Perkins v. Conant
Illinois Supreme Court
The plaintiff below, Loren Perkins, commenced his suit against the defendant in the Kane Circuit Court, in an action of trespass on the case upon promises, and filed his declaration at the Hay term, 1861, for money had and received. The declaration contains one special count and the usual common counts. Damages laid at $800. Defendant plead the general issue; the case was tried at February term, 1862, before the court, a jury having been waived by both parties.
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The plaintiff below, Loren Perkins, commenced his suit against the defendant in the Kane Circuit Court, in an action of trespass on the case upon promises, and filed his declaration at the Hay term, 1861, for money had and received. The declaration contains one special count and the usual common counts. Damages laid at $800. Defendant plead the general issue; the case was tried at February term, 1862, before the court, a jury having been waived by both parties. The court rendered a judgment for defendant. Plaintiff excepted, and moved for a new trial.
1Opinion of the CourtWalker, J.
This record presents the question whether the mortgagor may maintain an action to recover back usurious interest, collected by a sale of the mortgaged premises, under a power of sale contained in the mortgaged deed. It appears, that one hundred and forty dollars of usury was inserted in the note, which, with ten per cent, interest thereon for two years, would amount to the sum of one hundred and sixty-eight dollars of usury received by defendant in error. Something more than two years after the maturity of the note, the mortgagee proceeded to sell the land, had it bid off by Acres, conveyed…
2Cases cited1 opinion
- Hadden v. InnesIllinois Supreme Court · 1860
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- Chicago Trust & Savings Bank v. AndersonAppellate Court of Illinois · 1901
- Edgell v. HamCourt of Appeals for the Fifth Circuit · 1899
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