
    Thomas N. Bayles, Respondent, v. Frederick J. Wagner, Appellant and Stephen Bowe, Respondent, Impleaded with Another.
    
      Bayles v. Wagner, 163 App. Div. 973, affirmed.
    (Argued November 23, 1917;
    decided December 11, 1917.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 26, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien. The complaint alleged that the appellant was the owner of real estate at Smithtown Branch, Suffolk county, N. Y.; that the plaintiff sold and delivered to the defendant Joseph Mulvey material of the value of $473.66; that the material was used by him with the appellant’s knowledge in improving the aforesaid property; that the plaintiff received on account $18.87, and that within ninety days after furnishing the material he filed his notice of hen for $454.89 due him. The answer of the defendant Stephen Bowe averred inter alia that at the special instance and request of the defendant Joseph Mulvey, he performed labor of the agreed price and reasonable value of $378.70 in improving the property aforementioned with the knowledge and consent of the appellant; that he received $325.62, and that he duly filed a notice of lien for the sum of $53.08 still owing to him. The answer of the appellant put in issue the material allegations of the complaint.
    
      
      Goodman Block and Milton Mayer for appellant.
    
      Livingston Smith for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Cuddeback, Hogan, Pound, McLaughlin and Andrews, JJ.  