Lee v. Yandell

Citations

• 69 Tex. 34
• 6 S.W. 665
• 1887 Tex. LEXIS 769

Syllabus

<p>1. Charge oe Court. — The submission to the jury by instructions, of a hypothetical state of facts not authorized by the evidence, and upon which they are told they may predicate their verdict, is improper in practice, and though there may be no finding based on it, its effect in prejudicing the finding of the jury on other issues, renders it an error the extent of which sometimes can not be estimated.</p> <p>8. Lunacy, Principal and Surety — Charge oe Court. — If the payee of a note, who is ignorant of the fact that the principal maker is of unsound mind, acts in good faith in receiving it, the sureties thereon are bound though the principal may not be. When such an issue is presented the liability of the principal, and that of the sureties should be presented in a charge, distinctly stating the law applicable to each. 1</p> <p>8. Charge op Court — In charging a jury, questions of fact should be submitted without comment, and care observed to avoid giving prominence to any, in such terms as to indicate the tendency of the mind of the trial judge.</p>