
    United States, for the use of John W. Gody, v. Jacob A. Bender.
    In debt upon a guardian’s bond taken by the Orphans’ Court of the county of Washington, this Court refused to permit the defendant to show by ’testimony that no land descended nor was devised to the orphan in that county, and that he was not entitled to a distributive share of the personal estate of any intestate, or to a legacy or bequest under a last will and testanjent of any person on whose personal estate any administration had boon granted in that county, and that no friend of the orphan had applied to the Orphans’ Court to require the guardian.to give bond; in order to show that that court had not authority or jurisdiction to take the bond. A guardian here is liable to account for money of his ward received in Maryland for land sold in Maryland.
    If a guardian receive a promissory negotiable note in payment of a debt due to his ward, such guardian is liable for the same to his ward, although the money has not been received by him.
    Bebt against the defendant as surety in a bond given by Walter Gody, (the father and natural guardian of John W. Gody,) by order of the Orphans’ Court of the county of Washington.
    Upon the trial, Mr. Bradley, for the defendant, in order to show that the Orphans’ Court had no jurisdiction or authority to require and take the bond, offered evidence to prove that no land descended nor was devised to the orphan in that county, and that he was not entitled to a distributive share of the personal estate of any intestate, or to a legacy or bequest under a last will and testament of any person on whose personal estate any administration had been granted in that county; and that no friend of the orphan had applied to the Orphans’ Court to require the guardian to give bond for the performance of his trust. '
    
      Mr. Marbury and Messrs. Brent & Brent, for the plaintiffs.
    
      Mr. Bradley and Mr. Fendall, for the defendant,
    upon the question whether the defendant was liable for money received by his principal in Maryland, cited United States, use of Beale v. Nicholls, in this Court at March term, 1833, (4 Craneh, C. C. 290;) Kraft v. Wickey, 4 Gill & Johns. 332; Burch & Mundell v. State, Id. 452; Williams v. Storrs, 6 Johns. Ch. Rep. 353; Muir v. Wilson, 1 Hopkins’s Ch. Rep. 512; Minor v. Mechanics Bank, 1 Peters, 46, 3d Instruction; Miller v. Stewart, 9 Peters, 608; United States v. Jones, 8 Peters, 418, 419; United States v. Bradley, 10 Peters, 351; Story’s Conflict of Laws, 414, 415; Robertson on Succession, 76, 345, 346; Act of Congress, 24th of June, 1812; Fenioick v. Sears, 1 Cr. 259; Genet v. Tallmadge, 1 Johns. Ch. Rep. 5.
    
      Mr. R. J. Brent, contra,
    
    cited the cases in 7 Johns. Ch. Rep. General Index, p. 105. !
   But the Court

(Morsell, J.,

contra,) refused to permit such evidence to be given.

Mr. Bradley then prayed the Court to instruct the jury, that if from the evidence, they should believe that the money was received by the said Walter Gody, (the guardian,) in Maryland, the plaintiffs cannot recover in this action.

Which instruction the Court refused to give.

Mr. Bradley further prayed the Court to instruct the jury, that if from the evidence they should find that the money was not paid to, nor received by the said Walter Gody, his agent or attorney, the plaintiff is not entitled to recover.”

But the Court refused to give the said instruction unless with this addition : namely, unless the jury should be satisfied by the 'evidence that the said note was given by the said Cox to the said Walter Gody, and by him received in satisfaction of the money which the said Cox was ordered by the Orphans’ Court of Charles county in Maryland, to pay over to the said Walter Gody as aforesaid.”

Verdict for the plaintiff. The defendant took bills of exception, and writ of error, but-did not prosecute it.  