Louisville Jeans Clothing Co. v. Lischkoff
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. fiprott. This was an action by Samuel Lischkoff, the appellee, against The Louisville Jeans Clothing Company and John Little, the appellants,, the principal and the surety, respectively, on an attachment bond. From a judgment for the plaintiff, the defendants appeal. The errors assigned relate to the rulings of the trial court on questions of evidence.
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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. fiprott. This was an action by Samuel Lischkoff, the appellee, against The Louisville Jeans Clothing Company and John Little, the appellants,, the principal and the surety, respectively, on an attachment bond. From a judgment for the plaintiff, the defendants appeal. The errors assigned relate to the rulings of the trial court on questions of evidence. The plaintiff testified on direct examination that his stock of goods, was worth m the Tuscaloosa market $7,000.00. Upon cross-examination, defendants’ counsel asked said…
1Opinion of the CourtHaralson, J.
1. Lischkoff, the defendant in attachment, being examined in his own behalf, testified that the goods levied on and sold, were worth in the market $7,000. On cross-examination he was asked, “Did not the goods cost you, laid down here, 33-3- per cent, off from $7,000?” The court properly refused to allow the question answered. What the goods cost, at some indefinite time in the past, could not fairly be looked to, as determining their present market value. Sometimes the market value of an article of merchandise in a given market is less than cost, and oftener more. The value .is variable.…
2Cases cited4 opinions
- Amos v. StateSupreme Court of Alabama · 1892
- Jackson v. SmithSupreme Court of Alabama · 1883
- Montgomery & Eufaula Railway Co. v. Chambers & AbercrombieSupreme Court of Alabama · 1885
- Little v. LichkoffSupreme Court of Alabama · 1893
3Cited by6 opinions
- Zimmern v. BlountCourt of Appeals for the Fifth Circuit · 1917
- H. Curjel & Co. v. Hallett Mfg. Co.Supreme Court of Alabama · 1916
- City of New Decatur v. ChappellAlabama Court of Appeals · 1911
- Hall v. NixSupreme Court of Alabama · 1908
- Massey v. FainAlabama Court of Appeals · 1911
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