Schultz v. Cohen
The Superior Court of the City of New York and Buffalo
Appeal from municipal court. Action by William Schultz against Simon Cohen. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtHatch, J.
The only question presented by counsel for the court’s consideration on this appeal is that the contract sued upon is void by the statute of frauds. The complaint sets forth a cause of action for materials furnished, and work, labor, and services performed, by plaintiff for defendant, at his request, in and about the building of a house at 23 Union street, in the city of Buffalo. The answer is a general denial. Upon the trial, defendant sought to amend his answer by a plea of the statute of frauds. This was denied, and the case is therefore to be disposed of on the issue as originally framed.…
2Cases cited5 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Crane v. . PowellNew York Court of Appeals · 1893
- Wells v. . MonihanNew York Court of Appeals · 1891
- King v. DespardNew York Supreme Court · 1830
- Devlin v. WoodgateNew York Supreme Court · 1861
3Cited by1 opinion
- Lupean v. BrainardAppellate Division of the Supreme Court of the State of New York · 1897