Legal Opinion

Bates v. Equitable Building & Loan Society

Appellate Court of Illinois

Decided June 1, 1896PublishedCited by 2 opinions

Mortgage Foreclosure.—Error to the Circuit Court of Henry County; the Hoa. Hiram Biuelow, Judge, presiding. Heard in this court at the December term, 1895.

1Opinion of the CourtJustice Haekee

deliveeed the opinion op the Couet.

This was a bill to foreclose a building and loan association mortgage in which the defendant set up the defense of usury. The defense failed, and the court entered a decree of foreclosure for $1,020.

Bates, who is a resident of Henry county, made a written application to the defendant in error for a loan of $1,200. After the property which was offered as security was examined a loan for the sum of $1,200 was refused, but a loan for $1,000 was offered, which he accepted.

A certificate of stock for ten shares of $100 each was issued to him. He gave his note for…

2Cases cited2 opinions

  1. Holmes v. SmytheIllinois Supreme Court · 1881
  2. Freeman v. Ottawa Building, Homestead & Savings Ass'nIllinois Supreme Court · 1885

3Cited by2 opinions

  1. Forsell v. SuddardAppellate Court of Illinois · 1900
  2. Lurton v. Jacksonville Loan & Building Ass'nAppellate Court of Illinois · 1900

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