Administrators of Tilton v. Williams
New York Supreme Court
THIS was an action of trover. several counts. In The declaration contained some of them9 the trover and conversion t, e - i were laid m the lifetime of the intestate) ana m others) they were laid after his. death, and after letters of administration were granted.
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THIS was an action of trover. several counts. In The declaration contained some of them9 the trover and conversion t, e - i were laid m the lifetime of the intestate) ana m others) they were laid after his. death, and after letters of administration were granted. The jury found a verdict for the defendant; and the >-e, before whom the cause was tried, certified, that the evidence offered on the part of the plaintiffs applied to the count, charging the trover and conversion to have been after the death of the intestate, and after letters of administration were granted to the plaintiffs.
1Per curiam
The decisions in the English courts on this subject appear, to be very contradictory. (4 Term Rep. 277. 10 East, 293.) It is, however, well settled, that when the declaration contains only one count, stating the trover and conversion to have been in the lifetime of the intestate, the plaintiff, although he fails in his action, is not subjected to the payment of- costs. And it is equally well settled, that when the trover and conversion are laid to have been after the death of the intestate, and after letters of administration granted, if the plaintiff fails, he must pay costs; because there…
2Cited by6 opinions
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- Holdrige v. ScottNew York Supreme Court · 1869
- Mullen v. GuinnNew York Supreme Court · 1895
- Woodruff v. CookNew York Supreme Court · 1857
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