toeasalvea. a , mtaps* X feats In
look it Bp*
q* Have yen tee maws of toe an from toe feegl&atlg
of toe job to toe m tost worn working oa mis eeataraet*
a* toe mmo mu appeaf m iam weekly tint afesete*
q* X toe natter of tfee extras that yen Old fat
BuPeat, did yen toere imp separate books s&ewlng toe mofeer
of sea* a , | nave kept 1am mmym expanded tally fee t&at
work*
Q. ffesse did yen got toe amber at man tfeat w**e
-
it
waking on toes# Buyout item daily* A* X kept/tot .mm
my a me feet ef t&e reeefds*
<4* la respeet to tome item ef extra* fee onye&t
'did yen keep me name ef me men nod to* aMMr ef nan dally. la a separate reeerdt a* Be maws, only tfee amber ef sen.
q, Bate yen any reeotd la yarn offlea Sfeoelag me
madier of atm and toe dates that
marked n a*
Item of extras wbiee yon are claiming against tbe DuPont
Oeapasy from me time men me fleet meddle started natil tfei
end* A* ?#* X base*
q And would yon keep mat reoetd yourself?
a* Srery reoetd 1 kept myself*
Q And .did son keep It from day to day? a * Svsry
day*
<S* And yon etlU have mat resend? a* fee sir*
DUP050061462
Bid fm *#oaiv* asy port of is m $56,473,a$ an aooouat of ttoa aalsraa wtteto you claim against Joka Seanady ft oaapaayt ft* no*
q . Bid you xeaol-vo any aoouat absnra tbe 143*370. tkt you say you received from Jobu Kennedy ft Oftapa&ff ft* is Ur
0* soss John senasdy ft eaapaay adait esiag yea any part of tbe $36,478,20* ft* 8ft.
0* fteeerdlag to year reoarde year aontrett paries was f4itftC. ft* fas. .
$ ftaft t&e aaouat you iSMiwt $45,370. a . tea, Q* Sba difference owing you from Joba Kaaasfty A> Oeopasy, ot>5sifts of tbe e*t*as, is $6730. ft* Tw, that*a
.%*. is tue re any slain safts toy Joka Kennedy ft aoapaiiy against W to offsot this $5,730.? ft* Sons of it.
Q* wtoat olaias doss bo aake? ft* He elaiae aa iton of $1308* fay cleaning all tanks* windows sad itsn sta# its claim $150* fear damage# aeeultiag to larble In vasioat buildings* at olaias $80. to oaks fatty kavafta, and ka sine claims $$* fee toaagiag aee*e m leekeva* m eimm $184. foe cleaning ttfefelak on tb* 3e*i $41,81 per month interest m a deposit of lasts, a&fte to bend tN setaie*s lien mad toy Bu?at company feoa July stk, 1930$ and alia $899* for lags! expenses la eoaneetioa witk tea bonding of this Hang #59* foe two broken deces on tbe aixtd floor of Build* lag Bt $31$* fee uaa of elevate* apaeate* sad power in el* vote* atoafts ia Building# ft sad 8; $58, fa* aaft of elemte* ia Building sg $4000., toeing at tb# rate of $400, pa* day.
if
I'ttp booting tbo
the xo xittt porfey^ufto
of tbo <*k tereugbt about aa & xosult of the ooattroverer'
botwm Buponi aw& Tu&? a wooomatu
Sitb toapoet to tbio loot lt of boating, X
uodrstaaa from Soaao&y & Ooa^aay,
it urould bo tilling
to salTO it la oaa* of & wttlomoat with Buf'eat*
Tb)K?o to a oiais fob a oattain Mapy of equaxo
Toot of paiatoo ourfeceohioh will bato to bo **aao wb
januayy S*ft, .iH *oaAy woto a lotto? to min A keoama*
fixing tbs amount of the square toot a* 16,606* Subsequent!]
sor* Koaawly called mo oa the telephone ana stated that bo tf*
eeived a lotto? ov settee fsoa tha srohiteet that the amount
of square foot la wror 36,000*
ftba? adjourned. to
s s a r s as:-
at offloe of . Mi**aV3l.
DUP050061464
continued examination of sr. iu,UH mm**, purauant to the stipulation adjourning eald exaalBation to tills dots, to wit, raarmry arisa. 1334, hold ft* tha Offloo of Hornaa t eras*, 132 iaatiaad street* sew *k oity, at a 3.x,
Btsmi
Barry 8. h o t nan, Seq. for the Plaintiff
Bossy Hoviok, eq. for the Defendant, tdUet & Xooanaa, ins.
B? MR. HSRItASl
q. Mr, xeoaaaa, 1 anew yon fifty~four loveless
which you* oeunael Banda m and oak you whether yon
thaae ftm the plaintifft 4. They wars reeeiwed in the offi oa.
Br iar. HWaant X offenr iIn evidence 84 iInvolooa be^nJSsMfc oaoatdNir 6, 1888 and ending with January 31st, 1039, as plaintiff Bant*** 1 aa Of fottnary 27th, 1094. q* Saa the aerehan&lse shewn m this Bxfciteit #1
of this date, delivered to toe Joh? 4. fas sir.
q was all of tbia merchandise delivered to the
job pursuant to your order! A. Sot pursuant to ny order,
q* ae it pursuant to the .order of anyone in your
office! a , X oaOdn*t aay. q. will yen look through these invoices and atato
union ease not pursuant to year ardor, A 3
with September eth, 1939 and extending to feat not inclusive
oscaaber 30th, 1939 aare ordered by m effKw
authority, exeept eartain saaplea.as follows:
Xatredao septanfeer 6, 1998
Xnvolee Septertoer 13, 1938
Invoice of aeptenfear 89, 1938
Invoice of October 13, 1938
Invoice of Sovember 18, 1938
invoice of saoaobar 2039Ir&d,I 1AO93C8
Xnvolee(fohfeseeenetmirbeermSsv9os*lhc,*-r
Xnvolee of
29th, 1938
.60
*68 3*87 1.03 8.41 6.38
q, with sospaet to invoice datad
oth,
1032, to and inoluelva of January 31at, 1933
the
DUP050061465
ohartdieo sailed fet by *im* invoices ordered by you or by year offto# with your authority**,**, itb *b# following ox*
eeptienri
invoiew of Jemmy 30, 1933 invoiee of January $3, 1933 Xavolee of Jammy 29, 1933 Invoice of January 30, 1933
981*88
StS 300*09
<4* You state then, that the lavoiees of
30, 1833 for 8189*83 was not ordered! a . So *
<1* s&o the invoice of January 4fb, 1933 for 8983* ordered! A* So, air.
Q. ms th* invoios of January 99b for 8184*80
ordered! a* So, six* Q. Was tbs invoice of January 10th for |439
ordered! A* So, 8iT#
4. Was the invoice of January 10tb for 8?18*3Q
ordered! A. so*
d* was tho iavoiee of January iltb for 8800* order i i
A* SO*
<*, mo the iavoiee of January 13tb for |8*si
ordered! a* so*
Q. With reapeot to tboos invoices mat you be**
lost testified had no* boon ordered by you or by your author* ity, AMyouhnoar that the merehandiee waareoelvad? A*Too.:
air* i* bid you aak any of the Otfeat repzeaentatlvea
to send it to you? a * s o , sir. q . tree thie Borehandlse that you aay ac not
ordered, used upon too building? a . sono, not all. <* what part of the marehandise mat yea bar*
loot testified as aot having bom ordered by yen bn* as bar*
tag boon received, was in fast not used in tbs building,
a , 8 barrels, 31 gallons eaoh, light ivory; throe borzois
of white.
-.-v
DUP050061466
'"'S
fbe feartiwar esasdoatteo sf this wltases Is sAJssyaN. to tbs aatb 4y at JaWweary. 1$$4 , ' at tbs offloe of plaiotiff * 133 Hast 4884 fltffst. itentettoa, H* fork City, at St so o*oloefc*
** + *
#j i&ftifiAtititi of $* fflTlltw w^tfrtrffi|fc m8attito tb* stipulation oavBirtg iaU' ex&ais&tioa te to* sMb 4&y of nkrauy*U34, Holt % tbs efflet at Bsraw ft sewn* seas,* las Seat 42ni Otseet* 8e fork Oity, at St3aj%*
fit m* tsmit q* Oaa yea till faro wbiob sbtpes&t tbe* fearrsls
obiOb you *efiare4 to in tbs lost sssatastien -ssa** A. So,
om&ota
I % fa* awrobawiios salon yw osostaroA* itttav
Alarsotly sv tbroagb you* offlee itn few Authority* a tbai ItttmtOiA far i*. at th* qmm 0*woal Hospital* a. ft was.
Q. Sava you looks* us year rsssrAs to find oat
bos saok you psia to tbs plaintiff te Ibis action frost lbftb
eta, 1953 to Smmy Slot* 195SY A, too*
?3#futs etoto wtost mb it s you paid twtwMSt
fbeas fates* A* fa oafs th# fellorSag peyoentet
On May I9tb. 1953 Ott soptoabav Istn* 1933 Oa sevss&er Iftfe, 1933 m SOOOMttt? iota*'
1309.40 276.70 398.30 030,00
q . 914 yen bstssam. Moareit eta* 1988 saft 4m* 38tb#
1983* rswiw any fust**? aSMbaafties free tbs yMilUft
floes ef toe
objected te a# tot uttbia titt ' `' Aloes a6 net oitkttt tfc ee
Of (aKBlttAtlOB*
3.0*4 yea on wren otto* 1323 rsoeive ssrobaadiss
/">
f im mtm of i<$33X.
t* J4 ym m * mm ay vmteim at toe qpeett*
tosasaX
mmsmasm f toe mam ms $3.xs.
0# ait. you oa itamu Wtfc, xmmim mmteMlm at \
toe s^me ae**i seeps,tel of the value of iiS8*4$ Il.M..Jet*aM.. Baae etjeeteoii.
4* MS you oa mmfo Mth, eeeeiee mesobaaOiee at tm t&rnm oeaaaral seapitel of too milm of &132so*
l&JBhJBHW ob|ott.
$ Bin you os April auttd melee wetoOanfiie* at too Qaeese aeaeval aeapitel of tee value t $31*00*
tOfaJMttllg aa objaottou.
> ;i
DUP050061468
<j Maym m &pni a?ia aroeoive mwmwm.m * tm Tessas Qoseseal hospital of t& value of 53*
IMIo JMW 8 fe*eettB. % Ma you m Apart* 28tb *oivs sogobaadloe et v m %aeee aonot* soepito* of tse mis* of $ifi8Q
Saa otojeottoa,
q* sta jross o p ftste soit seootve tmtmxAim at 'the ^oaoe Seaosal Hospital of tee value of ft#*
BUfaJfalW 8aa objection.
%* 9l& yea on foae 34b wmim mmteaMm & t&e qm&n& ionoKOl Hospital of tne value of t#49.
Ui4 yea a 3m& 8?*fc arooeive tmvmxMa* *t tm cpseas omm&l Hospital of tilso mtua of 1S8,.80
teJtoJtoattato mm objection.
$t. sia yea oa fuse STto toeelva awwimaaleo a* too ipeeae Mawrel Hospital of too value of $4*34*
ajBfcJttaflaX* mm <*joetiMt-
DUP050061469
o
% aid you an *W astfe# jrooolw aeyoto&Misa at %m wn OoasEia Hospital of to# mim of S1&.12.
tern., soyielu so# <fe,jeal<su
q* ld ya <aa j*iy 8t& sooaivo eotoiuaalioft at fftfr. BAapfitol t&O VaXu Of f|#% QQt
H-M...KBUdB <sm 0|WB.
ft* 44 fa MamiW' teoolooa for sovo&saoiao * ostos tis e&toa just giamf
x* Sid fm feawo @m amvmmtXm oita my watomt of tea plaiatlff otrpofcattaa alto *e?aot to tae ptare&aae aau ale of t&* mtwrial oofttionott la t&o pUlatlff * Si&ifeit X Of wtartsEry sm# 18841 4# T.
* rtta eton? 4* im Mr. mrrn ot m*
q * two* 41& fou &as ttet mmim*Xmt &* too soar* ia Seasa&wr, ISA aa& me is 4*aa*jr* 1938#
ft. flat oozneteatioa fotatsdi to t&# parob&oe OfidSalO Of tfeo mf>y>MUd< fl# ju He*
ft. 916 yett ham aay oosaMPfoMoa xaiatlag to & patafcaoo s*i eat of ta paints. 4* Sot at that tis*.
ft* iM oto tm mm osoh oe&twoatioa? a, At
DUP050061470
& latte date in sy oftios* Q* test is' tee date* A* 1 den*! tSttSttfeSK#
/
q * Site teea ss lit A. m* tefftoo asl S* teg&te again*
$ teat me said? ttatm ereeaft teat asmew*? la vies of
pteagespfe tfelte til defeaiiit*s aatete*
$ ms mrmm eatii site eeepeet t* tee pne# la to wgi&t a* fee*
& See aairthifii? at amt Mas feafose eeottefete Ste IM said site veepeot to tee psieee to fee e&sarged for tease salats? a* fee*
c> t&ea me teat? a* it We ell la tee sae
ease mate? a. safore 2 feeatet tee
3* Wfcioa MU tee teat? & sms tine la <laa* mtft im.
<4* teat wte tela? & ftey told as teat If $ ter teei* .palate i fea? it eaeapear teaa aqr etet* eeaeesm la tee any of let fort* ate alee I weald iee m teetele at ell site teste eattelal# to use m teat |te#
% fiee any psrtess aimmeete? a* So * % were tee parleee teaatt la Plaintiff** fetelblt 1 a? fterwrf a?te, ite4#eAe8a#s4. a* get tees* act* <2* seta aid teey speafe to yea about taorn yeietjet a , .testes latte la tee offlee of sweat* %* By goatee latte yea asem teas? 1* X siH
>7
DUP050061471
mm to 3&&wh m moli*ohi*a l order to &m ym m Itorn* % mo it seethe late* tuae movants tint
4 tm mot omm l mo git* if yea weald lot m took t&U th* fi** page# m ym look yourswlf. It *as ia March 1*33 l **o m*
mat wm wM ia wmymt to peieoa? .* m* momt toi* m,rn mo the oaa that did soot of the talMOf* tet I aftU give fm Sfc# fc*#t of prices that 1 hat* off**** to wyam* l tmm yt gam aayeae aim a gooc. * price m l w giriag yea.
' q* Xo to*t ail that oao raid? A. mat** U( q, that is ia roapeot to price? a. mat** all. $. ssae aaythlag alee aatd with roepeot to the
wflpohaitfioff that tho defesgaet wee to delAter?
sj. mo naytMfig said a* to ho* payaeat# mm to he antet a . tea*
4* ih*tt was that? A. x. isn't reash. Xt mo at a late* gate that they ta&t& afcaat ioyweah.
q . aos* aaaah later cat a * I don't fce*r* % shat said with reoyeot to pameet* By sa? Mwlofet m$m%o& to.
DUP050061472
fgg tf&WIQW Of
of pnywfufp iq
riti&i m ma ft m%JU A* It me oral* % 9 as f*ete *e* my diBeaswtea mtmm ym m'
say mmm of tae plaiaiiff ccarpwf&isio& aa to the prices to
fee tm the warteaa item stem la plaiatiff *a Ksblbii I of Fd&*aa#y sftfc* ISSd. a. I fid at tb& iaw
q* tait %im to ym tefet tot a# store* is*
q* ttt me eafd at ttaat tiwe e&e&t peloea* A* It m mid eyefytdiBg tt*t as is tee Mile.** mm thejr
tfOoM OteffgO 5 $ fte jwieea tfcat ete diomssed# an tfcaae sasite#
aim Hi Fleijs*if#*e
1 off FdJm#F am* im
a * fee*
a* am ms* ef tdie lass. @5 *ewa in Fletetfff**
gsMteit 1 8* Pttotmxy 2Tfcb 1did yed pay* A* 1 d&*t
tom, $ tee payeeat of $@@0 t&at ym safe m BeeedN
lot*, 1933. mu mto m mat aaceust? &. 3a Ha* eatise &<*
oea&t* $t % i&e eatttre aoeea&t ym aeaa m aoooaat in
addition to ease dated ttm atsphm&m 8tfc* 1883 to Jatsoar?
31et, 1933?
l efcjest to mu question.
q . fao payaat that ym atie m Sweatee isth, of 388*209 m atet account dia ym .pay mat? a* 3mt m am count of mtmiale* taat*a all*
v
DUP050061473
r^S
%* Was its on account of material from September 6th, 1933 to January 3lst, 1833, a , X oouida*tt say, x knar It ms pal& on account of that j ob*
q> The payment that you. ode on September 15th, ms that made on account of merohaodlae shown between tbs dates of September th, 1933 and January 31st, 1933* A, jt ms all on account of that jOb.
Q. the payment that you made on Kay XBth of $208,40 on account of what was that made* A. Also on account of that job.
q, X show yon this statement and ash yon mother y^u received the original of it. a* X couldn't tell you.
By Mr. Hermans X offer this statement for identic xioation as Bxhiblt 1 as of this date* Q, Was the payment of $7688. S3 demanded of yon by the plaintiff? a. Ho * $, Has the Mechanic*s Lien mentioned and described in tie complaint been paid, waived, cancelled or dlsoharged? A. X don't know*
Sworn to before me this day of Maroh,1934.
DUP050061474
tmsimUm f Hr* WUUaa es&4aatl<Ki tf the I4tfc day f i3ofc, '1934, **14 at the office of Henna A firttet, Seqa*, 138 Saet 43aft street, Saw fort* eity, at St3C P.K*
fuller * Hoosman/lno.
*7 M8 flBHMHt
3* at the laet examination a ye&raary 38tb,
1934, yea were asked oertaia questions to which yom Attorney
objected. Are you new prepared to answer these questions?
A* fas*
Q* *14 yea between Karen 8th# 1333 end July
atfc, 1934, receive any further inrohsaaiee *ren the plaintiffr
A.Setweea Ha*oh 8th, 1998 e4 July 8th# 1994, l 414 rsaeivo
nmrofcandise ffcea tits plaintiff,
%, 014 you reeeive invoices for title aerobe*.
dice? a * fee* $* Bate you got those invoices heret
a . fee*
q * four counsel hands we thisteas invoices
overlag the dates above referred to* X ask you whether
these are the invoices whieh y<m reoeived? a* fee.
A. as
t 1 offer these invoices in evt* atiff* exhibit 1 ee sf this date,
tbout pencil notations*
<* was the swchanilta# shews In this exhibit
1 of this date, actually received at the Queens General e*e
pital. a * t, not all of it.
-SI*
DUP050061475
Q* Saa you state vhieb was set reaeirsd at tto taMf&tftl* A* Tbs following wart not veeeived at tbe jets
Q* for tba purposes nr identification, mull ym gay taat i&# dates sfl tbe osioustfl of t&e Istvoieee ft plaintiff** WalStt 1 of tbit date, sbatbs* reeeivad at tut job or sot raoaltad at tb job* ware-., tbs followisgt
A, &
(fo Sea tba MKrebandiee wsattlened Is thla
Mata**** * MOatt 1 of this date, Intended ter Jp Qta* General Hospital* a . sat aU*
%# fblas was intended for tee S>uena General Hospital. a . All waa intended for a qaatatt Oaaeral Hospi tal, esoept all tbe wfcite l*d, and a great deal f tU* pasta miw, and all stuaplss ware sat Astead*d far the purpose. Alee ease at the ttsttag oclears, raw sienna, and burst u&e*
were sat intended far tee purpose.
DUP050061476
4* M*y f theae thirteen iavoioea, of title S^mxeaialwi^beplvt.f OawfntFewnw* wmhaiwo*i*l SXO qanypl*#, A. Ban* of It laawwowniw w*w .no** iw*" <wipafa aa^!aa
q * fou were aelsed at the last examination
what oanvareation you bad. with tor* eurtoo and er* Snyder
Iwith mtwwm to tN purehaae of the material for too ' queens Senefal Boepltal* sad. stated yea dldn** remember the date .of those ooarersatlow*. a'an you now state when that'
met 1* I eaaaot*
o* old mat convex&*!< relate to the
pwrohase by yea of the material for tide 5*>t a* So*
I q* When did you first .bate a oorrsatioa aim three too asn or either of them with referonee to the purchase by yea of material for that JtiiT A* seme tin* before naret ath, isss.
q* when os* it before Karen Stht A, X doa*t
remember*
q. Bow Sees before ttureh amt A* About tea
or fifteen days. q* wmt me the aowrexsatieat a* x was told
Ithat prise# X would -bat* to pay and what material* X have sot to use, and they agreed to ship it to as* q* were the price# that yea had to pay
did they oevrospOBd with tba priooe shown in Srhihit 1 of thti data* A* Bight* exoopt the load*
q. what was said shout the lead* a* There was nothing said about the lead* Whia X porehaeod the load
it m* market pries*
*33*
q. M do you soaft by that - maSfcet ptiosf
A* l*ad toft a uakt* Today la is m *d tomxmm it is
dona*
Q. is tbs ofcasgs foe tbs load tu tbs la .
soloes tegsvssd to# th# aattort partoo? A. It ms at that
at**#
q* Was anything; said with sospost to Scar
payraats mao to bo sad*? a . h o .
q At 00 tlnst A* St oao at a lata* data.
q that ms said at a latw data with st
apes* to payoaata. A# That I should pay than ths aeaty as
X sot It. X ahooidait hold that bast tot Isas*
q. las that oral os ia mltlitgf A* owl#
q* And did you pay that so you got iff
a X paid *hm ahasd of ttos vp anil mat u n x steppad
payiag.
3d*-
DUP050061478