Gottlieb v. Glazier

Appellate Terms of the Supreme Court of New York

Decided December 15, 1898

Appellate Terms of the Supreme Court of New York · decided 1898-12-15

Appeal by the plaintiff from a judgment of the Municipal Court of the city of Eew York, borough of Manhattan, fifth district, rendered in his favor against the defendant upon a trial had before the court without a jury.

Relies on Gutta Percha & Rubber Manufacturing Co. v. Mayor

Decided 1898-12-15

Per Curiam.

¶1The action being on contract, i. e., a judgment, and not in tort as upon the original cause of action, the plaintiff was not entitled to an execution against the person, and the justice, therefore, properly refused to insert such a provision in the judgment under review. - Gutta Percha Co. v. Mayor, 108 N. Y. 276.

¶2The judgment must, therefore, be affirmed, with costs.

¶3Present: Beekmae, P. J., Gildebsleeve and Gieqebich, JJ.

¶4Judgment affirmed, with costs.