McKinley Music Co. v. Lewis

• Citation: 84 So. 858,17 Ala.App. 370
• Decision Date: 10 February 1920
• Docket Number: 4 Div. 615
• Court: Alabama Court of Appeals
• Parties: McKINLEY MUSIC CO. v. LEWIS.

84 So. 858

17 Ala.App. 370

McKINLEY MUSIC CO. v. LEWIS.

4 Div. 615

Court of Appeals of Alabama

February 10, 1920

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. Affirmed.

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, the 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 question set out in the opinion. The bill of exceptions shows: "Plaintiff objected to this question, the court overruled the objection, and plaintiff duly and legally excepted."

E.O. Baldwin, of Andalusia, for appellant.

Powell, Albritton & Albritton, of Andalusia, for appellee.

SAMFORD, 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 So. 149; Eason v. Isbell, 42 Ala. 456.

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

Affirmed.