Horace Waters & Co. v. Gerard

O’Brien, P. J. (dissenting):

The amount for which the lien was claimed included an under a-written lease, and the first criticism to be made of the defendant’s position is that, having asserted a lien for a greater amount than she was entitled to receive and having demanded that sum as a condition of returning the piano to its true owner, her lien, being thus vitiated in part, became vitiated in whole.

If we pass this over and take the view that she had a claim as an innkeeper for the board of Mrs. Carlisle for part of the and that this was not waived by demanding more, the question still…