Hunter v. Blanchard
Illinois Supreme Court
Oh the 23d of March, 1855, Blanchard filed his petition in the Peoria Circuit Court, against Frederick B. Gunn, Samuel Gates, and Sylvester S. Philley, to enforce a mechanic’s or furnisher’s lien, to the amount of $964.51, against lots 8 in block 1, and 2 in 46, in the town of Chillicothe, in said Peoria county.
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Oh the 23d of March, 1855, Blanchard filed his petition in the Peoria Circuit Court, against Frederick B. Gunn, Samuel Gates, and Sylvester S. Philley, to enforce a mechanic’s or furnisher’s lien, to the amount of $964.51, against lots 8 in block 1, and 2 in 46, in the town of Chillicothe, in said Peoria county. The petition states that on the 1st of July, 1854, Gunn and Gates were partners in business,- and the owners of said lots; that as such they contracted with petitioner to furnish lumber to the above amount, to be used in building on said lots; that this amount was furnished by…
1Opinion of the CourtCaton, J.
The court erred in excluding the testimony of the witness McHeal, offered by the defendants below. Admitting that, as partner with Gunn & Gates, he was liable to Blanchard for this debt, then his interest was against the defendants in this suit; for, if the suit was maintained so as to enforce its collection out of this specific property, he became thereby released from his obligation, as partner, to pay it. If the complainant failed to maintain this suit, he could turn round and sue McHeal, as partner, and collect it from him, the same as if he had never proceeded to enforce his supposed…
2Cited by13 opinions
- R. Haas Electric & Manufacturing Co. v. Springfield Amusement Park Co.Illinois Supreme Court · 1908
- Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
- Rogers-Templeton Lumber Co. v. WelchMontana Supreme Court · 1919
- Compound Lumber Co. v. MurphyIllinois Supreme Court · 1897
- W. P. Fuller & Co. v. RyanWashington Supreme Court · 1906
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