Sheppard v. Wood
Appellate Court of Illinois
Assumpsit, on a promissory note. Trial in the Circuit Court of Moul- ■ trie County; the Hon. Edward P. Vail, Judge, presiding. Verdict for plaintiff on balance of note after deducting usury, etc., and judgment accordingly. Appeal by plaintiff.
1Opinion of the CourtJustice Harker
This is a suit upon a promissory note for $333.50, executed by appellees to M. T. Sheppard and assigned by him to appellant before maturity. The defense interposed was that the note was a renewal of former notes given on a contract for a usurious rate of interest, and that appellant had notice of the usury before taking the note. The defense prevailed and judgment was recovered for $159 only. The usury is admitted and the only question submitted for our consideration is whether appellant had notice of it.
The evidence shows that M. T. Sheppard is a banker at Lovington, Illinois; that appellant…
2Cases cited2 opinions
- Boyd v. YerkesAppellate Court of Illinois · 1888
- First National Bank v. DunbarAppellate Court of Illinois · 1886
3Cited by1 opinion
- Libby v. PelhamIdaho Supreme Court · 1917