Legal Opinion

Constant v. Matteson

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 42 opinions

About the month of July, 1857, Miller and Scott, doing business as partners, in St. Louis, Missouri, filed two bills in the Circuit Court of Sangamon county.

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About the month of July, 1857, Miller and Scott, doing business as partners, in St. Louis, Missouri, filed two bills in the Circuit Court of Sangamon county. One against Thomas D. Wickersham and Joel A. Matteson, and the other against Thomas D. Wicker-sham and Archibald E. Constant, respectively alleging in each : That on or about the 29th day of October, 1856, they sold to Thomas D. Wickersham, a bill of goods, wares and merchandise, for the purpose of furnishing and fitting up a hotel, in the city of Springfield, known as the St. Nicholas Hotel. The bill . amounted to $1,505.26. That…

1Opinion of the CourtWalker, J.

This is a contest amongst the creditors of Wickersham, for priority in the distribution of a fund produced by sale of chattels, upon which they claim to have liens. It is insisted that Miller and Scott have a lien upon this fund, to the extent of their claim against Wickersham, by reason of a mortgage given by him, on this property, on the 12th day of December, 1856, to Matteson and Constant, to secure them against liabilities they had incurred for him, and to indemnify them against the payment of Miller and Scott’s claim, which they then proposed to secure to Miller and Scott by indorsing…

2Cited by42 opinions

  1. Ritter v. RitterIllinois Supreme Court · 1943
  2. St. Joseph Hospital v. Corbetta Construction Co.Appellate Court of Illinois · 1974
  3. Hutchinson v. HutchinsonIllinois Supreme Court · 1894
  4. Dixon v. PeopleIllinois Supreme Court · 1897
  5. Wilson v. ClayburghIllinois Supreme Court · 1905

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