Vicksburg Bank v. Moss
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. The appellant sued the appellee to recover a balance alleged to be due on an open account. The various items of the account were admitted to be correct, but the appellee claimed that' the account had been paid by cash sent by him to the appellant at a specified time, which appellant received, but failed to credit on the account.
Read the full summary
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. The appellant sued the appellee to recover a balance alleged to be due on an open account. The various items of the account were admitted to be correct, but the appellee claimed that' the account had been paid by cash sent by him to the appellant at a specified time, which appellant received, but failed to credit on the account. The contest in the lower court was upon the question whether this payment had been made or not. There was positive evidence to show that the payment had been made, and evidence quite as positive…
1Opinion of the CourtArnold, J.
The issue joined between the parties was fairly submitted to the jury. There is no complaint as to the instructions. It cannot be said that the verdict is manifestly wrong. The conflict in the testimony was about as positive as it well could be in any case, and which side should have the verdict depended upon the credibility to be' ascribed to the respective witnesses. This was a matter exclusively for the determination of the jury. We adhere to the rule, several times announced by this • court, that where there is such conflict in the testimony that the mind cannot repose with entire…
2Cases cited2 opinions
- Pope v. StateMississippi Supreme Court · 1872
- Wilson v. BeauchampMississippi Supreme Court · 1874
3Cited by4 opinions
- Louisville, New Orleans & Texas Railroad v. MaskMississippi Supreme Court · 1887
- Wade v. StateMississippi Supreme Court · 1929
- Gulf Hills Dude Ranch, Inc. v. BrinsonMississippi Supreme Court · 1966
- Turley v. IngramMississippi Supreme Court · 1884