{
  "id": 2898802,
  "name": "Berkshire Warehouse Company, Appellee, v. Hilger & Company et al., on appeal of Edward Hines Lumber Company, Appellant",
  "name_abbreviation": "Berkshire Warehouse Co. v. Hilger & Co.",
  "decision_date": "1914-12-21",
  "docket_number": "Gen. No. 20,234",
  "first_page": "49",
  "last_page": "50",
  "citations": [
    {
      "type": "official",
      "cite": "190 Ill. App. 49"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 226,
    "char_count": 2652,
    "ocr_confidence": 0.559,
    "sha256": "f17c7f444d215587a9c93f749fd6427c40ef2d80abf761732c4dd2b29d8cc0d1",
    "simhash": "1:47f367e7b937b2b8",
    "word_count": 440
  },
  "last_updated": "2023-07-14T20:39:36.956740+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Berkshire Warehouse Company, Appellee, v. Hilger & Company et al., on appeal of Edward Hines Lumber Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Brown\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Brown"
      }
    ],
    "attorneys": [
      "Adams, Crews, Bobb & Wescott, for appellant.",
      "Mayer, Meyer, Austrian & Platt, for appellee."
    ],
    "corrections": "",
    "head_matter": "Berkshire Warehouse Company, Appellee, v. Hilger & Company et al., on appeal of Edward Hines Lumber Company, Appellant.\nGen. No. 20,234.\n(Kot to be reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in this court at the March term, 1914.\nAffirmed.\nOpinion filed December 21, 1914.\nStatement of the Case.\nSuit by the Berkshire Warehouse Company, a corporation, against Hilger & Company, a corporation, and various other defendants for the determination and settlement of various mechanics\u2019 liens. The Edward Hines Lumber Company filed an intervening petition or answer asserting its right to a lien to the amount of $857.59, on the premises, for lumber furnished the general contractors, Hilger & Company, and used in constructing certain improvements for the complainant. From a decree dismissing the intervening petition of said Edward Hines Lumber Company, for want of equity, it appealed.\nAbstract of the Decision.\n1. Appeal and eeeob, \u00a7 1325 \u2014when findings of lower court are :presumed true. Findings of a master and court which are not attacked below or in the assignments of error will be assumed to be true on appeal.\n2. Mechanics\u2019 liens, \u00a7 94*\u2014when notice of material man must he given. Under section 24 of the Mechanics\u2019 Lien Act, (J. & A. If 7162) a notice of the furnishing of materials \u201cmay\" be given at any time after the subcontractor or party furnishing labor or materials has made his contract, but such notice \u201cshall\u201d be given within sixty days after the completion thereof.\n3. Mechanics\u2019 liens, \u00a7 90*\u2014what is effect of contractor\u2019s statement to owner as to liens. Under section 27 of the Mechanics\u2019 Lien Act, (J. & A. U 7165) a subcontractor whose name is omitted from a statement by the original contractor, such as is required by section 5, even though the statement is false and defective because of such omission, cannot enforce a claim or lien against an innocent owner who has not in his hands sufficient money due or to become due the original contractor to satisfy both such claims, and all the claims which have not been so omitted from the contractor\u2019s statement, unless he can show that before the payments to the contractor or subcontractors named in the scheduled statement, which have caused the deficiency, he has served such a notice as is provided for by section 24 of the Act (J. & A. If 7162).\nAdams, Crews, Bobb & Wescott, for appellant.\nMayer, Meyer, Austrian & Platt, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0049-01",
  "first_page_order": 71,
  "last_page_order": 72
}