Congdon v. Cook
Supreme Court of Minnesota
Appeal by defendant, Levi L. Cook, from an order of the District Court of Hennepin County, Charles M. Pond, J., made January 27, 1893, denying his motion for a new trial. On October 13, 1887, defendant Cook leased to Byron Towne the premises on the southwest corner of Hennepin Avenue and Fourth Street in Minneapolis, one hundred and twenty three (123) feet front on the Avenue by one hundred and eighteen (118) feet deep.
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Appeal by defendant, Levi L. Cook, from an order of the District Court of Hennepin County, Charles M. Pond, J., made January 27, 1893, denying his motion for a new trial. On October 13, 1887, defendant Cook leased to Byron Towne the premises on the southwest corner of Hennepin Avenue and Fourth Street in Minneapolis, one hundred and twenty three (123) feet front on the Avenue by one hundred and eighteen (118) feet deep. Tbe lease was for the term of five years with the privilege of renewal for another term of ten years. Towne agreed to pay all taxes and assessments on the property and $10,000…
1Opinion of the CourtVandeRbubgh, J.
Section 5 of the general lien law of 1889 was, in my judgment, clearly intended to include within its provisions the owners of leased lands improved by a lessee, with the limitation only that the lien therein provided should not extend to “repairs” by, or at the instance of, the lessee. There is nothing in the section that would warrant the court in excepting lessors from the class of owners therein referred to. The language is: “Every building or other improvement * * * erected, constructed, * * * or repaired upon any land with the knowledge of the owner of such land, or of any person…
2Cases cited6 opinions
- Burkitt v. . HarperNew York Court of Appeals · 1879
- West Coast Lumber Co. v. NewkirkCalifornia Supreme Court · 1889
- Brown v. BeattyMississippi Supreme Court · 1857
- Wheaton v. BergSupreme Court of Minnesota · 1892
- Loonie v. . HoganNew York Court of Appeals · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Berglund & Peterson v. AbramSupreme Court of Minnesota · 1921
- Nasseff v. SchoeneckerSupreme Court of Minnesota · 1977
- Wallinder v. WeissSupreme Court of Minnesota · 1912
- Fauser v. McElroySupreme Court of Minnesota · 1923
- Minneapolis Plumbing Co. v. Arcade Investment Co.Supreme Court of Minnesota · 1914
2 more not listed; retrieve them via the Exa API.