Proctor v. Tows
Illinois Supreme Court
Appear from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Peoria County; the Hon. N. M. Laws, Judge, presiding. This was a petition by John C. Proctor and Charles W. Tripp, to enforce a lien for materials furnished and labor performed in and about the erection of a dwelling house on a certain lot in the city of Peoria, against Mary Tows and William W. Downing. The defendants are brother and sister.
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Appear from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Peoria County; the Hon. N. M. Laws, Judge, presiding. This was a petition by John C. Proctor and Charles W. Tripp, to enforce a lien for materials furnished and labor performed in and about the erection of a dwelling house on a certain lot in the city of Peoria, against Mary Tows and William W. Downing. The defendants are brother and sister. The title to the lot is in Mrs. Tows, but the building was erected at the immediate instance of Downing, and has been occupied by him as a…
1Opinion of the CourtJustice Scholfield
The material facts in this case are sufficiently set out in the foregoing statement. It will be observed, by reading it, that there is no proof that Mrs. Tows authorized Downing to contract debts in her name, or in anywise to incumber her property. The only semblance of evidence to that effect will be found in the declarations of Downing, testified to by Tripp, and which Downing denies to have been made. Concedijig they were made, they prove nothing, for Mrs. Tows was not present, and is not shown to have ever approved of them or even to have heard of them. An agency can not be proved by the…
2Cases cited5 opinions
- Cadwell v. MeekIllinois Supreme Court · 1855
- King v. LawsonMassachusetts Supreme Judicial Court · 1867
- Cunningham v. HoltonSupreme Judicial Court of Maine · 1867
- Baxter v. HutchingsIllinois Supreme Court · 1868
- Whiteside v. MargarelIllinois Supreme Court · 1869
3Cited by30 opinions
- City of Evanston v. PiotrowiczIllinois Supreme Court · 1960
- Merchants' National Bank v. Nichols & Shepard Co.Illinois Supreme Court · 1906
- Fredrich v. WolfIllinois Supreme Court · 1943
- Pittsburg, Cincinnati, Chicago & St. Louis Railway Co. v. GageIllinois Supreme Court · 1918
- Miller v. ReedAppellate Court of Illinois · 1973
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