Culver v. Fleming
Illinois Supreme Court
Culver v. Fleming, 61 Ill. 498 (Ill. 1871)
Culver v. Fleming
Opinion of the Court
This suit was instituted by virtue of the provisions of “An act amendatory of the mechanic’s lien law,” approved April 5th, 1869. The law was complied with in the giving of the notice required.
We think it may be fairly inferred, from the evidence, that the owner of the building had funds in his hands belonging to the contractor at the time of the notice. His liability follows, as a matter of law.
The judgment is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- John Culver v. George Fleming
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Mechanic’s lien—action by siib-contractor. Where a sub-contractor gives notice to the owner of the building, according to the act of 1869 amendatory of the mechanic’s lien law, and the proof shows that such owner had funds in liis hands belonging to the contractor at the time of the notice, he will be liable in an action by the snb-contractor to recover wages due him for labor on the building.