Brady v. Brady

<p>Contract brought against the surviving partner of a firm of grocers in Lawrence, to recover, amongst other things, for the use of a horse, wagon and harness by his firm, for five hundred and twenty days.</p> <p>At the trial in the superior court, before Brigham, J., the plaintiff called several witnesses who testified that they were grocers in Lawrence, and had bought and sold horses and wagons like those of the plaintiff, and had kept and used such property in their business for several years, and knew its value; but that they had never either hired or let to others such property, and did not know the price at which it was let. They were then asked, what was the value of the use of such a horse and wagon, in the business pursued by the defendant. The defendant objected that the witnesses had not qualified themselves to testify as experts; but the objection was overruled. The defendant also objected that the plaintiff was incompetent as a witness; but this objection was overruled, and he was permitted to testify, though not to declarations of the deceased partner. „</p> <p>The jury returned a verdict for the plaintiff, and the defendant alleged exceptions.</p>