In re Finck

Van Vorst, J. —

The judgment, upon which the execution was issued under which the defendant is imprisoned, does not materially involve the petitioner in any moral guilt or establish that his proceedings have not been just and fair. It is true that the complaint in the action charged the defendant with having wrongfully converted the plaintiff’s bonds, and with fraud and deceit in respect thereto ; yet, in the end, the learned judge before whom the trial was had, held that the defendant was liable as a partner with Bushnell, who had tortiously taken the bonds, and that the position of Bushnell…