Church v. Montgomery

The Superior Court of New York City

Church v. Montgomery

11 Misc. 716, 65 N.Y. St. Rep. 871

CourtThe Superior Court of New York City

DecidedMarch 15, 1895

StatusPublished

This text of 11 Misc. 716 (Church v. Montgomery) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Church v. Montgomery, 11 Misc. 716, 65 N.Y. St. Rep. 871 (N.Y. Super. Ct. 1895).

Pincite

Opinion

Per Curiam.

The- fundamental question in this, case was whether the: plaintiffs owned any property rights in certain chattels. The court below,, on findings sustained by the evidence, determined that the plaintiffs had no such rights. There is, therefore, no. necessity of examining questions of law that might otherwise have arisen.

The. testimony of Mr. Yonderluhe was immaterial to the issues on which the case was decided. It was objected that, he was not an expert as to the matters on which he was examined. His testimony was not that of an expert. He testified as to facts within his knowledge.

Judgment affirmed, with costs.

Present : Sedgwick, Ch. J., McAdam and Beekman, JJ.

Judgment affirmed, with .costs..

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