
    Farmers and Mechanics Bank v. Gaither.
    If the plaintiff he a trustee, the Court will not permit him to become non-pros, without the consent of the cestui que trust, if the latter will give security to indemnify the plaintiff from costs.
    
      Mr. C. Cox, for the plaintiffs,
    moved to strike off this suit; that is, to become non-pros.
    
    
      Mr. Marbury, conlrá.
    
    The notes of Gaither had been indorsed to the plaintiffs by W. W. Corcoran & Co., as collateral security for their debt to the plaintiffs, and, having paid their debt to the plaintiffs, W. "W. C. & Co. directed the plaintiffs to pay over the proceeds, when collected, to Thomas Corcoran; which they agreed to do. Thomas Corcoran, therefore, has an interest in the proceeds of this suit, as security for his responsibility for W. W. Corcoran & Co. The plaintiffs have no interest in the suit, except as to the costs.
    
      Mr. Key, conlrá.
    
   The Court (Morsell, J., not sitting in the cause,) refused to permit the plaintiffs to strike off the suit, upon Mr. Thomas Cor-coran’s giving security to indemnify the plaintiffs against the costs.  