{
  "id": 2944657,
  "name": "Chicago & Riverdale Lumber Company, Defendant in Error, v. Edward P. Quinliven, Plaintiff in Error",
  "name_abbreviation": "Chicago & Riverdale Lumber Co. v. Quinliven",
  "decision_date": "1917-02-19",
  "docket_number": "Gen. No. 22,550",
  "first_page": "166",
  "last_page": "167",
  "citations": [
    {
      "type": "official",
      "cite": "204 Ill. App. 166"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:53e3e315102d10f4",
    "word_count": 424
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  "last_updated": "2023-07-14T20:49:07.214052+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Chicago & Riverdale Lumber Company, Defendant in Error, v. Edward P. Quinliven, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.\n2. Mechanics\u2019 liens, \u00a7 73 \u2014when subcontractor is not estopped to sue owner and contractor. A subcontractor is not estopped to sue the owner of a building and a contractor having a contract for the remodeling thereof by the conduct of his agent where the owner, after notice of the subcontractor\u2019s claim, pays the contractor within ten days after delivery of materials to him, without deducting the subcontractor\u2019s claim, although an agent of the subcontractor had previously told the owner to make such payment to the contractor and notify him, which the owner had done.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "Timothy J. Fell, for plaintiff in error; Herman P. Haase, of counsel.",
      "Archibald Cattell, for defendant in error; Carl A. Waldron, of counsel."
    ],
    "corrections": "",
    "head_matter": "Chicago & Riverdale Lumber Company, Defendant in Error, v. Edward P. Quinliven, Plaintiff in Error.\nGen. No. 22,550.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Mechanics\u2019 liens, \u00a7 73 \u2014when payment by owner to contractor is in fraud of subcontractor\u2019s claim. In an action under section 28 of the Mechanic\u2019s Lien Law (J. & A. \u00b6 7166), against the owner of a building and a contractor for work and materials in remodeling the building to recover the. price of materials sold to such contractor, where the owner, after notice of the plaintiff\u2019s claim, paid the contractor, within ten days after the plaintiff had delivered the materials to him, the full amount due the contractor under their contract without deducting the price of such materials due the plaintiff, and without taking a contractor\u2019s statement under the statute, held that such payment was in fraud of the plaintiff\u2019s claim.\nError to the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in this court at the October term, 1916.\nAffirmed.\nOpinion filed February 19, 1917.\nStatement of the Case.\nAction by Chicago & Riverdale Lumber Company, a corporation, plaintiff, against Edward P. Quinliven et al., defendants, under section 28 of the Mechanic\u2019s Lien Law (J. & A. ([ 7166), to recover the price of lumber sold to a general contractor to be used in remodeling the defendant Quinliven\u2019s house under a contract between him and said contractor, who were sued jointly in said action. From a judgment for plaintiff for $370.07 upon a directed verdict, defendant Quin-liven, by order of severance, alone brings error.\nTimothy J. Fell, for plaintiff in error; Herman P. Haase, of counsel.\nArchibald Cattell, for defendant in error; Carl A. Waldron, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section numb'er."
  },
  "file_name": "0166-01",
  "first_page_order": 192,
  "last_page_order": 193
}