Mohawk & Hudson River Humane Society v. County of Saratoga

Kellogg, H. T., J.

The plaintiff by its agents assisted in procuring evidence which resulted in the indictment of one Harry Martin for the crime of attempted rape upon a child under the age of fourteen. Cash bail was furnished and, upon the non-appearance of the defendant at the trial, was duly forfeited to the county of Saratoga. This action is brought to recover the amount of the forfeit, upon the theory that the prosecution was instituted by the plaintiff and is, therefore, recoverable under section 491 of the Penal Law. That section reads as follows:

“ Fines to be paid to society for…