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126 C. Cls.

Findings of Fact

dition we need a permit from the Foreign Exchange Department at Karlsbad. We are inclosing two forms for the application to be sent to the SubPrefect. These forms must be filled out in duplicate.

In addition we need for transports into foreign countries, the customary list of all the objects to be sent abroad. We ourselves will take care of obtaining the official permission from the competent authorities. We need only a draft of the list of the household goods because we must make several copies of it. Please send us this list or empower us to make this list at the place where the household goods are stored (on the premises belonging to the United Chemical and Metallurgical Works).

We would take over the completed and signed application forms for the SubPrefect and would submit them at Aussig.

Concerning the transport of the household goods, it is not entirely clear to us what portion should be sent to Zurich and what objects are to be sent to the United States. Should we also prepare the latter transportation?

We anticipate your answer and will be glad to give you any further information.

8. On February 12, 1939, the plaintiff made the following reply to the letter of Radler and Assmann of January 26, 1939:

In answer to your letter of January 26, 1939, which I can answer only today because I was absent from Zurich, I wish to make the following statements:

1. Transport to Zurich is no longer being considered because we are immigrating to the U. S. A. in March.

2. The household goods to be sent are considerably reduced because already in the summer of 1938 (before decisive events took place) a considerable portion of the furniture was given away.

The dining room furniture and a chest from the hallway were given to Mr. R. C. Jeffcott of Calco Chemical Company, Bound Brook, New Jersey. One room belongs to my son, Albert Henry Mayer, 421 Church Street, Bound Brook, New Jersey. My son moved from Aussig in July 1937. I assume that this room was kept separately by Mr. Seifert. However, I do not have any exact information about it. All the other objects are my property. Because I do not know which objects were moved from my home to the United Chemical and Metallurgical


Findings of Fact

Works, I am asking you to make an inventory of all the objects there and I expressly empower you to do this. Mr. or Mrs. Seifert can give you exact information concerning the furniture for Mr. Jeffcott and concerning the furniture for my son.

The transportation will be simplified by the fact that all the household goods should be moved to the U. S. A.

However, it is not clear to me what the application to be sent to the SubPrefect in order to get a moving permit should contain. I assume that three permits must be had: (a) for Mr. Jeffcott, (b) for me, (c) for my son who has lived in the U. S. A. since October 1937.

It is known to you that we ourselves have been living at Zollikon, Switzerland, since December 30, 1935, and we had left in the house at Elbeblick 15 for the use of my son and my daughter all the household goods which were not sent to Zollikon. (This moving was handled by your firm.) My daughter got the house from the United Chemical and Metallurgical Works.

I am inclosing confirmation of our residence in Switzerland executed by the office of the Town Council of Zollikon. I have here also in my files a photostatic copy of the acknowledged notification of departure from Aussig. The original thereof is with Mr. Lauginiger in the files of the United Chemical and Metallurgical Works.

I am inclosing the questionnaires you sent me, but I have filled them out only insofar as it was possible.

May I ask you to take every measure and to answer at once the questions raised in this letter.

Presumably I will be in Prague at the end of this or the beginning of the next month; this would enable us to have an oral discussion there. However, it would be desirable if until my arrival at Prague all the open questions mentioned in this letter were cleared up.

May I ask you to give me the result of the inventory of the household goods and the inventory of the cases. Thanking you for your effort.

9. The plaintiff and a representative of Radler and Assmann were unable, because of prevailing conditions, to meet in Prague at the time indicated in the last paragraph of the letter of February 12, 1939. On March 6, 1939, Radler and Assmann wrote the plaintiff as follows:

It is unfortunately not possible for us to see you at Prague after having been informed today that we cannot pass the frontier with our existing Czechoslovakian

126 C. Cls.

Findings of Fact

passports. Our new passports will be issued in a few more days.

Therefore in the meantime we are writing to you and giving you the information which we received from Mr. and Mrs. Seifert.

The entire household goods to be moved are stored in the house at 27 Ohnsorgstrasse, as per the attached list.

Mr. Wanke of the Chemical Works, Aussig, will inform us tomorrow about the cuff links.

As we mentioned to you on the phone today, we shall send the list of the household goods to be exported to the Exchange Control at Karlsbad, and we hope that then the transport will meet with no further difficulties.

We would like you to know that our packer is experienced in packing lift vans, and accordingly the space will be utilized entirely. Because there are already 21 cases with porcelains, etc., for the transport, we will need more than one lift van.

We are writing you by special delivery mail and we would appreciate it if you would call us on the phone again tomorrow.

The list of household goods referred to in that letter showed the following articles:

Moving List (Household Goods) of Dr. Max Mayer:
Living Room:

2 brown velvet wing chairs, 2 round brown chairs.
Large bookcase with 1,000 books, including Ullstein.
Art History, Propylaen World History, Goethe 42 vols.
Complete works of Nietzsche, Schiller, Scheffel, and
many others.

Writing desk with accessories.

1 Bronze chandelier, 2 Bronze vases, 1 Bronze tiger, 1 Bronze figure from piano.


Sofa, 5 easy chairs, 1 red velvet upholstered stool, 1 smoking table, 3 tables with ground glass tops.

1 crystal chandelier from Dining Room.

Daughter's Room:

Copper bowl, tin candlestick, writing portfolio, all pictures, colored draperies, candlesticks, ornaments, 1 wicker arm chair.

Master Bedroom:

Linen cabinet.

1 large trunk with dresses, furs, scale, bedside chair.


Findings of Fact


Cut crystal glass service for 20 people, consisting of 7 different pieces for each person.

28 glasses, 9 yellow liquor glasses.

12 crystal mocha cups, 9 porcelain mocha cups.

Silver-rim porcelain Coffee Service.

20 vases, 1 large crystal goblet, 1 yellow wine decanter, 1 bas-relief glass.

2 water jugs, 16 crystal dessert plates, 2 crystal platters.

Porcelain: White-silver rim.

Service for 12 persons, consisting of 5 pieces per person. 10 serving pieces.

Also Coffee Service for 12 people, complete with sugar, creamer and serving pieces.

Porcelain: Blue-white.

18 meat, 3 soup plates; 18 serving pieces, 2 sauce boats.
Silver Table Service, Wurttemberg Metal Factory, for
12 persons, consisting of 7 pieces for each person.
3 silver baskets, 1 tin bowl, 7 salt cellars.

2 silver platters.

All kinds of kitchen pots and kitchen utensils.

1 Sewing table.

1 small white table/Dressing Room.

1 Sewing Machine.

12 Persian throw rugs.

2 Persian Carpets.

36 pictures-Oil paintings.

Etchings, Engravings/photographs, family portraits and 21 cases (two of them belonging to Mayer, Jr.No. 10 and 11).

Moving List of Mr. Albert Henry Mayer:

Room consisting of furniture with gray ground surface,

1 couch with cushions, 1 wing chair, 1 arm chair, 1 chair, 1 writing desk, 1 bookcase with about 150 books.

Dining Room for Pres. Jeffcott:

1 round table with leaves.

6 chairs.

2 wing chairs.

1 chest.

1 serving table.


Mr. Albert Henry Mayer, referred to in the above list, was the son of the plaintiff, and Mr. Jeffcott, likewise referred to in the list, was a friend of the plaintiff and the president of the company by whom the son was employed.


126 C. Cls.

Findings of Fact

The plaintiff had decided to make a present of the dining room suite, referred to in that list, to Mr. Jeffcott. The 21 cases referred to in the letter accompanying the list had been packed by the employees of United Chemical. The contents of these cases are described in the letter of Mrs. Seifert dated January 25, 1939, and heretofore referred to.

10. None of the plaintiff's furnishings, referred to in the list of Radler and Assmann set out in the preceding finding, or the 21 cases referred to in the letter from Mrs. Seifert were ever shipped from Aussig to Switzerland or the United States. The plaintiff never saw any of these items after he left Aussig on September 8, 1938, nor was any witness produced who saw them after that time. In 1943, they were taken by the German Gestapo from the warehouse of Radler and Assmann where they were stored and sold at auction.

On January 9, 1946, the plaintiff made the following inquiry of Radler and Assmann with respect to his furniture:

The last time I heard from you was in the summer of 1939 and you wrote me that there were difficulties to send the furniture abroad because the tax authorities had not yet given a permit to do so.

At this time I haven't heard anything from you and, therefore, I would be glad to have your news as to what happened to the furniture.

On January 26, 1946, Radler and Assmann made the following response to the foregoing letter from the plaintiff:

In answer to your letter of January 9, 1946, we inform you that upon order of the Gestapo we have delivered to the former custom house at Aussig on April 8, 1943, the stored objects mentioned in your letter. Therefore, there is nothing left in our storehouse. We are sorry not to be able to give you better news.

11. In 1942, the plaintiff with the assistance of his wife made a list of the furniture and furnishings which they had left in the small house in Aussig in 1938. They had before them at the time the inventory list as prepared by Radler and Assmann and set out in finding 9, which, together with their memory of the items, enabled them to prepare a reasonably accurate inventory of the articles left in the small house in Aussig. Their inventory differs in only minor re

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