Wilson v. Braddy

Citations

• 16 S.C. 517
• 1882 S.C. LEXIS 25

Syllabus

<p>1. Good faith should he allowed to have its influence in determining the responsibility of trustees for conduct and transactions affecting their trusts, especially during the time when Confederate currency was the only medium of exchange in this Stale.</p> <p>2. Land was sold by the Court of Equity in 186-1 for Confederate money at a highly inflated price, and a portion of the purchase-money fell due in January, 1865. Iieldx that this instalment was properly received at maturity by the commissioner in equity, and from him this money was then properly received by a guardian to the extent of his ward’s interest in such payment.</p> <p>8. And a bond of indemnity given by the debtor to the guardian at the time of these payments to secure the latter from any loss by reason of his receipt of Confederate money, imposed no liability upon the debtor.</p> <p>4. Nor was any liability under this bond fixed upon the obligor by a decree of the.court establishing a devastavit against the guardian in the receipt of this Confederate money, in a cause between the ward and his guardian to which the obligor was no parly.</p> <p>5. The ordinance of the convention of 1S65 was intended only to relax the rules of evidence, so that it might be shown that the contract was made with reference to Confederate currency, and not to fix a measure of liability. That is done, in the absence of other testimony, by the Corbin scaling act.</p>