Fox v. Fox
New York Supreme Court
Appeal from an order made at the Special Term, making the plaintiffs personally liable for costs. This action was brought to recover the value of certain articles of personal property belonging to the plaintiffs’ intestate, which were, at the time of his death, upon a farm belonging to the defendant, and which, it was alleged, had been subsequently converted by him.
1Opinion of the Court
Gilbert, J.:
No costs are allowed against a plaintiff administrator, in an action of trover, when the conversion was in testator’s lifetime; but it is otherwise when the conversion is subsequent to the testator’s decease, and the action might have been maintained in the plaintiff’s own right. When an administrator complains in trover, on the possession of his intestate, and a conversion after his death, and has judgment against him, he must pay costs (Holdrige v. Scott, 1 Lans., 303, and cases cited); and he shall not be excused from the payment of costs, though he bring the action as…
2Cases cited2 opinions
- Administrators of Tilton v. WilliamsNew York Supreme Court · 1814
- Holdrige v. ScottNew York Supreme Court · 1869