Majority
p. 839GODDIN v. BUTLER. HOCKADAY v. SAME. (Supreme Court, Appellate Term. December 21, 1905.) Argued before SCOTT, P. J., and BISCHOFF and MacLEAN, JJ.
Headnote
Judgment-—Recitals—Areest of Defendant.Where it is shown upon oath and without controversy that defendant has converted to his own use money received by him "in a fiduciary capacity, plaintiff is entitled to have the judgment recite that defendant is subject to arrest and imprisonment.
[Ed. Note.—For cases in point, see vol. 30, Cent, Dig. Judgment, § 409.]
Appeal from Municipal Court, Borough of Manhattan, Third District.
Separate actions by Edmund B. Goddin and by William H. Hocicada)'' against Richard H. Butler. From certain orders entered in each, plaintiffs appeal.
Modified.
Adelma H. Burd, for appellants.
Among other things, these appeals are virtually applications for modification, under section 354 of the Municipal Court act (Laws 1903, p. 1563, c. 580), of the judgments by "insertion of the statement that the defendant is subject to arrest and imprisonment, to which statement the respective plaintiffs were severally entitled upon the verified and uncontroverted showing that the defendant had converted to his own use money received by him in a fiduciary capacity.
Judgments .''ever ally modified by insertion of a statement in each that the defendant is subject to arrest and imprisonment, and, as so modified, affirmed, without costs on this appeal.