Seals Piano & Organ Co. v. Bell
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the Seals Piano .& Organ Company against N. J. Bell and others, executors, for damages for wrongful attachment. From an insufficient judgment,for plaintiff, it appeals. S. W. Warrick, being on the stand, was asked by the plaintiff: “I will ask you if, after the issuance of the attachment, there was any difference, or if you had any difficulty in purchasing goods on the same terms.”
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the Seals Piano .& Organ Company against N. J. Bell and others, executors, for damages for wrongful attachment. From an insufficient judgment,for plaintiff, it appeals. S. W. Warrick, being on the stand, was asked by the plaintiff: “I will ask you if, after the issuance of the attachment, there was any difference, or if you had any difficulty in purchasing goods on the same terms.” The question was objected to, and the objection overruled. Witness answered: “I do not think our credit was as good.” The court sustained…
1Opinion of the CourtSamford, J.
[1] The court did not err in sustaining the motion of the defendant to exclude the answer, “I do not think our credit .was as good.” This answer was not responsive to the question asked. Beside’s, the question did not limit -the inquiry to the effect of the attachment on plaintiff's credit. The condition of the market may have been different, or many other things not affected by the attachment.
[2] The court did not commit reversible error in sustaining defendant’s objection to plaintiff’s question:
“Did any manufacturer or person from whom you bought pianos refuse to sell you, or change, the…
2Cases cited5 opinions
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- Bell v. Seals Piano & Organ Co.Supreme Court of Alabama · 1918
- Birmingham Railway, Light & Power Co. v. HumphriesSupreme Court of Alabama · 1910
- Ritter v. HoyAlabama Court of Appeals · 1911
- Birmingham Stove & Range Co. v. LawlerAlabama Court of Appeals · 1914
3Cited by6 opinions
- Henne v. BalickSupreme Court of Delaware · 1958
- Continental Volkswagen, Inc. v. SoutulloCourt of Civil Appeals of Alabama · 1975
- Alabama Great Southern R. Co. v. RussellAlabama Court of Appeals · 1949
- Ross v. West Wind Condominium Ass'nCourt of Civil Appeals of Alabama · 2016
- Alabama Great Southern R. Co. v. RussellAlabama Court of Appeals · 1949
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