Mosier v. Norton
Illinois Supreme Court
Appeal from the Circuit Court of Henry county; the Hon. Geo. W. Pleasants, Judge, presiding. This was a bill filed by Timothy Hosier, against David Horton, Hiram Bigelow and others, to foreclose a mortgage given by Horton and wife to the complainant, to secure the payment of a note for $6000, dated Hovember 4, 1857, payable two years after date, with ten per cent annual interest.
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Appeal from the Circuit Court of Henry county; the Hon. Geo. W. Pleasants, Judge, presiding. This was a bill filed by Timothy Hosier, against David Horton, Hiram Bigelow and others, to foreclose a mortgage given by Horton and wife to the complainant, to secure the payment of a note for $6000, dated Hovember 4, 1857, payable two years after date, with ten per cent annual interest. The bill also claimed the sum of $2782.50 paid for redemption of the land from a sale under a prior mortgage given by Horton, together with ten per cent interest from the time of redemption, the 4th day of August,…
1Opinion of the Court
Hr. Justice Scott
delivered the opinion of the Court:
The point most contested in this case is, whether the note secured by the mortgage sought to be foreclosed is usurious. Defendants charge the note was “ executed' and delivered in pursuance of a fraudulent, corrupt, illegal and usurious agree-, ment,” but it is apprehended this general charge amounts to nothing unless facts are alleged showing wherein the usury consists. Dunham v. Tucker et al. 40 Ill. 519; Frank v. Morris, 57 id. 138.
An attempt is made to state in what the usury consists, but the allegations in the answer in this regard are…
2Cases cited8 opinions
- Steere v. HoaglandIllinois Supreme Court · 1866
- Moss v. McCallIllinois Supreme Court · 1874
- Moore v. TitmanIllinois Supreme Court · 1867
- Bressler v. McCuneIllinois Supreme Court · 1870
- McConnel v. HolobushIllinois Supreme Court · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Maher v. LanfromIllinois Supreme Court · 1877
- Goodwin v. BishopIllinois Supreme Court · 1893
- Aldrich v. AldrichAppellate Court of Illinois · 1931
- Jenkins v. GreenbaumIllinois Supreme Court · 1880
- Clark v. FinlonIllinois Supreme Court · 1878
24 more not listed; retrieve them via the Exa API.