Benneson v. Thayer
Illinois Supreme Court
This was a proceeding on the part of the plaintiffs in error to enforce a mechanics’ lien for work done and materials furnished for William B. Thayer, and to hold the lot on which the improvements were made for the payment of their claim. A settlement was made between the parties, and a note of the firm of S. and W. B. Thayer was given in payment of the balance due.
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This was a proceeding on the part of the plaintiffs in error to enforce a mechanics’ lien for work done and materials furnished for William B. Thayer, and to hold the lot on which the improvements were made for the payment of their claim. A settlement was made between the parties, and a note of the firm of S. and W. B. Thayer was given in payment of the balance due. Afterwards S. and W. B. Thayer failed ; and the lot in question was sold under a trust deed, and Flagg and Savage became the purchasers. The remaining facts are sufficiently stated in the opinion. The case was tried before Sibley,…
1Opinion of the Court
Oaton, 0. J. .
The question in this case is, whether the complainants took the note of S. and W. B. Thayer, in payment and satisfaction of the claim for which this suit is brought. All the evidence on this point is contained in testimony of Segar, and is in substance this: That he was clerk and book keeper of S. and W. B. Thayer; that on the eighteenth day of September, 1857, Corrill, one of the plaintiffs, came to the business office of said S. and W. B. Thayer, to make a settlement with them, and brought an account of the plaintiffs against said William B. Thayer, amounting to $815.77, and…
2Cited by2 opinions
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- Croskey v. CoreyIllinois Supreme Court · 1868