Baumann v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 21, 1917, in so far as such judgment determines that plaintiff is not entitled to recover in this action certain damages on account of trespass upon land. The facts found by the trial justice are in substance: The plaintiff and one Johanna Baumann are husband and wife.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 21, 1917, in so far as such judgment determines that plaintiff is not entitled to recover in this action certain damages on account of trespass upon land. The facts found by the trial justice are in substance: The plaintiff and one Johanna Baumann are husband and wife. On or about April 14th, 1908, the plaintiff by devise under the will of his father became the owner of a piece of land of about ten acres, and his wife Johanna Baumann under a devise in the same will became…
1Opinion of the CourtHogan, J.
The land owned by plaintiff’s wife was by permission of the latter worked by plaintiff in connection with the plot of land owned by him and he received the entire proceeds of the two pieces of land. The relation between the wife and husband as to the plot of land owned by the wife was that of landlord and tenant, the plaintiff being a tenant at will. (Harris v. Frink, 49 N. Y. 24.) As between a landlord and his tenant, the latter in the absence of some contractual provision to the contrary has an exclusive right to the control and possession of the leased premises and may defend such…
2Cases cited7 opinions
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
- Harris v. . FrinkNew York Court of Appeals · 1872
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
- Miller v. Edison Electric Illuminating Co.New York Court of Appeals · 1906
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3Cited by11 opinions
- 487 Elmwood, Inc. v. HassettAppellate Division of the Supreme Court of the State of New York · 1985
- Stovern v. Town of CalmarSupreme Court of Iowa · 1927
- In re the Estate of ReillyNew York Surrogate's Court · 1937
- Harby Associates, Inc. v. SeaboyerAppellate Division of the Supreme Court of the State of New York · 1981
- Mchale v. StateNew York Court of Claims · 1950
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