Majority
p. 868James Mussen, Resp’t v. Jehial B. White, App’lt. (Supreme Court, General Term, Third Department, Filed November 30, 1891.)
Headnote
Witness—Credibility.The question of the credibility of a witness is for the jury.
Appeal from a judgment entered upon the verdict of a jury rendered upon the trial at the Essex county court, upon an appeal from a judgment in favor of the plaintiff upon the trial before a justice of the peace.
Riley & Conway, for app’lt; A. W. Boynton, for resp’t.
The question in dispute upon the trial was, how many cords of wood had the plaintiff delivered to the defendant or upon his order ? The verdict rests upon the plaintiff’s testimony, and the defendant urges that upon its face it is inconsistent, contradictory and unreliable. The plaintiff seems to have been confused with, respect to the items, but he testified to enough to justify the verdict, and it was for the jury to determine whether his testimony was reliable.
We see no ground for reversal.
Judgment affirmed, with costs.
Learned, P. J., and Mayham, J., concur.