Parsley's Adm'r v. Martin

Citations

• 77 Va. 376
• 1883 Va. LEXIS 68

Syllabus

<p>1. Guardians&emdash;Liabilities&emdash;Deposits.&emdash;A bona fide deposit of his ward’s money by guardian in his own name, provided it be shown that it was his wards’ money, will protect him from liability for any loss which ensues, not by the form of the deposit, but by the general destruction of the currency and banking interests of the state.</p> <p>2. Idem&emdash;Case at bar&emdash;In a Richmond bank of good standing, in 1859, guardian deposited his wards’ money at interest, taking certificates in his own name. It was proved that the money deposited was the money of his wards. At that bank he had no private account, and no money of his own. In 1863 the bank notified depositors to withdraw their deposits. His house was within the enemy’s line, and he could not then put the money out at interest. He induced the bank to let it remain on deposit. The wards became entitled to receive the money in 1863. He offered them the certificates. They demanded gold or its equivalent. The money perished in the bank by the results of the war destroying all the currency of the state;</p> <p>Held: {Lewis, P., and Richardson, J, dissenting.)</p> <p>1. The guardian is not liable for the loss.</p> <p>2. Parole evidence in connection with the certificates, and the declarations of the guardian.made cotemporaneously with the deposits, are admissible to show that the money deposited was-the money of the wards.</p>