Bloomington Hotel Co. v. Garthwait
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. George W. Patton, Judge, presiding.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. George W. Patton, Judge, presiding. This is a bill by appellee, Garthwait, for a mechanic’s lien, under the statute of 1895, against the appellant, owner, and Marshall K. Howe, mortgagee, based on a written contract dated October 17, 1901, between appellant, owner, and Garthwait, contractor, providing, among other things, that the contractor should deliver the work “to the owner a complete and finished job * * * on or before the first day of August, 1902;”…
1Opinion of the CourtJustice Carter
Appellant insists in this court, as it did in the Appellate Court, that appellee, Garthwait, is not entitled to a mechanic’s lien against it. Appellee, Garthwait, not only insists that he is entitled to a lien against appellant, but that he is also entitled to a lien against the mortgagee, Howe, and assigned as error the ruling of the Appellate and trial courts holding to the contrary.
The Mechanic’s Lien law of 1895 was in force at the time this contract was entered into. Section 7 of that act (2 Starr & Cur. Stat. 1896, p. 2552,) reads, in part, as- follows : “No contractor shall be allowed…
2Cases cited6 opinions
- Foster v. McKeownIllinois Supreme Court · 1901
- Hartford Deposit Co. v. CalkinsIllinois Supreme Court · 1900
- McDonald v. Patterson & Co.Illinois Supreme Court · 1900
- McIntosh v. SchroederIllinois Supreme Court · 1895
- Joseph N. Eisendrath Co. v. GebhardtIllinois Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Watson Lumber Co. v. GuennewigAppellate Court of Illinois · 1967
- Broncata v. Timbercrest Estates, Inc.Appellate Court of Illinois · 1968
- Edward Edinger Co. v. WillisAppellate Court of Illinois · 1931
- Royal Ornamental Iron, Inc. v. Devon BankAppellate Court of Illinois · 1975
- Watson Lumber Co. v. MouserAppellate Court of Illinois · 1975
8 more not listed; retrieve them via the Exa API.