Higgins v. Ferguson
Illinois Supreme Court
The facts will be found stated in the opinion of the court. The cause was heard before Mark Skinner, Judge, at March term, 1853, of the Cook County Court of Common Pleas, on bill, answer, and proofs, and a judgment was rendered for the complainants, affirming the lien, for the value of the lumber sold to enable Maloney to construct the building. Higgins thereupon took an appeal.
1Opinion of the CourtTreat, C. J.
The case shows this state of facts. Maloney applied to Ferguson and Williamson to purchase lumber for the purpose of erecting a house on a certain lot in Chicago, of which he claimed to be the owner. Higgins represented to Ferguson and Williamson that Maloney was the owner of the lot; and- on the faith of his declarations, they let Maloney have the lumber. It was taken away by Higgins, and a portion of it was put into a house erected by him on the lot. The lot was, in fact, owned by Higgins; and Maloney never had any interest, legal or equitable, in it.
The question is, Have Ferguson and…
2Cited by8 opinions
- Schwartz v. SaundersIllinois Supreme Court · 1867
- Anderson v. ArmsteadIllinois Supreme Court · 1873
- Mellor v. ValentineSupreme Court of Colorado · 1877
- Nonotuck Silk Co. v. LevyAppellate Court of Illinois · 1898
- E. J. Post & Co. v. MilesNew Mexico Supreme Court · 1893
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