Ottiwell v. Muxlow
New York Court of Common Pleas
Appeal from special term. Action by John D. Ottiwell against Jane B. Muxlow, Herbert H. Muxlow, James O. Watkins, Peter A. H. Jackson, Jenkin Jones, and Lawrence A. Thole, to foreclose a mechanic’s lien upon the “Coliseum Rink,” a building standing on land belonging to defendant Jackson, but which he had leased to defendant Jane B. Muxlow, and which she had sublet to defendant Watkins. The court decreed a lien against Watkins and Jane B. Muxlow. Mrs. Muxlow alone appeals.
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Appeal from special term. Action by John D. Ottiwell against Jane B. Muxlow, Herbert H. Muxlow, James O. Watkins, Peter A. H. Jackson, Jenkin Jones, and Lawrence A. Thole, to foreclose a mechanic’s lien upon the “Coliseum Rink,” a building standing on land belonging to defendant Jackson, but which he had leased to defendant Jane B. Muxlow, and which she had sublet to defendant Watkins. The court decreed a lien against Watkins and Jane B. Muxlow. Mrs. Muxlow alone appeals. Laws 27. Y. 1885, c. 342, § 1, gives a mechanic’s lien for work done or materials furnished “with the consent of the…
1Opinion of the CourtBookstaver, J.
The main question on this appeal is whether the appellant, as superior landlord of the premises, is liable for the improvements and repairs made on them under contracts with her lessee. This depends on whether these improvements or .repairs were made with appellant’s consent, within the meaning of section 1, c. 342, Laws 1885. What that word, as there used, means, we think well stated by the learned judge who tried the case, when he said: “Consent implies a degree of superiority; at least, the *519power of preventing. It implies not merely that a person accedes to, but authorizes, an act;” citing…
2Cited by5 opinions
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- Nicholas v. PorterIndiana Supreme Court · 1914
- Ross v. SimonNew York Court of Common Pleas · 1890
- Regan v. BorstNew York Court of Common Pleas · 1895