Priester v. Hohloch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Friedericka Hohloch, as administratrix' etc., of Jacob Priester, Jr., deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 24th day of October, 1901, upon the decision of the court rendered after a trial at the Saratoga Special Term overruling a demurrer to the complaint.
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Appeal by the defendant, Friedericka Hohloch, as administratrix' etc., of Jacob Priester, Jr., deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 24th day of October, 1901, upon the decision of the court rendered after a trial at the Saratoga Special Term overruling a demurrer to the complaint. This action is brought by the widow of a deceased lessor to recover rent reserved in a lease executed by him prior to his.death: The complaint, in substance, avers that the plaintiff’s husband…
1Opinion of the Court
Parker, P. J.:
The theory that the plaintiff acquired the right to maintain this action as the assignee of the administrators of her deceased husband cannot be sustained, for the reason that such administrators never themselves acquired any right to the rent in question. It is rent /accruing for the year beginning January 25, 1900, and the lessor had been dead more than a year prior to that date.-. Unless the plaintiff’s claim, that she took this rent under the terms of the lease, can be sustained it passed with the title of the farm to the heirs of such lessor, and they alone could collect…
2Cases cited4 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
- Sullivan v. . SullivanNew York Court of Appeals · 1900
- Fay v. HolloranNew York Supreme Court · 1861
3Cited by4 opinions
- McCarthy v. PieretNew York Court of Appeals · 1939
- Williams v. PostAppellate Division of the Supreme Court of the State of New York · 1913
- Estate of Williams, Superior Court of California, County of San Francisco1895
- Williams v. PostNew York Supreme Court · 1913