Judges: Speer
Filed Date: 9/15/1881
Status: Precedential
Modified Date: 11/7/2024
The defendant in error brought his action on a guardian’s bond, given by John Venable, as principal, and William M. Duke and H, C, Appleby, as securities, to
The grounds of the motion for a new trial, were:
(i.) Because the verdict is contrary to the evidence and to the weight of evidence.
(2.) Because the vérdict is contrary to law.
(3.) Because the court erred in charging the jury, “ that the defendant had no legal right to loan out the Confederate money, or invest the same after the first day of January, 1863'(except for state securities), without an order from the superior court, and if the defendant, without an order from the judge of the superior court, invested the Confederate money in the currency known as seven-thirties, then the defendant is liable for the value of such Confederate money at the time he so invested it.”
Counsel for plaintiff in error, in his argument before this court, relied mainly for a reversal upon the last ground in the motion, alleging as error that there was no sufficient evidence before the jury of an investment by plaintiff in error, upon which to. rest this charge, but that the plaintiff in error merely exchanged one species of Confederate currency for another, which, though known as seven-thirties, was in the similitude of Confederate currency, and passed as such, and that said currency having perished on his hands, plaintiff in error was not liable to respond for the value thereof. Whatever may have been the testi
Let the judgment of the court below be affirmed.