Legal Opinion

House v. Davis

Illinois Supreme Court

Decided September 15, 1871PublishedCited by 6 opinions

Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding.

1Opinion of the CourtJustice ThorntoN

The bill was filed in this case to enjoin the collection of a judgment at law, and charging usury in the notes upon which the judgment was founded.

The consideration of the notes consisted of money borrowed and property purchased, of House, and he sold the notes to one Phileo. It is alleged that usury forms a large portion of the amount of the notes.

The usury was abundantly proved, and is indeed conceded by both parties. The bill charged that Phileo, the assignee, before the maturity of the notes, had notice of the usury, and confederated with House to cover it up. The evidence is too slight…

2Cases cited3 opinions

  1. Hadden v. InnesIllinois Supreme Court · 1860
  2. Woodworth v. HuntoonIllinois Supreme Court · 1865
  3. Saylor v. DanielsIllinois Supreme Court · 1865

3Cited by6 opinions

  1. Wheelock v. BerkeleyIllinois Supreme Court · 1891
  2. Anthon State Bank v. BernardSupreme Court of Iowa · 1922
  3. New England Mortgage Security Co. v. AugheNebraska Supreme Court · 1882
  4. Culver v. OsborneIllinois Supreme Court · 1907
  5. Lobdell v. WilliamsAppellate Court of Illinois · 1930

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