Bartlett v. Sutorius

The only question necessary to consider upon this appeal is whether the complaint states facts sufficient to show that the defendant was liable to an order of arrest.

The allegation of the complaint is that the plaintiff shipped certain goods consigned to the defendant, then his .agent in New York, to sell for cash or on thirty days’ credit; *24that the defendant received said goods on account of plaintiff, and thereafter sold the same, with the exception of a small amount, and that the defendant has collected the proceeds of such sale, and has neglected, and still neglects, and refuses to render…