Kinsey v. Nisley
Illinois Supreme Court
This was an action of assumpsit, commenced by the plaintiff in error against the defendants in error, in the county of Effing-ham, at the October term, A. D. 1855. The suit was commenced in the Circuit Court of said county, on a promissory note, signed by the defendants and payable to the plaintiff, for the sum of $200. The defendants appeared and filed their several pleas to said suit.
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This was an action of assumpsit, commenced by the plaintiff in error against the defendants in error, in the county of Effing-ham, at the October term, A. D. 1855. The suit was commenced in the Circuit Court of said county, on a promissory note, signed by the defendants and payable to the plaintiff, for the sum of $200. The defendants appeared and filed their several pleas to said suit. The first plea was non assumpsit; the second was a special plea of usury; the third was usury in payment; and the fourth was the sale of land and usury thereon. Issue was taken on the first and second pleas.…
1Opinion of the CourtBreese, J.
The question presented in this case is, does the act “ to amend the interest laws of this State,” approved Jan. 30, 1849, repeal the fourth section of the act of 1845, ch. 54, title Interest, R. S. 295 ? By some oversight, this section of the act of 1845, and the act of 1849,. are both omitted from the compilation of the statutes, by Scates, Treat and Blackwell, cited as “ Scates’ Compilation.”
By the first section of the act of 1845, the rate of interest was limited to six per cent, for the loan or forbearance of money—no greater amount could be taken or reserved. If a greater amount was…
2Cited by2 opinions
- Parmelee v. LawrenceIllinois Supreme Court · 1867
- Parmelee v. LawrenceIllinois Supreme Court · 1868