Legal Opinion

Cooper v. Nock

Illinois Supreme Court

Decided January 15, 1862PublishedCited by 11 opinions

This was an action brought by the defendant in error, against the plaintiffs in error, in the Circuit Court of Mason county. Judgment was given for the plaintiff below for the whole amount claimed, the defense of usury having been specially pleaded. The defendant brings the case to this court, by writ of error. The opinion of this Court states the case fully.

1Opinion of the CourtWalker, J.

This was an action of assumpsit, instituted on a promissory note. It was executed on the 3rd of February, 1859, for three hundred and thirty dollars, due in sixty days, with five per cent, interest per month after maturity, if not punctually paid, waiving all relief, valuation, stay, or exemption laws. The defense relied upon is usury. It appears from the evidence, that Loveland, the payee, loaned plaintiff in error, not exceeding three hundred dollars, and took the note for the sum therein named. That when the money was loaned, it was agreed, that the maker should pay five per cent, a month…

2Cases cited2 opinions

  1. Easter v. MinardIllinois Supreme Court · 1861
  2. Osborn v. McCowenIllinois Supreme Court · 1860

3Cited by11 opinions

  1. Covington v. FisherSupreme Court of Oklahoma · 1908
  2. Clemens v. CraneIllinois Supreme Court · 1908
  3. George E. Sebring Co. v. SkinnerSupreme Court of Florida · 1930
  4. Cannon v. Seattle Title Trust Co.Washington Supreme Court · 1927
  5. Washington Fire Insurance v. Maple Valley Lumber Co.Washington Supreme Court · 1914

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