Article on a foreclosure case against the New-York Theatre

“The New-York Theatre in Court Again.—A suit was brought in the Court of Common Pleas in this city; on March 29^th, by Messrs. A. and W. Chapin against Alexander T. Stewart, for the foreclosure of a mechanics lien against the New-York Theatre for materials furnished in fitting up the building, at the request of H.D. Davis, who had an agreement in writing with Stewart, dated November 30, 1865…All the issues in action were referred to Mr. J.S. Bosworth to hear, try and dispose of the same. The following extract from his opinion refers directly to the settlement:—“This case, if I understand it, presents the naked question whether a lessee, with the priviledge of making alterations at his own cost and expense, with a view to the better adaptation of the premises to the business for which they were rented, is the agent of the lessor, in making such alterations, so that a lien for the agreed price therefor can be imposed upon the lessor’s interest in the premises thus disposed of. In my view of the statute this question must be answered in the negative. In this view the complaint should be dismissed with costs to the defendant, Stewart.”