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Findings of Fact

spects from the Radler and Assmann inventory. It represents substantially their furniture and furnishings which were in the smaller house at the time plaintiff left Aussig in September 1938.

12. The items in the inventory referred to in the preceding finding had come into the possession of the plaintiff in a variety of ways, including purchase, wedding presents at the time of the plaintiff's marriage in 1911, and inheritance. In some instances, as in the case of bookcases, the plaintiff had them made. Dates of purchase included 1911, 1917, 1930, and 1936 and intervening years. In addition to the wedding presents, other articles had come to the plaintiff as gifts at other periods since that time. The principal evidence offered with respect to value was the plaintiff's recollection of their cost when acquired or manufactured and what would reasonably have been the cost at the time the articles came into the plaintiff's possession through gift or otherwise; with the further evidence that because of their character, the manner in which they were cared for and the general rise in labor and material costs up to November and December 1941, their value in November and December 1941, was at least equal to their cost or value at the time of acquisition. The plaintiff, however, last saw these items of furniture and furnishings on September 8, 1938, when he was in Aussig the last time and no witness was produced who saw them after that time. As heretofore shown, after the plaintiff left, the items were first moved to a factory of United Chemical, then to an apartment of United Chemical, a little later (about January 1939) stored in the warehouse of Radler and Assmann, and in 1943 sold at public auction by the German Gestapo. This and such other evidence of value as was produced is insufficient to fix the value of the plaintiff's furniture and furnishings in November and December 1941.

13. On October 17, 1936, the plaintiff purchased 4% Hungarian gold bonds of a face value of 50,000 guilders at a cost of 57,174 Czechoslovakian crowns and 60 Czechoslovakian hellers; and on October 19, 1936, he purchased additional bonds of the same nature and the same face value (50,000 guilders) at a cost of 57,676 Czechoslovakian crowns and 15 Czechoslovakian hellers. These purchases were made

Findings of Fact

126 C. Cls.

for cash through the Bohemian Union Bank at Aussig, Czechoslovakia, which bank issued its advice of purchase when the transactions were completed. On June 14, 1937, the plaintiff purchased shares of I. G. Farben stock of a par value of 2,000 reichsmarks at a cost of 15,403 Czechoslovakian crowns and 15 Czechoslovakian hellers. This purchase was also made for cash through the Bohemian Union Bank at Aussig.

The plaintiff did not take physical possession of these securities but left them in the custody of the Bohemian Union Bank. Physically the Hungarian bonds were held by the Bohemian Union Bank at Prague, Czechoslovakia, and the I. G. Farben stock was located in Berlin, Germany, in the custody of the Bohemian Union Bank.

14. The 4% Hungarian gold bonds, referred to in the previous finding, were issued by the old Austrian-Hungarian Empire. After the defeat of Austria Hungary in 1918, the Allies distributed the prewar debt (including these bonds) among the nations which had succeeded to the territory of the old Austrian-Hungarian Empire, including Czechoslovakia. They were debenture bonds without a maturity date. The issuing government had a right to call these bonds at any time but the owner of the bonds could not compel the redemption thereof. After Hitler moved into and took control of Czechoslovakia on March 15, 1939, interest on these bonds was paid to the account of the owner thereof but the owner could not deal with the amount to his credit without the consent of a representative of the German Government who was called a "prokurer."

15. In July 1942, the Bohemian Union Bank collected for the plaintiff's account a stock dividend of additional shares of I. G. Farben stock of a nominal or par value of RM 500 and advised the plaintiff of this collection in a letter dated September 22, 1942. That letter read as follows:


We herewith wish to inform you that pursuant to the correction in capital made known on 7/21/42 we have collected against surrender of dividend coupons No. 21 of RM 2000.-Shares


Findings of Fact

RM 500.-I. G. Farben Shares with dividend certificate No. 23

for which we are crediting you on STOCK ACCOUNT "BERLIN."

For charges we are debiting you with K-value as of today.

BOEHMISCHE UNION-BANK. The collection of the additional shares has today been reported to the local National Bank.

16. On January 10, 1946, the Bohemian Union Bank advised the plaintiff of the status of his securities as of December 31, 1941, as follows:


Dr. Max Mayer

Scarsdale, Westchester County

New York.

Prague, 1/10/1946.


We give you below a statement as of December 31, 1941, covering the status of your securities.

Please check on this statement and if you find it correct please return to us the appended sheet signed.

At the same time we would ask you to take note of the general provisions given on the reverse side hereof, which are applicable until further notice to any business carried on with us.

Fl. 100,000 4% Ungar. Goldrente C. C. with Certif. "i"
RM 2,000 I. G. Farben Shares
Lg 41,13,4 Coupon for 1937 of Fl 100,000 4% Ung.
Gold-Rente CC. with Certif.



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17. In 1942, at the direction of the German Gestapo, the Bohemian Union Bank sold the 4% Hungarian gold bonds and credited the proceeds to the plaintiff's account. Confirmation of the sale was forwarded to the plaintiff by the Bohemian Union Bank in a letter dated at Prague, November 24, 1942, which read as follows:

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Pursuant to your instructions or proposition of . . WE HAVE SOLD for you OR TOOK OVER FROM YOU on . the following securities, for which we are crediting you as follows. We are debiting your deposit account 1 with the securities. . .

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The plaintiff has never received any of the proceeds of the foregoing sale. The evidence is insufficient to establish the value of these bonds in November and December 1941.

18. The stock of I. G. Farben was actively traded in on the Frankfort, Germany, Stock Exchange (one of the largest stock exchanges in Germany) on November 25, December 8, and December 11, 1941, at the following prices [the prices shown being in reichsmarks]:

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The plaintiff has never received the stock or anything of value therefor. By agreement of the parties, in the event


Findings of Fact

the Court should hold that the plaintiff is entitled to recover on account of a deduction in the loss on these securities, further evidence may be introduced with respect to their value as well as the rate of exchange applicable thereto unless the parties are able to enter into a stipulation with respect thereto. The foregoing agreement with respect to the rate of exchange applies also to other items involved in this proceeding where, in the event the Court should hold that the plaintiff is entitled to recover, a determination of the correct rate of exchange is necessary in order to compute the amount of such recovery.

19. On January 14, 1941, the plaintiff had on deposit with the Dresden Bank, Stuttgart branch, Germany, RM 500. Subsequent to January 14, 1941, Allgemeine Bankgesellschaft, Stuttgart, successor to the Dresden Bank, issued to the plaintiff the following abstract of entries in the account:

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The plaintiff has never withdrawn any part of the foregoing deposit.

20. The account referred to in the preceding finding was a "preferred blocked credit" account. The terms "blocked

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