Legal Opinion

Lawrence v. Cowles

Illinois Supreme Court

Decided June 15, 1852PublishedCited by 16 opinions

This was an action instituted in the Jo Daviess county Circuit Court, to recover the amount of a promissory note for $500, made by the appellant, and payable to the appellee. The declaration is in the usual form, and the pleas were non assumpsit and usury; a demurrer was interposed to the plea of usury, which was sustained by the court.

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This was an action instituted in the Jo Daviess county Circuit Court, to recover the amount of a promissory note for $500, made by the appellant, and payable to the appellee. The declaration is in the usual form, and the pleas were non assumpsit and usury; a demurrer was interposed to the plea of usury, which was sustained by the court. The other branch of the defence to the note on the trial was, that Lawrence, the appellant, agreed to guarantee the payment of an amount not exceeding $500 for one Wellington, and that said note was given merely as collateral security for the payment by…

1Opinion of the CourtTreat, C. J.

This was an action of assumpsit brought by Cowles against Lawrence. The declaration was on a promissory note, made by the defendant to the plaintiff, bearing date at St. Louis, on the 22d day of June, 1847, for $500, at four months, with ten per cent, interest after maturity. The first plea was non assumpsit. The second plea alleged in substance, that the note was made in the State of Illinois, and that the plaintiff corruptly contracted to receive more than six per cent, interest thereon after maturity. The court sustained a demurrer to this plea. The cause was submitted to the court at the…

2Cases cited2 opinions

  1. Cutler v. HowMassachusetts Supreme Judicial Court · 1811
  2. Gambril v. Doe ex dem. RoseIndiana Supreme Court · 1846

3Cited by16 opinions

  1. Eagle Rock Corp. v. Idamont Hotel Co.Idaho Supreme Court · 1938
  2. Ward's Adm'r v. CornettSupreme Court of Virginia · 1895
  3. Holmes v. SmytheIllinois Supreme Court · 1881
  4. Tholen v. DuffySupreme Court of Kansas · 1871
  5. Walker v. AbtIllinois Supreme Court · 1876

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