Puterbaugh v. Farrell

This was assumpsit, in the Peoria circuit court, on a promissory note. The defense was usury, and tried by the court without a jury. The court found for the plaintiff the amount of the note and interest, and rendered judgment therefor. Defendant appeals.

The case turned upon the point, was this note for a new loan, or for the balance due on the first loan? If the first, then it was claimed the transaction was usurious.

The defendant held the affirmative of the issue, and was bound to maintain it by a preponderance of evidence. The plaintiff was called as a witness by defendant, and he stated…