Gottlieb v. Glazier ( 1898 )

Per Curiam.

The 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.

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

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

Judgment affirmed, with costs.