
    Juda L. Gottlieb, Appellant, v. Samuel Glazier, Respondent.
    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.
    
      Action on a judgment heretofore recovered in the above-mentioned court by the plaintiff above-named, against the defendant herein, for a conversion of personal property, and which contained a provision that the defendant therein was subject to arrest and imprisonment.
    The pleadings were oral, and the answer a general denial.
    The trial justice in rendering judgment in favor of the plaintiff refused to insert therein a provision similar to the one contained in the original judgment, whereupon the plaintiff appealed to this court.
    Jacob Rieger, for appellant.
    No appearance for respondent.
   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.  