Sommer v. Sommer
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Helena Sommer against Frederick W. Sommer and another. From judgments for costs entered in favor of each defendant on a decision of the court, plaintiff appealed. After the appeal, plaintiff died, and the appeal was thereupon revived in favor of Elizabeth Monday, as executrix of plaintiff’s last will and testament. Affirmed in part, and reversed in part.
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Appeal from Special Term, New York County. Action by Helena Sommer against Frederick W. Sommer and another. From judgments for costs entered in favor of each defendant on a decision of the court, plaintiff appealed. After the appeal, plaintiff died, and the appeal was thereupon revived in favor of Elizabeth Monday, as executrix of plaintiff’s last will and testament. Affirmed in part, and reversed in part. The action is brought to enforce the following agreement: “Whereas differences have lately existed between the said Frederick W. Sommer, and the said Helena Sommer, his wife, which resulted…
1Opinion of the CourtHatch, J.
At the time of making the contract the wife- had Drought an action for separation, and the defendant Sommer prior thereto had brought an action for an absolute divorce, and, upon a trial had, was defeated. The action for separation remained pending. In that action .the plaintiff might have procured from the court an award of alimony and counsel fee, and, in the event she was successful, procured a permanent award of alimony. It was therefore to the substantial benefit of the defendant to procure a discontinuance of that action, as by so doing he would relieve himself from contingent liability…
2Cases cited4 opinions
- Adams v. . AdamsNew York Court of Appeals · 1883
- Reynolds v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Shaffer v. MartinAppellate Division of the Supreme Court of the State of New York · 1897
- Train v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Tyson v. TysonArizona Supreme Court · 1944
- Bowden v. BowdenCalifornia Supreme Court · 1917
- Goldfield Mohawk Mining Co v. Frances-Mohawk Mining & Leasing Co.Nevada Supreme Court · 1910