Weierich's Extr. v. Weierich

Opinion op the Court by

Judge Turner

Affirming.

Nicholas and Casper Weierich were brothers and natives of Germany; they each came to this country in their young manhood and finally settled at Newport, Kentucky.

Nicholas was the elder by eight years, and appears' to have been a shrewd and prosperous business man, while *631Gasper, though industrious, by no means had the business capacity of his brother.

After the death of Nicholas, Casper instituted this action against Nicholas’ personal representative seeking to recover for numerous sums of money claimed to have been held by Nicholas for his use and…