Ferenga v. Moskowitz

The opinion of the court was delivered by

Bergen, J.

The plaintiff caused defendant to be arrested and held to bail based on an order for bail allowed by a Supreme Court’ commissioner. Instead of giving a bond, with surety, defendant deposited, as the statute permits, cash to the amount of bail fixed by the commissioner, which was paid to the clerk of the court, filed his answer to the complaint, and defended on the merits against plaintiff’s claim, which resulted in a judgment for plaintiff, who then obtained a rule to show cause why the deposit should not be applied towards the judgment so…