People v. Cohn — 23 N.Y. St. Rep. 631

Majority

p. 631

The People v. Johnson & Cohn.

(New York Common Pleas, General Term,

Filed April 1, 1889.)

Headnote

Bail—Sureties on bond — When judgment against will be discharged.

Where the principal has been surrendered by his bail after forfeiture, and is convicted and sentenced to imprisonment upon the charge against him, judgment against the sureties will be discharged

J. B. Fellows, for the people; B. J. Douras, for def’ts.

As the principal was surrendered by his bail after the forfeiture, and was convicted and sentenced to imprisonment upon the charge against him, I am in favor of granting this application to discharge the judgment. We cannot, however, make provision for the return of the $100 alleged to have been paid to the chamberlain without the certificate of the latter, showing that he has received that money. Such certificate may be presented with the order to be signed in this appHcation.

Larremore, Oh. J., and Van Hoesen, J., concur.