McWhorter v. Tarpley
Supreme Court of Georgia
Guardian and ward. Trustees. Confederate money. Before Judge Bartlett. Greene Superior Court. September Adjourned Term, 1874. This was a suit calling on a guardian to account to his ward. The jury found for the defendant, and the judge granted a new trial. To this ruling defendant excepted.
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Guardian and ward. Trustees. Confederate money. Before Judge Bartlett. Greene Superior Court. September Adjourned Term, 1874. This was a suit calling on a guardian to account to his ward. The jury found for the defendant, and the judge granted a new trial. To this ruling defendant excepted. The evidence justified the verdict, except that it appeared that the guardian had got various sums in Confederate money during the war, and the only account he gave of them was his affidavit, under the act of 1866, that he had on hand Confederate money, and it was the same kind of money he received. His…
1Opinion of the Court
McCay, Judge.
We think the court below was right in granting a new . trial. Under the evidence — even of the answer and returns— *292it is plain that the defendant below did, during the war, receive, for the use of-his.wards, various sums. What became of the money ? Did he keep it separate, in specie, by itself, or did he mingle it with his own funds? Could he or his agent identify any particular package as the ward’s money ? Did the agent keep it separate ? Did the guardian do so after he settled with the agent? None of these questions are met by the evidence. The act of 1866 is not, in our…
2Cited by3 opinions
- Georgia Railroad v. StanleyCourt of Appeals of Georgia · 1928
- McCook v. HarpSupreme Court of Georgia · 1888
- Venable v. HowardSupreme Court of Georgia · 1881