
    Charles S. Schwartz, Appellant, v. Morris Marks et al., Respondents.
    (Supreme Court, Appellate Term,
    December, 1906.)
    Municipal Courts — Review — Decision — Alternative judgment in action for conversion.
    In an action for conversion, where plaintiff is entitled to a money judgment only, an alternative judgment, for possession of the property converted or a money judgment, will be modified on appeal by making it a money judgment for the correct amount with costs.
    
      Appeal by the plaintiff from a judgment of the Municipal Court of tjie city of Yew York, second district, borough of The Bronx, rendered in favor of the plaintiff.
    Clocke & Clocke, for appellant.
    S. N. Freedman, for respondents.
   Per Curiam.

Appeal by the plaintiff from a judgment rendered in his favor against the defendants. The action was brought for the recovery of $124.96 as damages for the conversion of 104 window sashes. The court rendered judgment in the following terms: Plaintiff to have possession of the property, or defendants to.pay plaintiff $124.96 damages, $3 costs, $2.72 prospective costs, and $15 extra costs, making a total of $145.68.” The conversion of the property and the damages were proved, and the plaintiff was entitled to a money judgment simply for $124.96 and the proper costs.

The judgment is reversed and judgment is directed for plaintiff for the sum of $124.96, together with three dollars costs and two dollars and seventy-two cents prospective costs and the costs of this appeal.

Present: Gildeesleeve, Fitzgebald and Davis, JJ.

Judgment reversed and judgment directed for plaintiff for $124.96 together with three dollars costs and two dollars and seventy-two cents prospective costs and costs of this appeal.  