Berry v. Kingsbaker

Mr. Presiding Justice Baker

delivered the opinion of the court.

If the defendant had filed with his special plea of usury a plea of set-off he would have had the right to offer evidence to prove the sét-off as well as the usury, but he could not make the defense of usury under a special plea and give evidence to prove a set-off under a notice of special matter. He gave evidence in support of his plea of usury and thereby waived his notice of set-off. Wyatt v. Dufrene, 106 Ill. App. 214, and cases there cited.

Ho doubt where a note is giveji in renewal of another note, upon a proper plea, usury…