Eames v. Mayo
Appellate Court of Illinois
Appeal from the County Court of Cook county; the Hon. Mason B. Looms, Judge, presiding. May 1, 1878, Eames demised to Gustorf & Company certain premises situated in Chicago, with engines, boilers, etc., from that date to April 1, 1879, for the rent of $1300, payable in monthly payments of $108.33 on the first day of each month.
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Appeal from the County Court of Cook county; the Hon. Mason B. Looms, Judge, presiding. May 1, 1878, Eames demised to Gustorf & Company certain premises situated in Chicago, with engines, boilers, etc., from that date to April 1, 1879, for the rent of $1300, payable in monthly payments of $108.33 on the first day of each month. Gustorf & Co. entered into occupation under the lease, which gave Eames, in express terms a first and valid lien upon all the goods and chattels of lessees as security for the rent, and the right to distrain for rent accruing and unpaid. January 20, 1879, two months…
1Opinion of the CourtMcAllister, J.
If the fact were material in the decision of this case, we should say that the clear preponderance of the evidence is to the effect that the distress warrant issued by Eames, the landlord, for rent in arrear from his tenants, Gustorf & Co., was levied before any possession was attempted to be taken of the goods and chattels in question by Mayo, the assignee of Gustorf & Co., under the voluntary assignment made on the same day by the latter to him. In Dod v. Monger, 6 Mod. 215, it was declared as law by Lord Holt, that if a landlord come into a house and seize upon some goods as a distress in…
2Cases cited2 opinions
- O'Hara v. JonesIllinois Supreme Court · 1867
- Hadden v. KnickerbockerIllinois Supreme Court · 1873
3Cited by4 opinions
- St. Anthony & Dakota Elevator Co. v. Bottineau CountyNorth Dakota Supreme Court · 1900
- Haines v. ChandlerAppellate Court of Illinois · 1887
- Downey v. Chicago Title & Trust Co.Appellate Court of Illinois · 1900
- Yates v. DodgeAppellate Court of Illinois · 1887