Bradford v. Marbury
Supreme Court of Alabama
Error to the Circuit Court of Coosa. Assumpsit by Marbury against Bradford, for goods sold and delivered. At the trial, a witness for the plaintiff testified, that in September or October, 1844, he was present, when a conversation was had between the plaintiff and defendant, respecting the purchase and sale of the plaintiff’s crop of cotton, of that year. The defendant said, “ I’ll give you six and a half cents a pound for all the cotton you pick out by the 25th December.”
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Error to the Circuit Court of Coosa. Assumpsit by Marbury against Bradford, for goods sold and delivered. At the trial, a witness for the plaintiff testified, that in September or October, 1844, he was present, when a conversation was had between the plaintiff and defendant, respecting the purchase and sale of the plaintiff’s crop of cotton, of that year. The defendant said, “ I’ll give you six and a half cents a pound for all the cotton you pick out by the 25th December.” To this the plaintiff assented. The defendant then said, “ deliver it to Hatchett,” meaning the witness, who was known to…
1Opinion of the CourtGoldthwaite, J.
1. The defendant does not question the correctness of the general instruction, on which the cause was submitted to the jury, so far as that goes, but insists, he was entitled, from the proof to make the several points presented by his requests for distinct charges. To this the plaintiff answers, without admitting the correctness of the propositions advanced, that most, if not all of these, were properly refused, on the ground that they are abstract, in other terms, not called for by the evidence. If the case rested' alone on the testimony of the first witness, there would be no room for…
2Cases cited5 opinions
- Willson v. ForeeNew York Supreme Court · 1810
- Manufacturers' & Mechanics' Bank v. GoreMassachusetts Supreme Judicial Court · 1818
- Corlies v. GardnerThe Superior Court of New York City · 1829
- Harrell v. FloydSupreme Court of Alabama · 1841
- Kennedy v. HitchcockSupreme Court of Alabama · 1836
3Cited by16 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Alabama Produce Co. v. SmithSupreme Court of Alabama · 1932
- Morris v. HallSupreme Court of Alabama · 1868
- Etheridge v. Doe ex dem. MalempreSupreme Court of Alabama · 1851
- Coulter v. HolderSupreme Court of Alabama · 1971
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