Congress Construction Co. v. Farson & Libbey Co.
Illinois Supreme Court
Appeal from th e Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an action, brought on October 5,1898, in the circuit court of Cook county by Charles E. Payne, assignee of the Parson & Libbey Company, insolvent, against the Congress Construction Company, appellant herein.
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Appeal from th e Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an action, brought on October 5,1898, in the circuit court of Cook county by Charles E. Payne, assignee of the Parson & Libbey Company, insolvent, against the Congress Construction Company, appellant herein. The declaration, which was in assumpsit, consisted of the common counts, and was filed on October 7, 1898. Therein the plaintiff describes himself as Charles E. Payne, assignee of the Parson & Libbey…
1Opinion of the Court
Mr. Chief Justice
Magruder delivered the opinion
of the court:
This suit was originally commenced by Charles E. Payne, assignee of the Parson & Libbey Company, insolvent, against the appellant, the Congress Construction Company, to recover the amount due for work done and material furnished under the contract of September 17, 1895, set out in,the statement preceding this opinion. After the filing of the plea of puis darrein continuance, set out in said statement, an amended declaration was filed, wherein the Parson & Libbey Company, appellee herein, for the use of William Wilson, was made…
2Cases cited5 opinions
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Milwaukee Mechanics' Insurance v. SchallmanIllinois Supreme Court · 1900
- McDowell v. TownIllinois Supreme Court · 1878
- Mims v. SwartzTexas Supreme Court · 1873
- Chandler v. FrostIllinois Supreme Court · 1878
3Cited by3 opinions
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- Sommer v. DexterAppellate Court of Illinois · 1937