Legal Opinion

Schwarz v. Kuhn

City of New York Municipal Court

Decided September 4, 1912Published

Action by Simon I. Schwarz and another against August Kuhn. Judgment for defendant.

1Opinion of the Court

SCHMUCK, J..To a clear understanding of the present status of this litigation a narration of its history is quite essential. Originally this suit was instituted to recover upon a lien filed by the plaintiffs as architects in charge of the construction of the premises of the defendant. In addition to a general denial of the plaintiffs’ claim, the defendant interposed a counterclaim founded upon a breach of contract. Upon the first trial the court dismissed both the complaint and the counterclaim. Dissatisfied with such result, the defendant appealed from the dismissal of the counterclaim,…

2Cases cited8 opinions

  1. House v. . LockwoodNew York Court of Appeals · 1893
  2. Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
  3. Mayor, Aldermen & Commonalty of New York v. BradyNew York Court of Appeals · 1897
  4. Straus v. BuchmanAppellate Division of the Supreme Court of the State of New York · 1904
  5. Lennon v. . SmithNew York Court of Appeals · 1891

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