Barton v. Hosner — 29 N.Y. Sup. Ct. 463

Majority

p. 463

EDWARD BARTON and DOLLY HOSNER, as Administrators, &c., of NICHOLAS HOSNER, Deceased, Appellants, v. CHARLES HOSNER and others, Respondents.

Order appealed from reversed, with $10 costs, and disbursements. Held, that there was no such proof of bad faith or mismanagement as authorized the costs to be charged upon the administrators personally. (Cunningham v. McGregor, 12 How. Pr., 305 ; Morse v. McCoy, 4 Cow., 551 ; Devoy v. Boyn, 3 Johns., 247 ; Withy v. Mumford, 5 Cow., 141 , note.)