Gescheidt & Co. v. Bowery Savings Bank

The lease from defendant bank to defendant Hutchison approved certain specified alterations, but provided that no further structural changes should be made without the bank’s consent. Under the circumstances the trial court was justified upon the proof adduced in awarding plaintiff a mechanic’s lien for the original work, and in refusing to award a mechanic’s *267lien for the additional alterations ordered by Hutchison. However, credit should have been given to the bank for the partial payments made by Hutchison. Where neither the debtor nor- the creditor elects to apply a payment to one of two…