Legal Opinion

Sanitary District v. Phoenix Powder Mfg. Co.

Appellate Court of Illinois

Decided November 16, 1898Published

Bill for an Accounting, etc.—Trial in the Superior Court of Cook County; the Hon. Henry V. Freeman, Judge, presiding. Decree for complainant. Appeal by defendant.

1Opinion of the Court

Mr. Presiding Justice Windes

delivered the opinion of the court.

Appellant assigns three reasons why the decree should be reversed: First, that the giving of the two drafts is shown by the bill and the evidence to have been in payment of appellee’s claim, and therefore there was no lien; second, that the contract between appellant and Weir, McKechney & Company was made prior to the passage of the lien law of June 26,1895, under which appellee claims a lien; and third, that the notice required by the statute was not served upon appellant.

The first contention is not sustained by the allegations…

2Cases cited3 opinions

  1. Hercules Iron Works v. HummerAppellate Court of Illinois · 1893
  2. Hanke v. CobiskeyAppellate Court of Illinois · 1895
  3. Bradford v. Neill & Mahnke Construction Co.Appellate Court of Illinois · 1898

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