Cooley v. Willard
Illinois Supreme Court
Appeal from the Circuit Court of Will county; the Hon. Jesse O. Norton, Judge, presiding. This was a bill in chancery, filed in the Circuit Court of Will county, by Hiram Cooley against Jacob P. Willard and Alonzo Leach, to enjoin the collection of a judgment confessed on a power of attorney, against complainant and in favor of defendant Willard.
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Appeal from the Circuit Court of Will county; the Hon. Jesse O. Norton, Judge, presiding. This was a bill in chancery, filed in the Circuit Court of Will county, by Hiram Cooley against Jacob P. Willard and Alonzo Leach, to enjoin the collection of a judgment confessed on a power of attorney, against complainant and in favor of defendant Willard. The bill charges that on the 22d Oct., 1858, the complainant, Cooley, borrowed of defendant, Willard, the sum of eight hundred dollars, for'which he gave his note and power of attorney to confess judgment, payable to Willard or order one year after…
1Opinion of the CourtChief Justice Walker
This bill was exhibited to enjoin the collection of a judgment upon a note alleged to have been previously paid, and to compel the note and deed of trust given to secure its payment to be surrendered to complainant. It appears that Paschal Woodward, acting for appellee, loaned to appellant the money, took his note, with a power of attorney to confess a judgment in case of a default in its payment, and also a deed of trust on real estate as security for the sum thus loaned. It likewise appears from the evidence that appellant paid the several installments of interest, as they fell due, to…
2Cited by12 opinions
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- Fortune v. StocktonIllinois Supreme Court · 1899
- Hefferman v. BotelerMissouri Court of Appeals · 1901
- Wales v. MowerSupreme Court of Colorado · 1908
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