Crane v. Clemens
Appellate Court of Illinois
Contested claim in court of probate. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Statement by the Court. Appellee filed in the Probate Court of Cook county her claim for $7,000 against the estate of Gustav A. Bode, deceased, which that court disallowed. She appealed to the Circuit Court, where the claim was allowed. From the order of the Circuit Court the administratrix prosecutes this appeal.
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Contested claim in court of probate. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Statement by the Court. Appellee filed in the Probate Court of Cook county her claim for $7,000 against the estate of Gustav A. Bode, deceased, which that court disallowed. She appealed to the Circuit Court, where the claim was allowed. From the order of the Circuit Court the administratrix prosecutes this appeal. The evidence introduced consisted mainly of letters between appellee and Gustav Bode in his lifetime, including an agreement in writing bearing date…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
It is contended in behalf of the administratrix that the contract of January 2, 1893, represents only a loan of money, that it is usurious on its face, and that the lender has already received “more than the principal and a fair amount of interest.” In behalf of appellee it is claimed the agreement and understanding of the parties was that the money was to be employed by the deceased as a part of the capital invested in his extract business, and that appellee was to share in the profits of that business as a partner on equal…
2Cases cited6 opinions
- Whalen v. StephensIllinois Supreme Court · 1901
- Robbins v. LaswellIllinois Supreme Court · 1862
- Rosenfield v. HaightWisconsin Supreme Court · 1881
- Goodrich v. RogersIllinois Supreme Court · 1881
- Curtis v. HawleyAppellate Court of Illinois · 1899
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