Sommer v. Sommer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Helena Sommer, from two separate judgments of the Supreme Court in favor of the defendants, Frederick W. Sommer and Josephine Vogel, respectively, entered in the office of the clerk of the county of New York oii the 16th day of July, 1902, after a trial at the New York Special Term, dismissing the complaint upon the merits.
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Appeal by the plaintiff, Helena Sommer, from two separate judgments of the Supreme Court in favor of the defendants, Frederick W. Sommer and Josephine Vogel, respectively, entered in the office of the clerk of the county of New York oii the 16th day of July, 1902, after a trial at the New York Special Term, dismissing the complaint upon the merits. After filing the return on this appeal the plaintiff died, and an order was thereupon duly entered reviving the appeal herein in favor of Elizabeth Monday, as executrix of the last will and testament of said deceased, and substituting her as…
1Opinion of the Court
Hatch, J.:
At the time of making the contract the wife had brought 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 that she was successful, pro*436cured a permanent award of alimony. It wás, therefore, to the substantial benefit of the defendant to procure a discontinuance of that action, as by so doing he would relieve himself from…
2Cases cited3 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
- Train v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
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- Bowden v. BowdenCalifornia Supreme Court · 1917
- Goldfield Mohawk Mining Co v. Frances-Mohawk Mining & Leasing Co.Nevada Supreme Court · 1910
- Wise v. CohenAppellate Division of the Supreme Court of the State of New York · 1906
- Lacks v. LacksNew York Court of Appeals · 1963