Chariton Plow Co. v. Davidson

Cobb, Ch. J. ,

The main question involved in this case arises upon the refusal of the trial court to instruct the jury as prayed by the plaintiff, as follows:

*375“ 6. The jury are further instructed that when a person. sets up fraud to defeat a recovery on a note, and supports such defense by his own testimony alone, and the other party to the transaction by his testimony denies the statements of the defendant in respect to such fraud, and both parties are equally credible, have equal opportunities for knowing, and testify with equal fairness, candor, and truthfulness, and neither is corroborated…