Safford v. Vail
Illinois Supreme Court
The.declaration contains, first, a count on promissory note, for $720, made by defendants payable to the order of plaintiff, and by him ordered to be paid to himself. Note dated 5th February, 1857: One year after date at ten per cent, after due. Also the common counts. Pleas filed: 1st. General issue by both defendants to whole declaration. 2nd. As to $220 of said promissory note.
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The.declaration contains, first, a count on promissory note, for $720, made by defendants payable to the order of plaintiff, and by him ordered to be paid to himself. Note dated 5th February, 1857: One year after date at ten per cent, after due. Also the common counts. Pleas filed: 1st. General issue by both defendants to whole declaration. 2nd. As to $220 of said promissory note. That the $720 note was given for $500, borrowed two years before, and twenty per cent, per annum, interest amounting to $220, and for no other consideration. Defendants, by leave of the court, withdrew the general…
1Opinion of the CourtWalker, J.
The sustaining of the demurrer to appellant’s special plea, is assigned as error. It was a plea of usury interposed as a defense to two hundred and forty dollars of the note sued on, in this cause. And it alleges that on the fifth day of February, 1856, appellee agreed with one Henry Stephens to loan to him five hundred dollars, and that Stephens should give his note for six hundred dollars; that in pursuance of such corrupt and usurious agreement, he executed his note due one year after date, with appellant, Franklin Safford, his security thereon, for that sum, in consideration of the loan…
2Cases cited2 opinions
- Morse v. HoveyNew York Court of Chancery · 1841
- Thompson v. ThompsonMassachusetts Supreme Judicial Court · 1811
3Cited by7 opinions
- Union National Bank v. International BankIllinois Supreme Court · 1888
- Maher v. LanfromIllinois Supreme Court · 1877
- Drew v. Skeena Lumber Co. Ltd.Supreme Court of Minnesota · 1930
- Carter v. MosesIllinois Supreme Court · 1864
- Dickerson v. HendryxIllinois Supreme Court · 1878
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