{
  "id": 2841896,
  "name": "Charles H. Nelson, Appellee, v. First National Bank of La Harpe, Appellant",
  "name_abbreviation": "Nelson v. First National Bank",
  "decision_date": "1913-10-16",
  "docket_number": "",
  "first_page": "349",
  "last_page": "350",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 349"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 225,
    "char_count": 3043,
    "ocr_confidence": 0.534,
    "pagerank": {
      "raw": 9.961721986493819e-08,
      "percentile": 0.5374375108355738
    },
    "sha256": "d828664fb7eff83006a9ab36cd0d44bbdd972cd29b81805f4f8a9d4275ff4e6f",
    "simhash": "1:5db299a4821e9ec8",
    "word_count": 511
  },
  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Charles H. Nelson, Appellee, v. First National Bank of La Harpe, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Thompson\ndelivered the opinion of the court.\n2. Landlord and tenant, \u00a7 343 \u2014priority of landlord\u2019s lien. The lien of a landlord is superior to that of a subsequent chattel mortgage.\n3. Landlord and tenant, \u00a7 352 \u2014enforcement of landlord\u2019s lien as against third persons. Any person who knowingly by purchase or otherwise deprives a landlord of the opportunity of enforcing his lien is guilty of a tort, and the landlord has a right of action for the damages sustained. Case is the proper remedy to enforce such liability, but it must appear that the property or its proceeds have been disposed of so that the lien cannot be enforced against either. \\\n4. Landlord and tenant, \u00a7 348 \u2014when evidence sufficient to show wrongful impairment of landlord\u2019s lien. In an action against a bank to recover damages for appropriating certain corn and its proceeds so as to impair plaintiff\u2019s lien for rent, acts of the bank in procuring a chattel mortgage on all' of tenant\u2019s property and in receiving a check from tenant for corn sold knowing of the plaintiff\u2019s lien, together with other attending circumstances, held sufficient to warrant jury in finding that the bank participated in or authorized the sale of the corn and thereby wrongfully deprived plaintiff of his statutory lien.\n5. Landlord and tenant, \u00a7 348 \u2014admissibility of evidence. In an action to recover damages for appropriating corn upon which plaintiff had a landlord\u2019s lien, a note and chattel' mortgage executed by tenant to defendant held admissible in evidence.\n6. Landlord and tenant, \u00a7 348 \u2014sufficiency of instructions is suit for impairment of landlord\u2019s lien. In an action by a landlord for the impairment of his lien on tenant\u2019s corn, an instruction given for plaintiff stating that it is not required of plaintiff to prove actual fraud or actual fraudulent intent, held to correctly state the law, and instructions requested by defendant held properly refused.",
        "type": "majority",
        "author": "Mr. Justice Thompson"
      }
    ],
    "attorneys": [
      "C. W. Warner, D. E. Mack and George V. Helfrich, for appellant.",
      "Scofield & Califf, for appellee."
    ],
    "corrections": "",
    "head_matter": "Charles H. Nelson, Appellee, v. First National Bank of La Harpe, Appellant.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Landlord And tenant, \u00a7 337 \u2014extent of landlord\u2019s lien. Landlord has a statutory lien upon crops grown or growing upon the demised premises in any year fop the rent that shall accrue during such year, but no specific lien is created or given on any other property of the tenant.\nAppeal from the Circuit Court of Hancock county; the Hon. Harry M. Waggoner, Judge, presiding.\nHeard in this court at the April term, 1913.\nAffirmed.\nOpinion filed October 16, 1913.\nStatement of the Case.\nAction by Charles H. Nelson against First National Bank of La Harpe to recover damages for the appropriation of certain com on which plaintiff had a landlord\u2019s lien for rent. From a judgment in favor of plaintiff for $826.42, defendant appeals.\nC. W. Warner, D. E. Mack and George V. Helfrich, for appellant.\nScofield & Califf, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number"
  },
  "file_name": "0349-01",
  "first_page_order": 373,
  "last_page_order": 374
}