Central Park Baptist Church v. Patterson
New York Court of Common Pleas
Action by the Central Park Baptist Church, on the petition of John R. Frazer, against C. Venton Patterson and others. Defendants (appellants) move in the alternative for a reargument, or for leave to appeal to the court of appeals. For decision on appeal, see 30 N. Y. Supp. 248.
1Opinion of the CourtBischoff, J.
The motion for reargument is based upon a contention involving examination into the state of the evidence merely, and appellants’ counsel acknowledges that the point was not presented to the court on argument of appeal. Upon this ground the motion might well be denied (Siegman v. Keller, 6 Misc. Rep. 593, 25 N. Y. Supp. 1148; Geoghegan v. Steamship Co., 6 Misc. Rep. 127, 25 N. Y. Supp. 1110); but, upon the merits of the contention, it is found to be without weight. The claim is that no evidence was given to support the allegation that the petitioner, Frazer, was appointed custodian of the…
2Cases cited2 opinions
- Siegman v. KeelerNew York Court of Common Pleas · 1893
- Geoghegan v. Atlas Steamship Co.New York Court of Common Pleas · 1893