Mitchell v. Matthews

<p>In action of trover brought by the public administrator of New-York, on information and belief, for an alleged conversion by defendant, in the lifetime of the intestate and also after his death, cf certain goods and chattels of the inteltate, the prosecution of the cause having been abandoned by plaintiff in consequence of supposed insolvency of defendant, and judgment as in case of non- • suit having been granted in favor of the defendant, it was held, that the suit was not necessarily prosecuted in the right of the intestate, and that the plaintiff was personally liable for costs, if there was no .property of the intestate.</p>