Horowitz v. Harris

. Levy, J. (dissenting).

I dissent. The complaint in the prior action alleged that defendant therein had sold tickets on behalf of the *237plaintiff for admittance to certain religious services, and had received moneys therefor which he had declined to turn over to the plaintiff. Section 826, subdivision 8, of the Civil Practice Act provides that an order of arrest may be granted where the action is brought “ to recover for money received, * * * where it is alleged in the complaint that the money was received * * * by a factor, agent, broker, or other person in a fiduciary capacity.” It is…