3 Denio 164
Decided April 15, 1846
New York Supreme Court · decided 1846-04-15
Motion by plaintiffs for leave to discontinue without costs. The action was for the balance of an account for goods sold by the intestate, who died in April, 1845; and the suit was commenced in February, 1846. On the 17th of that month the defendant’s attorney served a copy of a plea setting up a discharge under the bankrupt act, granted in November, 1843.
Decided 1846-04-15
¶1The plaintiffs may discontinue without paying costs to the defendant. They necessarily prosecuted as administrators in the right of their intestate, and there is no reason to believe that the action was brought wantonly, or that it was either commenced or conducted in bad faith. (2 R. S. 615, § 16,17.)
¶2Motion granted.