New York Court of Appeals March 24, 1870 (Levin v. . Russell)

Grover, J.

The counsel for the appellant insists that the defendant having taken the property as public administrator of the city of Eew York in good faith, believing that it was the property of the intestate at the time of his death, no action will lie personally against him therefor, although the property was the plaintiff’s, and not that of the intestate. In this the counsel is mistaken.