Austin v. Jackson, ex dem. Kimber
1 Wend. 27 | N.Y. Sup. Ct. | 1828
By the Court,
The death of the lessor of the plaintiff does not abate the suit. (Frier v. Jackson, 8 Johns. R. 495.) The excuse offered will be received so far as to permit a new stipulation on payment of costs; otherwise the motion must be granted.