People v. Diemer — 217 N.Y. 603

Majority

p. 603

The People of the State of New York, Respondent, v. John Diemer, Appellant.

Headnote

People v. Diemer, 169 App. Div. 959 , modified.

(Submitted October 20, 1915;

decided January 18, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 4, 1915, affirming a judgment' in favor of plaintiff entered upon a decision of the Kings County Court at a Trial Term without a jury in an action to recover upon a forfeited bail bond. The questions on appeal were as to the sufficiency of the complaint and the propriety of allowing interest.

Thomas C. Whitlock for appellant.

James C. Cropsey, District Attorney (Ralph E. Hem-street and Hersey Egginton of counsel), for respondent.

Judgment modified by striking therefrom the amount allowed for interest upon the recognizances from the date of forfeiture, and as modified affirmed, without costs, on the opinion of Hiscock, J., in People v. Parisi ( 217 N. Y. 24 ).

Concur: Willard Bartlett, Ch. J., Hiscock, Collin, Hogan, Cardozo, Seabury and Pound, JJ.