McCauley v. Hatfield
New York Supreme Court
Action by Charles R. McCauley against William A. Hatfield and others for work done and materials furnished. Judgment for defendants.
1Opinion of the CourtSmith, J.
This plaintiff furnished certain material and performed certain labor upon premises owned by the defendant Hatfield, under a contract with the defendant McCaffrey, who was lessee of the premises. The lease contained no covenant by the *649lessor to repair. It has been found as a fact that the lessor knew that the improvements were being made, and acquiesced therein. The question remaining for the decision is whether such knowledge and acquiescence on the part of the owner constitutes the con- ' sent required by the statute in order to charge the property of the owner. In Ross v. Simon, 8 N. Y.…
2Cases cited9 opinions
- Burkitt v. . HarperNew York Court of Appeals · 1879
- Otis v. . DoddNew York Court of Appeals · 1882
- Schmalz v. . MeadNew York Court of Appeals · 1891
- Husted v. . MathesNew York Court of Appeals · 1879
- Ross v. SimonCity of New York Municipal Court · 1889
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3Cited by2 opinions
- Vosseller v. SlaterAppellate Division of the Supreme Court of the State of New York · 1898
- Smith v. Vara, New York County Courts1930