Winter & Co. v. Burt
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. Andrew B. Moore. Assumpsit by J. S. "Winter & Co., (a firm composed of Joseph S. Winter and John G-. Winter,) against Martin R,. Bnrt, as the maker of a promissory note for $1060 66, dated Montgomery, April 18, 1851, and payable on tbe 1st January next after date, to the plaintiffs’ order, at their office in Montgomery; which note was proved to have been given in part payment for certain machinery manufactured…
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Appeal from the Circuit Court of Autauga. Tried before the Hon. Andrew B. Moore. Assumpsit by J. S. "Winter & Co., (a firm composed of Joseph S. Winter and John G-. Winter,) against Martin R,. Bnrt, as the maker of a promissory note for $1060 66, dated Montgomery, April 18, 1851, and payable on tbe 1st January next after date, to the plaintiffs’ order, at their office in Montgomery; which note was proved to have been given in part payment for certain machinery manufactured for defendant, at the “Winter Iron Works” in Montgomery, by Gindrat & Co., which firm was composed of John G-. Winter,…
1Opinion of the Court
STONE, J. —
The bill of exceptions shows that John Burt had not the requisite knowledge to enable him to speak nnclerstauding’ly of the value of the machinery; and be should not have been allowed to give his opinion. 1 Greenl. Ev. § 440; Whipple v. Walpole, 10 N. Hamp. 130; Robertson v. Starke, 15 N. Hamp. 109.
The question propounded to the witness Gotbell, was also improper. It asked him to draw a conclusion from premises not justified by the law. Neither the cost of the machinery, nor the representations made as to its performance, could, in the form in which the question arose i n this…
2Cases cited3 opinions
- Milton v. RowlandSupreme Court of Alabama · 1847
- Hopper v. AshleySupreme Court of Alabama · 1849
- Brown v. HarrisonSupreme Court of Alabama · 1850
3Cited by6 opinions
- Southern Electric Generating Company v. LanceSupreme Court of Alabama · 1959
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1930
- Gossett v. MorrowSupreme Court of Alabama · 1914
- Nelson v. WoodSupreme Court of Alabama · 1878
- Torrance v. WellsSupreme Court of Alabama · 1929
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