Clemens v. Crane
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. ' Matilda M. Clemens filed a claim in the probate court of Cook county against the estate of Gustav A. Bode for $7000, which that court disallowed. 'The claimant appealed to the circuit court, and upon a hearing before that court without a jury the full amount of the claim was allowed and judgment…
Read the full summary
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. ' Matilda M. Clemens filed a claim in the probate court of Cook county against the estate of Gustav A. Bode for $7000, which that court disallowed. 'The claimant appealed to the circuit court, and upon a hearing before that court without a jury the full amount of the claim was allowed and judgment rendered against the estate, to be paid in due course of administration. Theresa M. Crane, administratrix of Gustav A.…
1Opinion of the CourtJustice Vicicers
The sole question in this case is whether the contract between appellee and appellant’s intestate is usurious.
Usury is defined to be an illegal profit required and received by a lender of a sum of money from the borrower. (Blackstone, 156; Bouvier’s Law Diet.) I To constitute usury, in contemplation of law, the following essential elements must be present: (1) There must be a loan or forbearance; (2) the loan must be of money or something circulating as money; (3) it must be re-payable absolutely and at all events; (4) something must be exacted for the use of the money in excess of and in…
2Cases cited9 opinions
- Orvis v. . CurtissNew York Court of Appeals · 1899
- Meaker v. . FieroNew York Court of Appeals · 1895
- Reeve v. StrawnIllinois Supreme Court · 1852
- Robbins v. LaswellIllinois Supreme Court · 1862
- Cheney v. RoodhouseIllinois Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Terry Trading Corp. v. BarskyCalifornia Supreme Court · 1930
- Rizzo v. RizzoIllinois Supreme Court · 1954
- Andrews v. CramerAppellate Court of Illinois · 1993
- Central Republic Trust Co. v. EvansIllinois Supreme Court · 1941
- Rose v. WheelerCalifornia Court of Appeal · 1934
38 more not listed; retrieve them via the Exa API.