Legal Opinion

Payne v. Newcomb

Illinois Supreme Court

Decided November 10, 1881PublishedCited by 25 opinions

Writ op Error to the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Livingston county; the Hoñ. Franklin Blades, Judge, presiding.

1Opinion of the CourtJustice Walker

Complainant Mary M. Payne was the owner of about 400 acres of land in Livingston county, and in July, 1867, she and her husband wishing to procure a loan of $2000, applied to Newcomb, a loan agent in Chicago. He loaned them the money, took their note, payable to Herrick Stevens in two years, with ten per cent interest, semi-annually. To secure the loan they executed a trust deed for the land to one Pierce, with the usual power of sale. Complainants subsequently procured other loans from Newcomb, and gave similar notes and trust deeds on the land. When each loan was made, Newcomb deducted from…

2Cases cited8 opinions

  1. Condit v. . BaldwinNew York Court of Appeals · 1860
  2. Rogers v. BuckinghamSupreme Court of Connecticut · 1865
  3. Bell v. . DayNew York Court of Appeals · 1865
  4. Ballinger v. BourlandIllinois Supreme Court · 1877
  5. Cheney v. WhiteNebraska Supreme Court · 1876

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3Cited by25 opinions

  1. Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
  2. Dorothy v. Commonwealth Commercial Co.Illinois Supreme Court · 1917
  3. Ammondson v. RyanIllinois Supreme Court · 1885
  4. State ex rel. Ornstine v. CaryWisconsin Supreme Court · 1905
  5. Hoyt v. Pawtucket Institution for SavingsIllinois Supreme Court · 1884

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