Legal Opinion

Marshall v. Cohen

New York Court of Common Pleas

Decided February 4, 1895Published

Appeal from judgment on report of referee. Action by Albert B. Marshall against Benjamin F. Cohen to foreclose a mechanic’s lien. There was a judgment in favor of plaintiff, and defendant appeals.

1Opinion of the CourtBookstaver, J.

This action is brought by the plaintiff to foreclose a mechanic’s lien on certain real estate in the city New York, and recover the balance claimed to be due upon a contract for mason work in building a house and stable on the premises, and for extra work. The defendant interposed a twofold defense: First, he denied the making of any contract with the plaintiff for mason work on his buildings, or the performance of any extra work; and, secondly, he alleges the employment by him of the plaintiff to draw plans and specifications for the erection of the dwelling house and barn, and that the…

2Cases cited6 opinions

  1. Otis v. . DoddNew York Court of Appeals · 1882
  2. Husted v. . MathesNew York Court of Appeals · 1879
  3. Post v. . CampbellNew York Court of Appeals · 1881
  4. Mosher v. LewisNew York Court of Common Pleas · 1894
  5. Piser v. StearnsNew York Court of Common Pleas · 1856

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