Barstow v. McLachlan

Citations

• 99 Ill. 641
• 1881 Ill. LEXIS 219

Syllabus

<p>1. Mechanic’s lien — when petition shows an assignment. The mere bringing of a suit to enforce a mechanic’s lien for the use of another, is not tantamount to an averment of an assignment of the claim to such person, so as properly to present the question whether the lien is assignable.</p> <p>2. Same — not released by the appointment of a receiver. The mere appointment of a receiver under a creditor’s bill against one entitled to a mechanic’s lien, with an order to make an assignment to him, where none is shown to have been made, and the receiver has made no claim to the debt, will not operate to release the lien.</p> <p>3. Limitation — must be pleaded to avail. The Statute of Limitations must be pleaded or relied on by answer to entitle a defendant to its benefit.</p> <p>4. Same — of six months — against mechanics lien. A purchaser under a deed of trust intervening in a proceeding to enforce a mechanic’s lien against the same premises, who answers, making no objection that the beneficiary under the trust deed was not made a party, but only the trustee, can not afterwards take advantage of the omission to make the beneficiary a party within six months from the time the debt matured for which a lien is sought.</p> <p>5. Contract — when payment in property becomes a money demand. A stipulation in a contract for services to pay a certain sum in hardware, on default of payment when due becomes an obligation to pay the amount named in money.</p>