The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-08-16
THRESHING OUT
THE LIEN LAW


a brief of fifteen pages has been
fled by Magoon & Weaver for Nellie /
h. Hustace, owner, against whom and
" r. Davis, contractor, Lucas Brothers
have an action of assumpsit and en-
forcement of mechanics ana material
mems lien pending. It opens with
statement that the right to such
lien depends upon the statute and
contract with the owner without
the statute there can be no lien. With
out the contract there can be no lien
If these two propositions are kept in
mind it will not be difficult to decide
this question, for the principles con-
trolling them are well established
AS previously reported the case
turns on whether the conditions of the
contract shall be binding, which stipu
late that the lumber should be bought
from Allen & Robinson, quality and
price being as good as could be had
from others, and that no subcontract-
or's lien should be recognized by the
owner Defendants brief quotes a
great many cases from different states
and sets up the following among other
points
III our statute conHned the amount
! for which a subcontractor could file
his lien to the unpaid balance due on
the contract, we could have no OBJ
lection whatever, as it would be i'm
e mererial to us whether we paid the
contractor of the subcontractor. -
~ Plaintiffs contention that even if the
20 subcontractor knew of the prohibition
- against liens in the contract he would
. still have the right to lien, it is sub
mitted, lis without any merit what
ever"
"To say that the liability of the
u, owner cannot be affected by the con.
tract is to say that the owner who con-
IL templates building house is unable
to protect himself from ruin at the
hands of an INSCRIPTIONS or inefficient
u contractor
1t is contended that the great weight
of authority is to the effect that where
y the contract provides that there shall
be no lien the subcontractor is bound
thereby. A host of authorities are
& cited and the brief proceeds to say:
"The subcontractor' rights must be
"a controlled by the original contract. He
is conclusively presumed TO know the
contents of the same. He cannot have
and greater rights than the contractor
It is not as though it We're difficult TO
| him to ascertain what his rights are
Some states require that the contrac
ed he recorded-this is only a statutor
form of constructive notice. 1t i
easier and simpler for the subcon
5. tractor or materialmen to call for tn
ed contract"
fl An Illustration is given Of the injur
that might be done to an owner if
lis subcontractor proceeded to erect
ac- building costing far more than the on
described in the contract, and the brie
10 goes on to say:
:, IF we look at this case from tn
-. common sense standpoint and from tn
-. standpoint of natural right and justice
- the owner has done everything she ca
ar be called upon to do to protect tn
materialmen. She has taken bon
mo in their favor and all they have to d
ba is to sue upon it. If they did not loo
Mi. at the terms of the bond o, securit
the they could have said So 1t is too LAT
yer now for them to complain
zen OBSERVATION-DISCLOSURES
ing House of Representatives Champ Clarl
for Booker T. Washington, Fanny Crosb,
lso and Fred B. Smith, general secretar
ma of the Young Mems Christian Associi
ton, of New York The Hawaiian de
ing egate was cordially received and wa
ties very much impressed with everythin
red he saw on his trip, which was tn
the first he had made to the Unite
ing States
DOCTOR PRAISES, D. D. D.
4 lnH C