Hill v. . Sprinkle
Supreme Court of North Carolina
■Judge’s Charge — Prayer for Instructions. Civil Action, tried at Eall Term, 1876, of Forsythe Superior Court, before Kerr, J- The plaintiff demanded payment of $300, balance' due ora. a bond given for the purchase money of a tract of land.
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■Judge’s Charge — Prayer for Instructions. Civil Action, tried at Eall Term, 1876, of Forsythe Superior Court, before Kerr, J- The plaintiff demanded payment of $300, balance' due ora. a bond given for the purchase money of a tract of land. As the only point decided in this Court involved the correctness of His Honor’s charge to the jury in the Court below in response to instructions asked by plaintiff, which are set out by Mr. Justice Bynum in delivering the opinion, &, full statement of the facts is deemed unnecessary. Yerdict for the defendant. Judgment. Appeal by the-plaintiff
1Opinion of the CourtBynum, J.
Upon the trial, the defendant was introduced as a witness in his own behalf and his testimony was contradicted by one Lehman, a witness and former agent of" the plaintiff.
The counsel of the plaintiff asked the Court to instruct, the jury, “that when there is a conflict of testimony be= tween witnesses c f equal respectability one of wh im is a,, party in interest and the other not, the jury have the right to consider the question of interest in deciding upon the credibility of the witnesses.” His Honor did not give the instructions in so many u ords, but told the jury “that they had a right…
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