Holmquist v. Bavarian Star Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah L. Holmquist, as administratrix, etc., of Diadema Sommer, deceased, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the defendant, entered in the office of the clerk of said court on the 16th day of November, 1894, upon the decision of the court rendered after a trial at a Special Term of said court dismissing the complaint upon the merits.
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Appeal by the plaintiff, Sarah L. Holmquist, as administratrix, etc., of Diadema Sommer, deceased, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the defendant, entered in the office of the clerk of said court on the 16th day of November, 1894, upon the decision of the court rendered after a trial at a Special Term of said court dismissing the complaint upon the merits. The action was originally brought by Sebastian Sommer, as administrator of the goods, etc., of his mother, Diadema Sommer, deceased, to recover a balance of rent alleged to be due…
1Opinion of the Court
O’Brien, J.:
It will be found that many of the interesting legal questions here presented have been already satisfactorily disposed of. The learned judge in his opinion overruling the demurrer to the complaint in this action (26 N. Y. Supp. 865) says: “A widow entitled to dower, who joins with the heirs in a lease of the real estate for a term of years, becomes vested, as against the tenant, with all the rights of a lessor, and her title to the premises and to the rents cannot be disputed by him. Her right of dower gives her an interest in the land which is capablé of being sold, transferred…
2Cases cited4 opinions
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- Payne v. . BeckerNew York Court of Appeals · 1881
- Pope v. . MeadNew York Court of Appeals · 1885
- Sommer v. Bavarian Star Brewing Co.New York Court of Common Pleas · 1894