Legal Opinion

McKinley Music Co. v. Lewis

Alabama Court of Appeals

Decided February 10, 1920No. 4 Div. 615PublishedCited by 3 opinions

Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Assumpsit by the McKinley Music Company against P. Lewis. Judgment for defendant, and plaintiff appeals. The defendant entered into a contract with plaintiff to have shipped to him certain articles of merchandise. The contract was made on October 25, 1916, and, tbe goods not having been received on November 21, 1916, defendant countermanded the order.

Read the full summary

Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Assumpsit by the McKinley Music Company against P. Lewis. Judgment for defendant, and plaintiff appeals. The defendant entered into a contract with plaintiff to have shipped to him certain articles of merchandise. The contract was made on October 25, 1916, and, tbe goods not having been received on November 21, 1916, defendant countermanded the order. In the course of the examination of the defendant, and in connection with the statement that the goods were to be shipped promptly, defendant’s counsel asked defendant the…

1Opinion of the CourtSamford, J.

The only assignment of error in this case is that the trial court erred in permitting the defendant’s counsel to ask the defendant, while testifying as a witness: “Did you have a rating in Bradstreet and Dun?” The objection was general, specifying no grounds. Where this is the case, unless the matter is clearly not proper for any purpose, the ruling of the trial- court will not be reversed. Riley v. State, 88 Ala. 193, 7 South. 149; Eason, v. Isbell, 42 Ala. 456.

We find no error in the record, and the judgment is affirmed.

Affirmed.

2Cases cited2 opinions

  1. Riley v. StateSupreme Court of Alabama · 1889
  2. Eason v. IsbellSupreme Court of Alabama · 1868

3Cited by3 opinions

  1. Moulton v. StateAlabama Court of Appeals · 1923
  2. Thornton v. StateCourt of Criminal Appeals of Alabama · 1975
  3. Gilbert v. City of MontgomeryCourt of Criminal Appeals of Alabama · 1976

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API