29 N.Y. St. Rptr. 503

The People v. Henry Goltze et al.

(New York Common Pleas, General Term,

Filed February 10, 1890.)

Recognizance—Forfeiture—Recovery of money paid on.

Where a judgment, entered upon a forfeited recognizance, has been vacated, a motion to require the repayment of moneys paid to satisfy the same may he made on notice to the district attorney, and a certified copy of the order discharging the recognizance, and proof of the deposit of the moneys. A certificate of the comp ¡roller that the moneys were deposited is not necessary.

*504Motion to require the return of moneys paid on a forfeited recognizance.

A. P. Fitch, for motion; J. B. Fellows, opposed.

Per Curiam.

Judgment on the forfeited recognizance was vacated and directed to be cancelled of record by the May (1889) general term of this court, 24 N. Y. State Rep., 1009, but through inadvertence the defendant failed to incorporate in his order a direction to the comptroller to repay him the amount of the judgment. Discovering the mistake, an application was made to the November general term to cure it, but on that application the defendants faded to give notice to the district attorney, and also-failed to produce a certified copy' of the order discharging the recognizance. In a memorandum made at the time the defendant was also directed to procure a certificate of the comptroller that the amount had been deposited with him. 28 N. Y. State Rep., 180. The defendant has now complied with all of these requirements except the production of the certificate from the comptroller, which he says the comptroller refuses because he has no authority to give the same, and it is not customary to do so, and in this we-think he is right The fact, however, of the payment of the money to him is apparent from the papers, and we think the plaintiff should have an order directing the comptroller to pay to the defendant or his attorney the amount of the forfeited recognizance, $800,. but not the amount of the costs of entering judgment, $42.60.

Ordered accordingly.

Larremore, Oh. J., Bookstaver and Bischoff, JJ., concur.

People v. Goltze
29 N.Y. St. Rptr. 503

Case Details

People v. Goltze
Decision Date
Feb 10, 1890

29 N.Y. St. Rptr. 503

New York



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