On appeal from the Superior Court of New Jersey, Law Division, Monmouth County.
Ard and Antell. The opinion of the court was delivered by Ard, J.A.D.
Midland Ins. Co. (Midland) appeals a judgment entered against defendants on a recognizance of bail. The recognizance of bail was executed by Leroy Brown, Jr. as principal and Midland as surety. Leroy Brown, Jr. does not appeal.
Although the record in this case consists only of a transcript of the forfeiture hearing dated December 16, 1977, it appears that Brown was charged with breaking and entering with intent to commit larceny; threatening life; atrocious assault and battery and assault with intent to rape. Prior to trial he was released on bail in the amount of $10,000, in which Midland acted in the capacity of surety. Subsequently, Brown was tried and found guilty on all charges, immediately
after which the trial judge increased the bail to $25,000. Brown was thereafter remanded to the Monmouth County Correctional Institute on the same day, March 16, 1977, since he was unable to meet the additional bail requirement.
On July 8, 1977 Brown appeared for sentencing; however, for reasons not indicated in the record, his sentencing was postponed and he was remanded to the jail. Three days later Brown posted the additional $15,000,*fn1 was released and ordered to appear for sentencing on September 16, 1977. He failed to so appear.
Thereafter, the recognizance filed by Midland was ordered forfeited and on November 18, 1977 the county moved for entry of judgment pursuant to R. 1:13-3(b). A cross-motion was filed by Midland to vacate the forfeiture and to exonerate itself from any liability. Subsequently, argument was heard on the motions, and the judge, in an oral opinion, granted the county's, but denied Midland's, motion.
We have no record of what occurred at the time the trial judge raised the bail to $25,000. However, in ruling on the motions, the judge (not the trial judge) was not contradicted when he premised his decision with the statement:
Thus, it appears that defendant Brown obtained his release by supplementing the original $10,000 bond with an additional $15,000.
Appellant's sole argument is that the surety was discharged once defendant was remanded to the county jail and held in ...