Balter v. County of Wyoming

— Order unanimously reversed, with costs, and plaintiff’s motion for summary judgment granted. Memorandum: Plaintiff delivered $5,000 to defendants as bail for one Frank Smith and received a bail deposit receipt; subsequently defendant Weyer returned $2,500 of this deposit to plaintiff upon reduction of Smith’s bail. When criminal charges against Smith were dismissed, plaintiff requested a return of the remaining deposit which was refused; plaintiff obtained a court order for the return of the bail to him. After this order plaintiff requested defendant Weyer to return the bail, which he has…