Martin v. Swift
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. Edgar D. Swift was the contractor for building three houses, one for Julia A. Slater, one for John W. Moore, and one for Stewart L. Moore. Martin & Co. were sub-contractors, and furnished materials for the construction of each building.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. Edgar D. Swift was the contractor for building three houses, one for Julia A. Slater, one for John W. Moore, and one for Stewart L. Moore. Martin & Co. were sub-contractors, and furnished materials for the construction of each building. Not having received their pay from Swift, Martin & Co. served the notice required in such case, on each of the owners of the premises, and afterwards filed their petition" in each of the…
1Opinion of the CourtJustice Sheldon
We are of opinion the demurrer was rightly sustained to the petition to proceed no further in the suits, but to dismiss them. The statute relating to liens provides for a mechanic’s lien in favor of a sub-contractor, as well as in favor of the original contractor. Section 42 of the act is as follows: “Upon entering into a contract to do any work or furnish materials for which a lien might accrue, under section 1 of this act, if the contractor will enter into a bond with the owner, for the use of all persons who may do work or furnish materials pursuant to such contract, conditioned for the…
2Cited by9 opinions
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- Stewart-McGehee Construction Co. v. Brewster & Riley Feed Manufacturing Co.Supreme Court of Arkansas · 1926
- Risse v. Hopkins Planing Mill Co.Supreme Court of Kansas · 1895
- Hahn v. GatesAppellate Court of Illinois · 1902
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