Legal Opinion

Hamilton v. Coogan

New York Court of Common Pleas

Decided April 2, 1894PublishedCited by 5 opinions

Appeal from special term. Action by John L. Hamilton and others against James J. Coogan and another to foreclose a mechanic’s lien on premises known as 225 and 227 Sixth avenue. Front a judgment in favor of plaintiffs for $65,122.83, defendants appeal. Affirmed.

1Opinion of the CourtDaly, C. J.

The plaintiffs agreed to erect a building for the defendants, and to receive “for such work as compensation the cost of labor and material used therein, and 10 per cent, added thereto as profit.” The plaintiffs did the carpenter work at a cost for labor and materials of $18,193.30, but the other portions of the work they sublet to various contractors, whose bills amount to $93,294.57; and plaintiffs’ whole demand was the total of these two sums, being $111,487.87, with 10 per cent, added thereto,— $11,148.78. The defendants resist this claim upon the ground that the bills of the…

2Cases cited3 opinions

  1. Kenney v. . ApgarNew York Court of Appeals · 1883
  2. Kelly v. . BloomingdaleNew York Court of Appeals · 1893
  3. Cream City Furniture Co. v. SquierNew York Court of Common Pleas · 1893

3Cited by5 opinions

  1. Dale Benz, Inc., Contractors, an Arizona Corporation v. American Casualty Company of Reading, PennsylvaniaCourt of Appeals for the Ninth Circuit · 1962
  2. First National Bank of New York v. Bankers Trust Co.New York Supreme Court · 1934
  3. D. C. Edwards & Co. v. FisherCourt of Appeals of Texas · 1980
  4. Churchill v. AndersonDistrict Court, W.D. Kentucky · 1955
  5. Carrico v. City & County of San FranciscoCalifornia Court of Appeal · 1960

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