New York Supreme Court September 28, 1848 (Brown v. Babcock)

Mason, Justice.

The Plaintiffs in this case have committed an error in sueing the survivors upon this bond, with the administrator of the deceased party; and if they had gone to trial without amendment, must have been non-suited. (1 Tidd’s Pr. 6 and 7; 11 John. E. 18; 1 Dunlap’s Pr. 18; id. 30; 1 Chitty’s PI. 28; id. 34, ed. of 1819; Miner’s Abr., letter D.