Smith v. Powell
Illinois Supreme Court
Writ of Error to the Circuit Court of Scott county; the Hon. Charles D. Hodges, Judge, presiding. This was a bill in chancery, to set aside a judgment at law, and enjoin further proceedings against certain of the complainants.
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Writ of Error to the Circuit Court of Scott county; the Hon. Charles D. Hodges, Judge, presiding. This was a bill in chancery, to set aside a judgment at law, and enjoin further proceedings against certain of the complainants. The bill alleges that the complainants, Green, Carpenter and Crinion, as sureties, and Smith as principal, gave a promissory note to the defendant, Powell, for $1,000, payable one year after date, with interest at 10 per cent., for money loaned Smith; that upon discounting the note, Powell charged and collected of Smith $30 usurious interest, more than specified in the…
1Opinion of the CourtChief Justice Breese
We are at a loss tto perceive any merits whatever in the plaintiff's case, and the court did right in dismissing the bill, as there is not a seinbl~nce of equity in it.
While we do not say a court of chancery should never open a judgment on application of sureties to let in a defense of usury, the fact in this case so clearly appearing, that the complainants did not consult their principal when process was served upon them, for the purpose of ascertaining the exact character of the transaction, or attempt, in any way, to make a defense at law, taken in connection with the character of the…
2Cases cited3 opinions
- Dickerman v. BurgessIllinois Supreme Court · 1858
- Lucas v. SpencerIllinois Supreme Court · 1861
- Albro v. DaytonIllinois Supreme Court · 1862
3Cited by10 opinions
- Cantwell v. JohnsonSupreme Court of Missouri · 1911
- Reed v. New York National Exchange BankIllinois Supreme Court · 1907
- Hollister v. SobraIllinois Supreme Court · 1914
- Grossman v. DavisAppellate Court of Illinois · 1904
- Sullivan v. NiehoffAppellate Court of Illinois · 1888
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