Hadden v. Innes
Illinois Supreme Court
This declaration is in assumpsit, and contained one special count on the following note, to wit: $561. Aurora, June 13th, 1857. One year-after date, we promise to pay to the order of George M. Hadden, five hundred and sixty-one dollars, value received, with ten per cent, after due.
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This declaration is in assumpsit, and contained one special count on the following note, to wit: $561. Aurora, June 13th, 1857. One year-after date, we promise to pay to the order of George M. Hadden, five hundred and sixty-one dollars, value received, with ten per cent, after due. And also the common counts and account stated, ad damnum, $1,000. The defendants filed the plea of general issue in due form, and a plea of set-off in the usual form, and the latter stated (among other things) that the plaintiff before and at the time of the commencement of the said suit, to wit, at the city of…
1Opinion of the Court
Catón, C. J.
The only question in this case is one of pleading. On a general plea of set-off, for money had and received, etc., the defendant offered to prove that he had paid usurious interest on the note. Had he filed a special plea, setting out the facts which he offered to prove, we presume it will not be questioned that he might have had the interest thus paid deducted from the principal of the note. Else nothing could be more easy than to evade the statute of usury. Whenever the usurious interest is paid in advance, the statute would become a dead letter. Such is not the true spirit of…
2Cited by20 opinions
- Blain v. WillsonNebraska Supreme Court · 1891
- Saylor v. DanielsIllinois Supreme Court · 1865
- Gross v. CoffeySupreme Court of Alabama · 1895
- Mitchell v. LymanIllinois Supreme Court · 1875
- Perkins v. ConantIllinois Supreme Court · 1862
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