fendant.-Sowards v. American Car & Foundry | pression of the court's opinion as to what facts
Co. (W. Va.) 329.
$ 170. In an action for the price, the direc-
tion of a verdict for plaintiff for the full amount
claimed held error.-McDaniel v. Mallary Bros.
Machinery Co. (Ga. App.) 146.
$ 170. Directing verdict for plaintiff held
proper.-Fitzgerald v. Reid (Ga. App.) 813.
VII. INSTRUCTIONS TO JURY.
Erroneous instructions or failure to instruct,
ground for new trial, see New Trial, § 39.
In criminal prosecutions, see Criminal Law, §§
782-829.
Review as dependent on presentation of ques-
tion in lower court, see Appeal and Error,
§§ 215, 216.
As to particular issues or subjects.
See Adverse Possession, § 116.
Bar of statute of limitations, see Limitation of
Actions, § 200.
Contributory negligence of passenger, see Car-
riers, § 348.
Contributory negligence of servant injured, see
Master and Servant, § 296.
Damages, see Damages, §§ 215, 217.
Loss of or injury to goods in course of trans-
portation, see Carriers, § 137.
Negligence of master causing injuries to serv-
ant, see Master and Servant, § 293.
In particular civil actions or proceedings.
See Ejectment, § 110.
Assessment of damages, see Damages, 88 215,
217.
For breach of contract for carriage of passen-
ger, see Carriers, § 278.
For breach of mining contract, see Mines and
Minerals, § 83.
For compensation of broker, see Brokers, § 88.
For ejection of passenger or intruder from train,
see Carriers, § 384.
For injuries at railroad crossings, see Rail-
roads, 351.
For injuries by servants, see Master and Serv-
ant, § 332.
For injuries from negligence or default in
transmission or delivery of telegraph or tele-
phone messages, see Telegraphs and Tele-
phones, § 74.
For injuries from sale of liquor, see Intoxica-
ting Liquors, § 317.
For injuries to passengers, see Carriers, §§ 321,
For injuries to persons on or near railroad
tracks, see Railroads, § 401.
would excuse laches on the part of the grantee
of the original vendee under Civ. Code 1895, §§
3931, 3933.-Long v. Gilbert (Ga.) 894.
§ 193. In an action an instruction held prop-
erly refused as an expression of an opinion, in
violation of Civ. Code, § 4334.-Evans & Pen-
nington v. Nail (Ga. App.) 543.
§ 194. The court could not charge what par-
ticular facts would constitute contributory neg-
ligence without invading the province of the ju-
ry.-Martin v. Columbia Electric St. Ry., Light
& Power Co. (S. C.) 993.
§ 194. An instruction binding the jury to
give exemplary damages in an action for tort is
erroneous.-Fink v. Thomas (W. Va.) 650.
§ 199. A modification of a requested instrue-
tion as to whether an inventory made by the
insured was sufficient held erroneous as leaving
a question of law to the jury.-Houff & Holler
v. German American Ins. Co. (Va.) 831.
§ 199. A modification of requested instruc
tion as to whether an insured's method of keep-
ing books complied with an iron safe clause
held erroneous as leaving a question of law to
the jury.-Houff & Holler v. German American
Ins. Co. (Va.) 831.
(B) Necessity and Subject-Matter.
§ 203. Where the court gave for one party a
hypothetical instruction dependent on the find-
ing of a specified fact by the jury, it is error
to refuse an instruction for the other side stat-
ing the converse of the legal proposition cover-
ed by the instruction given, if there is evidence
to sustain both theories.-Stanton v. City of
Parkersburg (W. Va.) 514.
(C) Form, Requisites, and Sufficiency
Affidavits of jurors on motion for new trial,
see New Trial, § 145.
§ 233. Statement as to how issues are to be
submitted to the jury.-Busbee v. Western
North Carolina Lumber & Mfg. Co. (N. C.) 577.
§ 234. A charge based upon undisputed evi-
dence is not erroneous simply because it fails
to submit those facts with the qualification "if
the jury believe from the evidence."-Carpenter
v. Hyman (W. Va.) 1078.
is to be entirely disregarded only when not cor-
§ 236. Testimony of witness swearing falsely
roborated.-Humphreys v. Smith (Ga.) 158.
$236. The Code, providing how witnesses.
may be impeached, does not provide all the meth-
ods of discrediting a witness, and a charge sim-
For injuries to servants, see Master and Serv-ply giving the methods so prescribed was error.
ant, §§ 290–296.
-Brand v. Bagwell (Ga.) 935.
$236. Instruction as to duty of jury, where
the evidence is conflicting, held not error.-
Jamerson v. Thaxton (Ga. App.) 984.
§ 237. A request to charge on the preponder-
ance of the evidence held misleading.-l'enning-
ton v. Gillaspie (W. Va.) 1009.
§ 240. In a will contest, instructions as to
mental capacity held not argumentative or ob-
been proven.-Wynne v. Harrell (Ga.) 921.
(A) Province of Court and Jury in Gen-jectionable as showing what a court thought had
In criminal prosecutions, see Criminal Law, §§
756-762.
(D) Applicability to Pleadings and Evi-
dence.
Review as dependent on prejudicial nature of
error, see Appeal and Error, § 1066.
§ 191. In an action against a street railway
company for an assault by a motorman, charges
held error, as invading the province of the jury.
-Savannah Electric Co. v. Pritchard (Ga.) 952.
§ 251. Plaintiff having confined his allega-
$193. Charge construing written contract tions to an illegal entry, held error to give in-
held not to contravene the rule against expres- structions authorizing a recovery for an illegal
sion of opinion by judge.-Shaw v. Jones, New-search, independent of the alleged trespass by
ton & Co. (Ga.) 240.
illegal entry.-Sheftall v. Zipperer (Ga.) 253.
§ 193. In a suit to reform certain deeds, an § 252. The giving of instructions without
instruction held not objectionable as an ex-evidence on which to base them is erroneous.—
Franklin County Lumber Co. v. Grady County | special instructions are desired, they should be
(Ga.) 264
§ 252. Unless there is an attempt to impeach
a witness by evidence of general bad character,
a charge that witnesses may be impeached by
proof of general bad character is improper.
Brand v. Bagwell (Ga.) 935.
§ 252. A request, not based on evidence, held
properly refused.-Wood v. Owen (Ga.) 951.
$252. In an action by a lessee of land for
damages from flooding, where recovery of rents
was not sought, a charge on the measure of dam-
ages allowing a recovery for loss of rents was
improper.-Woodstock Hardwood & Spool Mfg.
Co. v. Charleston Light & Water Co. (S. C.)
194.
$252. It is not error to refuse an instruc-
tion which does not rest on some material fact,
either admitted or supported by evidence.-Mate
Creek Coal Co. v. Todd (W. Va.) 1066.
$ 252. In an action by a widow under Civil
Damage Act (Code 1906, c. 32) § 26, if there
is no evidence of injury to her person, the sub-
mission of the question of damages to the per-
son is error.-Pennington v. Gillaspie (W. Va.)
§ 252. In cases under the civil damage law,
the question of injury to plaintiff's person is
improperly submitted, where there is no evi-
dence thereof.-Carpenter v. Hyman (W. Va.)
1078.
$253. In an action for the recovery of land.
a charge held not erroneous, as excluding from
the jury the question whether defendant had ti-
tle by prescription.-Smith v. Samuels (Ga.)
1086.
§ 253. In an action for death of a servant,
charges held error.-Chesapeake & O. Ry. Co.
v. Ghee's Adm'x (Va.) 826.
§ 253. The modification of a requested in-
struction in a servant's injury action held to
have ignored defendant's theory as to the cause
of the accident.-Atlantic Coast Line R. Co.
v. Caple's Adm'x (Va.) 855.
§ 253. An instruction, in an action for a
servant's death, which authorized recovery if
defendant's negligence proximately caused the
death, but which omitted the question of con-
tributory negligence which was pleaded and
which the evidence tended to support, was
erroneous.-Atlantic Coast Line R. Co. v. Ca-
ple's Adm'x (Va.) 855.
(E) Requests or Prayers.
In criminal prosecutions, see Criminal Law, §§
Review as dependent on prejudicial nature of
error, see Appeal and Error, § 1067.
Review of failure to give instructions as de-
pendent on request in lower court, see Ap-
peal and Error, § 216.
$ 256. Where the court gives instructions as
to the preponderance of evidence, held, that it
is not bound, in the absence of a proper re-
quest, to charge on which issues plaintiff has
the burden and on which defendant.-Brandon
v. Pritchett (Ga.) 247.
$ 256. There was no error in failing to
charge more explicitly than in the instruction
given as to the burden of proof, in the absence
of a request.-Johnson v. Reeves (Ga.) 1081.
$ 256. On objection that a charge excluded
a certain contention of plaintiffs, held, that, if
plaintiffs desired a more detailed instruction,
they should have submitted a written request.
Hamilton & Pritchett v. Jenkins (Ga. App.)
397.
$ 256. Where the court's charge sets forth
the general principles applicable to the case, if
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requested.-Morgan v. Chunn (Ga. App.) 965.
§ 256. Failure to charge general doctrine as
to preponderance of evidence held not error, in
view of the instruction given.-Jamerson v.
Thaxton (Ga. App.) 984.
$ 256. Where the court charges on general
principles of law applicable to an issue, the par-
ty desiring more specific instructions should re-
quest them in writing.-Charleston & W. C.
Ry. Co. v. Duckworth (Ga. App.) 1018.
§ 256. In an action by a lessee of land for
damages thereto from flooding, injury to timber,
in so far as it affected plaintiff's interests as
lessee, would be a proper element of damages,
and, if defendant wished a more specific state-
ment of the right in respect thereto than the
bare statement that such damages should be
considered, it should have requested it.-Wood-
stock Hardwood & Spool Mfg. Co. v. Charleston
Light & Water Co. (S. C.) 194.
§ 256. In an action for damages to land from
flooding, where the court charged that injury
to plaintiff's business arising from unhealthful
element of damage, if defendant wished to
conditions produced by the flooding would be an
charge excluding remote damages and those
which would come to the entire community,
it should have requested it.-Woodstock Hard-
wood & Spool Mfg. Co. v. Charleston Light &
Water Co. (S. C.) 194.
§ 260. In an action for ejection of a passen-
ger, a requested charge held covered by instruc-
tions given.-Magill v. Seaboard Air Line Ry.
(S. C.) 561.
§ 260. In an action against a street car com-
pany for death caused by negligent injuries, re-
quested charge on contributory negligence held
substantially covered by one given.--Martin v.
Columbia Electric St. Ry., Light & Power Co.
(S. C.) 993.
§ 260. Where, in an action against a street
car company for the death of one attempting to
cross the track, the court charged fully as to
the duty resting upon one attempting to cross
the track, it was not error to refuse a requested
charge on that question.-Martin v. Columbia
Electric St. Ry., Light & Power Co. (S. C.) 993.
§ 260. Instructions given held to substantial-
ly cover certain requests to charge which were
refused.-Virginian Ry. Co. v. Jeffries' Adm'r
(Va.) 731.
§ 260. In an action for death of a servant,
refusal of certain instruction held not error in
view of charges given.-Chesapeake & O. Ry. Co.
v. Ghee's Adm'x (Va.) 826.
§ 260. A request to charge a proposition
covered by other instructions given is properly
refused.-Pennington v. Gillaspie (W. Va.) 1009.
§ 260. Where instructions given correctly
propounded the law applicable, it is not error
to refuse other instructions stating the same
law in a different form.-Mate Creek Coal Co.
v. Todd (W. Va.) 1066.
§ 268. Trial court's action held not an abso-
lute refusal to charge defendant's requested in-
struction.-Martin v. Columbia Electric St. Ry.,
Light & Power Co. (S. C.) 993.
(F) Objections and Exceptions.
Necessity of objection or request for purpose
of review, see Appeal and Error, §§ 215, 216.
(G) Construction and Operation.
In criminal prosecutions, see Criminal Law, §§
822, 823.
$ 295. Where the excerpts from the charge
assigned as error are not materially erroneous,
when construed with the entire charge, which
correctly presents the law, the judgment will
be affirmed.-Smith v. Bales (Ga. App.) 627.
§ 295. Instruction, submitting plaintiff's the-
ory of the case only, held not error in view of
all the instructions.-City of Danville v. Thorn-
ton (Va.) 839.
§ 296. An instruction without reference to
the defense of fellow servant held not mislead-
ing, in view of other instructions.-Lyon v.
Charleston & W. C. Ry. Co. (S. C.) 282.
§ 296. Instruction on contributory negligence
held not misleading, in view of other instruc-
tions.-Lyon v. Charleston & W. C. Ry. Co.
(S. C.) 282.
§ 296. Instruction as to a servant having
right to obey order of his master's conductor
without examination for danger held not error,
in view of other instructions given. Lyon v.
Charleston & W. C. Ry. Co. (S. C.) 282.
§ 296. In an action against a street car com-
pany for death caused by negligent injuries, a
part of the charge, held not erroneous as fixing
the standard of care required as the conduct
of an ordinary woman, instead of that of one
of ordinary care.-Martin v. Columbia Electric
St. Ry., Light & Power Co. (S. C.) 993.
§ 296. An instruction, in an action against a
railroad company for damages from fire, held
not prejudicial.-Norfolk & W. Ry. Co. v.
Thomas (Va.) 817.
§ 296. Any error in an instruction in au-
thorizing a recovery if the deceased servant's
death was proximately caused by defendant's
negligence, without mentioning contributory
negligence which was in issue, held not cured
by an instruction for defendant on contributory
negligence.-Atlantic Coast Line R. Co. v. Ca-
ple's Adm'x (Va.) 855.
VIII. CUSTODY, CONDUCT, AND DE-
LIBERATIONS OF JÚRY.
Disqualification or misconduct of or affecting
jury, ground for new trial, see New Trial,
§ 50.
§ 315. Evidence held insufficient to show a
binding agreement between jurors to render a
quotient verdict.-Washington Luna Park Co.
v. Goodrich (Va.) 977.
In action for injuries from sale of liquors, see
Intoxicating Liquors, § 318.
In criminal prosecutions, see Criminal Law,
$$ 874-894.
In ejectment, see Ejectment, § 111.
Irregularities or defects, ground for arrest of
judgment, see Judgment, § 265.
Judgment notwithstanding verdict, see Judg-
ment, § 199.
Review of objections to verdict or findings, see
Appeal and Error, § 731.
Review of sufficiency of evidence, see Appeal
and Error, §§ 999-1005.
Setting aside verdict, see New Trial.
X. TRIAL BY COURT.
(B) Findings of Fact and Conclusions
of Law.
By referee, see Reference, § 89.
XI. WAIVER AND CORRECTION OF
IRREGULARITIES AND ERRORS.
Error in instructions cured by verdict or judg-
ment, see Appeal and Error, § 1068.
Error waived in appellate court, see Appeal and
Error, 1078.
Review in appellate court as dependent on prej-
udicial nature of error, see Appeal and Er-
ror, 88 1031-1068.
Review in appellate court as dependent on pres-
entation of questions in lower court, see Ap-
peal and Error, §§ 169-294.
$ 417. Defendant, by introducing his own
evidence after the overruling of his motion_to
exclude plaintiff's evidence, waives his motion
to exclude.-Pennington v. Gillaspie (W. Va.)
1009.
TRIAL DE NOVO.
On appeal, see Wills, § 377.
TRIAL OF RIGHT OF PROPERTY.
See Attachment, §§ 288-294; Execution, §3
194, 197.
TROVER AND CONVERSION.
See Larceny; Replevin.
Bail trover for rent, see Landlord and Tenant,
§ 217.
Conversion by partners, see Partnership, § 153.
Conversion by purchasers, see Sales, § 340.
Recovery of share of crops by landlord, see
Landlord and Tenant, § 331.
(A) Right of Action and Defenses.
Election of other remedies, see Election of Rem-
edies, § 3.
$35. To authorize a money verdict in trover,
there must be evidence of the value of the per-
sonalty converted.-Oglesby v. Hanson (Ga.
App.) 802.
(E) Trial, Judgment, and Review.
§ 70. If plaintiff in trover elect to recover
verdict for damages, where by the wrongful
conversion he cannot show the true value of
the property, the burden of showing such value
is shifted to defendant.-W. W. Gordon & Co.
v. Atlantic Coast Line R. Co. (Ga. App.) 988.
TRUST DEEDS.
Verdict contrary to law or evidence ground for See Chattel Mortgages; Mortgages.
new trial, see New Trial, §§ 65-81.
(A) General Verdict.
§ 327. In an action against a master and its
foreman, a verdict against the master which is
silent as to the foreman is equivalent to a
verdict for the latter.-Ivanhoe Furnace Corp. See Trusts.
v. Crowder's Adm'r (Va.) 63.
§ 344. Affidavits of jurors are not in general
admissible to impeach their verdict.-Washing-
ton Luna Park Co. v. Goodrich (Va.) 977.
(B) Special Interrogatories and Findings.
§ 358. Under the circumstances, inconsistent
findings held not ground for setting aside ver-
dict.-Sterne v. Benbow (N. C.) 445.
Creation and construction of particular devises
and bequests, see Wills, § 689.
Particular fiduciary relations, see Brokers; Ex-
ecutors and Administrators; Factors; Guard-
ian and Ward; Principal and Agent.
Powers in general, see Powers.
Trust deeds, see Chattel Mortgages; Mortgages,
I. CREATION, EXISTENCE, AND VA-
LIDITY.
§ 29. Under Civ. Code 1895, § 3162, precatory
words will create a trust, if sufficiently impera-
tive to show that it is not left discretionary
with the person to act or not, and if the sub-
ject-matter and object are certainly defined.—
Wood v. Owen (Ga.) 951.
§ 30. A deed of trust held not a covenant
§ 231. A trustee cannot by fraud or conceal-
ment make profits out of his cestui que trust.-
Heckscher v. Blanton (Va.) 859.
erty in trust for himself and third persons as
231. The holder of the legal title to prop-
members of a syndicate held not guilty of fraud-
ulent concealment towards the third persons,
and they could not sue him for money received
from a broker procuring a purchaser.-Heckscher
v. Blanton (Va.) 859.
to stand seised to uses.-Steele v. Smith (S. C.) not be subjected to legal liability for the torts
§ 235. As a general rule, a trust fund can-
of the trustee or his agents or employés.-
Wright v. Cancy River Ry. Co. (N. C.) 588.
II. CONSTRUCTION AND OPERA-
§ 112. A deed held required to be construed,
according to its form and substance, as an
ordinary deed of trust.-Steele v. Smith (S. C.)
200.
§ 243. The power of executing conveyances
of trust property conferred on a trustee held not
personal, and therefore could be exercised by
the trustee's successor.-Vernoy v. Robinson
(Ga.) 928.
(B) Estate or Interest of Trustee and of authority to convey the property in fee free from
$243. A change of trustee under deed held
valid, in so far as to confer on the new trustee
the claim of a remainderman who was not made
a party to the proceedings for change.-Vernoy
v. Robinson (Ga.) 928.
257. Bill by plaintiff to specifically en-
force contract showing that it is made with
him as trustee held demurrable where the bene-
ficiaries are not parties.-Beckwith v. Laing
(W. Va.) 354.
§ 257. If, in an equity suit, it develops that
be entered unless beneficiaries are made parties.
a defendant is a trustee, no final decree should
-Beckwith v. Laing (W. Va.) 354.
VI. ACCOUNTING AND COMPENSA-
TION OF TRUSTEE.
$301. A petition by a legatee for relief
tained as a proceeding in the nature of a bill
against an executor held incapable of being re-
of discovery alone, under Civ. Code 1895, §
3946.-Veile v. Irwin (Ga.) 1087.
VII. ESTABLISHMENT AND EN-
FORCEMENT OF TRUST.
Limitation of actions not specially provided for,
see Limitation of Actions, § 39.
See Schools and School Districts, § 159.
§ 191. Under a trust deed, the trustee took See Guardian and Ward.
the legal title to the life estate of cestui only;
the legal estate of the remaindermen being sub-
ject to conveyance in accordance with the pow-
er contained in the deed.-Vernoy v. Robinson
(Ga.) 928.
$196. A trustee for the benefit of the gran-
tor's wife held only empowered to execute con-
veyances in accordance with the wife's direc-
tion.-Vernoy v. Robinson (Ga.) 928.
§ 203. Under a trust deed for the benefit of
the grantor's wife remainder to her surviving
children, a sale during the wife's life held to
pass the fee to the remainder, as well as the
life estate. Vernoy v. Robinson (Ga.) 928.
§ 206. A court of equity had original juris-
diction to authorize a trustee to mortgage the
interest of life tenants, but not that of the re-
maindermen, to raise money to make repairs and
pay the collateral inheritance tax.-Shirkey v.
Kirby (Va.) 40.
$227. If the beneficiaries are justified in
suing a trustee for mismanagement, he cannot
charge the trust estate with his attorney's fees.
-Melson v. Travis (Ga.) 936.
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Transaction constituting lottery, see Lotteries,
$ 3.
Validity of sales as to creditors or subsequent
purchasers, see Fraudulent Conveyances.
Sales by or to particular classes of persons.
See Executors and Administrators, §§ 141, 329–
349; Receivers, § 137.
Devisees, see Wills, § 740.
Mortgagees or trustees under power in mort-
gage, see Mortgages, $$ 338-372.
Mortgagors, see Mortgages, § 295.
Trustees, see Trusts, §§ 191-203.
Sales of particular species of, or estates or in-
terests in, property.
See Mines and Minerals, § 54.
Mortgaged property, see Mortgages, §§ 295, 338-
372.
Personal property in general, see Sales.
Property of decedent, see Executors and Ad-
ministrators, §§ 329-349.
Property of infants, see Infants, §§ 39, 41.
Public lands, see Public Lands, § 164.
Standing timber, see Logs and Logging, § 3.
Trust property, see Trusts, §§ 191-203.
Sales on judicial or other proceedings.
See Attachment, § 202; Execution, §§ 266, 328.
By executors or administrators, see Executors
and Administrators, §§ 329–349.
By receivers, see Receivers, § 137.
For nonpayment of municipal taxes, see Mu-
nicipal Corporations, § 980.
Of property of infants, see Infants, §§ 39, 41.
Tax sales, see Taxation, §§ 620-688.
I. REQUISITES AND VALIDITY OF
CONTRACT.
Of particular acts, instruments, or proceedings. Application of statute of frauds, see Frauds,
See Attachment, § 232; Injunction, § 163.
Judgment by default, see Judgment, § 138.
Judgment on consent, offer, or admission, see
Judgment, § 90.
Verdict, see New Trial.
VALUATION.
Requirements of statute of frauds as to guaranty
of number of acres sold, see Frauds, Statute
of, § 74.
§ 26. A bond for title, though not recorded,
is good as between the parties, and will be
enforced as to them.-Jordan v. Hanover Fire
Of property for purpose of taxation, see Taxa- Ins. Co. (N. C.) 206.
tion, §§ 365, 386.
§ 31. A deficiency of about 10 acres in a
tract represented to contain 2454 is not a
small deficiency which the rule as to the mean-
ing of "more or less" attributes to a variation
a mistake in estimating quantity.-McComb v.
Gilkeson (Va.) 77.
Limits of jurisdiction, see Appeal and Error, 8 of instruments, but a substantial loss showing
Between indictment or information and pre-
liminary complaint or warrant, see Indictment
and Information, § 122.
Between judgment and process, pleadings,
proofs, verdict, or findings, see Judgment, §§
248-253.
Between pleading and proof in civil actions, see
Pleading, § 387.
On highways in general, see Highways, § 172.
VENDOR AND PURCHASER.
See Exchange of Property, § 3.
§ 33. A material misrepresentation by a ven-
dor to a purchaser to induce the sale, with
knowledge of its falsity, amounts to actual
fraud.-Emlen v. Roper (Ga.) 934.
II. CONSTRUCTION AND OPERA-
TION OF CONTRACT.
Parol or extrinsic evidence to contradict or vary
written contract, see Evidence, § 400.
§ 65. Whether a contract be in gross or for
a specific quantity depends on intention, to be
gathered from its terms and all the facts and
circumstances, but courts will always construe
a contract to be for a sale per acre where it
does not clearly appear that the land was sold
Parol or extrinsic evidence to contradict or vary by the tract.-McComb v. Gilkeson (Va.) 77.
contract of sale, see Evidence, § 400.
Powers of sale, see Powers.
Priorities between mechanics' liens and convey-
ances, see Mechanics' Liens, § 197.
Purchasers of property fraudulently conveyed,
see Fraudulent Conveyances, § 194.
Specific performance of contract, see Specific
Performance.
Statements accompanying sale as res gestæ, see
Evidence, § 122.
§ 65. As equity does not favor contracts of
hazard, a sale is by the acre where the quan-
tity is referred to, and the language does not
plainly indicate a sale in gross.-McComb v.
Gilkeson (Va.) 77.
$ 70. A bond conditioned on the obligor main-
taining his weak-minded brother held to bind
the obligor to supply the reasonable needs of the
latter.-Rhyne v. Rhyne (N. C.) 348.
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