—We think the order should be affirmed. The case in 14 How. Hr., 408, was one in which the checks were received in satisfaction of the debt.
The character of the indebtedness was not changed by taking security, which was afterwards accepted in part payment. The residue of the claim was still of a fiduciary character, and the defendant liable to arrest.
Order affirmed.
Present, Clerke, P. J. Ingraham and Leonard, JJ.