Domhoff v. Paul Stier, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gerhard Domhoff, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 26th day of December, 1911, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Queens County Trial Term, and also from an order entered in said clerk’s office on the 19th day of January, 1912, denying the plaintiff’s motion for a new trial…
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Appeal by the plaintiff, Gerhard Domhoff, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 26th day of December, 1911, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Queens County Trial Term, and also from an order entered in said clerk’s office on the 19th day of January, 1912, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
Plaintiff appeals from a judgment of nonsuit in an action for trespass upon real property. The evidence upon the part of plaintiff was not presented in the clearest manner possible, but from it we think that the following facts may be adduced:
The premises in question, consisting of about seven acres, and known as the Eing farm, after the death of Frederick Eing were leased by his executors, by virtue of power and authority in his will, to George Bunneke for a term to expire July 1, 1901, at a rent of $600 per annum, payable in monthly installments. Bunneke entered into possession,…
2Cases cited5 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Van Brunt v. SchenckNew York Supreme Court · 1814
- Bristor v. . BurrNew York Court of Appeals · 1890
- Norton v. Arvernam Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Oglesby v. StodghillSupreme Court of Georgia · 1857
3Cited by3 opinions
- Steinfeld v. MorrisAppellate Division of the Supreme Court of the State of New York · 1939
- Allied 31st Avenue Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1967
- Farrer v. PiecuchNew York Supreme Court · 1952