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set by the plaintiff in consultation with Mr. Seligman, Mr. Liechti and herself, and that the amount tendered by the defendant to plaintiff represented the amount which plaintiff had hoped to receive from the sale of destroyed paintings.

24. Mr. C. A. Liechti, residing at 5 West 75th Street, City, County and State of New York.

Mr. Liechti was in charge of the negotiations with the attorneys for the insurance company and will testify that the settlement in question wherein defendant received its commission without prejudice was the result of conferences between defendant and the insurance company's attorney. As the person in charge of the defendant's accounting department, he will testify as to the expense incurred by defendant to publicize the plaintiff's work, and it was because of this favorable publicity that the insurance company agreed to pay plaintiff the net price of the paintings fixed by her.

25.  Mr. Thomas V. Kingham, residing at 309 Avenue C, City, County and State of New York. 

Mr. Kingham, who is associated with Mendes & Mount, the attorneys for the insurance company, will testify as to the negotiations between the defendant and the insurance company. He will further testify that the insurance company's agreement to pay the defendant its commission was purely the result of an agreement between defendant and Lloyds, not involving the plaintiff at all.

26. Plaintiff's sole witness on her behalf is herself. It is she who is bringing the action, and it is she who seeks a judgment. It is respectfully submitted that it would be extremely unfair to require the defendant's witnesses to journey to Rochester to testify in an action which could be so easily and conveniently tried in New York County.

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