Geller v. Seixas

—This action is brought to recover the proceeds of the sale of two cargoes worth about 60,000 francs, intrusted to the defendant in a fiduciary capacity ; and he asks to be discharged from the arrest, upon the ground that before the action was brought he entered into an agreement with the plaintiff’s agent at Caraccas, by the terms of which his indebtedness was to be paid in five annual instalments of §1,000 each, and the balance, §8,000, when his circumstances would permit; the first of which payments will not be due until February next.

The affidavit upon which the arrest was ordered is…