Robbins v. Arendt
New York Court of Common Pleas
Appeal from city court, general term. Action by Arthur J. Bobbins and Frank W. Bobbins against Simon Arendt, Julius Lipman, and Moses Kind, impleaded with John W. Hutton, to foreclose a mechanic’s lien. From a judgment of the general term of the city court (20 N. Y. Supp. 992) affirming a judgment of the special term in favor of plaintiffs, defendants appeal.
1Opinion of the CourtBookstaver, J.
This action was commenced in the city court to foreclose a mechanic’s lien filed against the property on the northeast comer of Amsterdam avenue and Ninety-First street, in this city. It was brought on the theory that the defendant Arendt, as the owner of the property, consented to the furnishing of the materials, and to the improvement of his property thereby, and that, inasmuch as such owner had made no contract with anybody for the furnishing of the labor and materials^ he was liable to the plaintiffs by reason of such consent. This theory was maintained with much ingenuity both on the…
2Cases cited17 opinions
- Ombony v. . JonesNew York Court of Appeals · 1859
- Rollin v. . CrossNew York Court of Appeals · 1871
- Larkin v. . McMullinNew York Court of Appeals · 1890
- Cheney v. . WoodruffNew York Court of Appeals · 1871
- Gibson v. . LenaneNew York Court of Appeals · 1883
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3Cited by2 opinions
- Mosher v. LewisNew York Court of Common Pleas · 1894
- Harrigan v. GoldenAppellate Division of the Supreme Court of the State of New York · 1899