Edgar v. McArn
Supreme Court of Alabama
Error to tbe Circuit Court of Montgomery. Tried before the Hon. John Gill .Shorter. This was an action of debt by the plaintiffs in error, to recover of McArn the amount of a judgment which they had obtained against him in the Circuit Court of Montgomery county, for the sum of $1965. The defendant pleaded his discharge in bankruptcy, in bar of the suit.
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Error to tbe Circuit Court of Montgomery. Tried before the Hon. John Gill .Shorter. This was an action of debt by the plaintiffs in error, to recover of McArn the amount of a judgment which they had obtained against him in the Circuit Court of Montgomery county, for the sum of $1965. The defendant pleaded his discharge in bankruptcy, in bar of the suit. The plaintiffs replied, that the defendant, at the time of filing his petition for his discharge in bankruptcy, had a large sum of money in his hands, to-wit: ten thousand dollars, which he did not render in his schedule, but willfully and…
1Opinion of the CourtChilton, C. J.
The defendant, doubtless with a view of showing that he had sustained a loss which drove him into bankruptcy, and which swallowed up all the profits that might be supposed to have accrued to him from the business in which the plaintiffs had proved he was engaged, introduced evidence of his having dealt largely in cotton in the years ’86, 7 and 8, and showed that such business generally proved disastrous to those engaged in it during these years.
In connection with proof of the general fatality of the business, he asked a witness: “Did you not lose largely on cotton during these years ?” The…
2Cases cited2 opinions
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