Ballinger v. Bourland
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. J. W. Cochran, Judge, presiding. On the 23d day of November, 1868, John Ballinger and wife made their deed of trust of eight hundred acres of land, in Livingston county, in this State, to Benjamin L. T. Bourland, to secure the payment of $17,000, borrowed money, to the iEtna Life Insurance Company, at Hartford, Conn., on the 1st day of January, 1874, with ten per cent per annum interest, payable on the 1st day of…
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Appeal from the Circuit Court of Peoria county; the Hon. J. W. Cochran, Judge, presiding. On the 23d day of November, 1868, John Ballinger and wife made their deed of trust of eight hundred acres of land, in Livingston county, in this State, to Benjamin L. T. Bourland, to secure the payment of $17,000, borrowed money, to the iEtna Life Insurance Company, at Hartford, Conn., on the 1st day of January, 1874, with ten per cent per annum interest, payable on the 1st day of January in each year. Default having been made in payment of the interest due January 1, 1871, and there being a provision in…
1Opinion of the CourtJustice Sheldon
All the foundation which there appears to be for the charge of usury in the loan of $17,000 from the insurance company is, that the loan was obtained by Ballinger, through the agency of Bourland, who resided at Peoria, in this State, and that Bourland charged Ballinger a commission of five per cent on the amount for effecting the loan, and $100 for going to Chicagand procuring there a release of the premises from a prior mortgage incumbrance upon them of $16,000, which charges Ballinger paid to Bourland. There appears but the simple transaction itself, without any pretense, by the testimony,…
2Cases cited3 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Rogers v. BuckinghamSupreme Court of Connecticut · 1865
- Condit v. BaldwinNew York Supreme Court · 1855
3Cited by16 opinions
- Kling v. GhilarducciIllinois Supreme Court · 1954
- Payne v. NewcombIllinois Supreme Court · 1881
- Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
- Vahlberg v. KeatonSupreme Court of Arkansas · 1889
- Hoyt v. Pawtucket Institution for SavingsIllinois Supreme Court · 1884
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