Woodworth v. Huntoon
Illinois Supreme Court
Appeal from the Circuit Court of Kendall county ; the Hon. Madison E. Hollister, Judge, presiding. This was a suit in chancery commenced in the Circuit Court of Kane county, by Erasmus Woodworth and Alvin Wood-worth against James Harvey Huntoon, Edward D. Huntoon, Mary P. Huntoon and Josiah Stevens. The cause was afterward removed into the Circuit Court of Kendall county, upon change of venue.
Read the full summary
Appeal from the Circuit Court of Kendall county ; the Hon. Madison E. Hollister, Judge, presiding. This was a suit in chancery commenced in the Circuit Court of Kane county, by Erasmus Woodworth and Alvin Wood-worth against James Harvey Huntoon, Edward D. Huntoon, Mary P. Huntoon and Josiah Stevens. The cause was afterward removed into the Circuit Court of Kendall county, upon change of venue. It is alleged in the bill that on the 18th day of May, 1857, the complainants borrowed from James Harvey Huntoon the sum of twenty-five hundred dollars for the period of two years, agreeing to pay…
1Opinion of the CourtChief Justice Walker
A careful examination of all the evidence in this record fails to show that Stevens was not a bona fide purchaser of the note without notice of the defense of usury. Brown, who made the purchase as his agent, testifies, that he had no knowledge that the note was tainted with usury. He also testifies that appellant, Alvin Woodworth, solicited him to purchase the note, and assured him it was all right. But the instrument being negotiable and past due, he took it precisely as it was held by his assignor. If Mary P. Huntoon held it free from the defense of usury, he by his purchase succeeded to…
2Cited by18 opinions
- Matson v. AlleyIllinois Supreme Court · 1892
- Bemis v. HornerIllinois Supreme Court · 1896
- Levy v. FordSupreme Court of Louisiana · 1889
- Richter v. BurdockIllinois Supreme Court · 1913
- Keenan v. BlueIllinois Supreme Court · 1909
13 more not listed; retrieve them via the Exa API.