Fuentes v. Mayorga

Citations

• 7 Daly 103

Syllabus

<p>An application to vacate an order of arrest, under § 204 of the Code of Civil Procedure (old), providing that a defendant may so apply at “ any time before judgment,” may be made after the rendition of a verdict in the action, and before the entry of the judgment thereon.</p> <p>The plaintiff consigned goods for sale to one H., and he turned them over to a firm of which he was a member, at the same time disclosing the plaintiff’s ownership, and the goods were sold by the firm. Held, that the transaction established no relation of personal trust or confidence between the plaintiff and the partners of H., and that in an action for a failure to pay over the proceeds of the sale, they were not liable to arrest under § 179, subd. 2, of the Code of Civil Procedure (old), as having received money in a fiduciary capacity.</p>