Culver v. Osborne
Illinois Supreme Court
Writ or Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. James W. Craig, Judge, presiding.
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Writ or Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. James W. Craig, Judge, presiding. On September 19, 1900, John H. Culver, defendant in error, filed his bill in the circuit court of Macon county against James E. Osborne, plaintiff in error, to obtain a decree for the amount paid by Culver to satisfy a judgment recovered against him in the circuit court of said county by Martin L. Osborne on a note alleged to have been given by Culver to James E. Osborne for usurious interest accumulations, and by James…
1Opinion of the CourtJustice Scott
The master found that there was usury in the contract, and that the principal of the promissory note, assigned by plaintiff in error to his brother, was not greater than the usurious accumulations of the interest with which defendant in error had been charged up to the time that note was given. It is here insisted that this finding is clearly against the evidence. We Have examined the proof taken as the same is set out in the abstract and are entirely satisfied with the finding of the master upon this question.
It is next contended that where usurious interest has been paid it cannot be…
2Cases cited2 opinions
- Woodworth v. HuntoonIllinois Supreme Court · 1865
- House v. DavisIllinois Supreme Court · 1871
3Cited by2 opinions
- Richter v. BurdockIllinois Supreme Court · 1913
- Liebelt v. CarneyCalifornia Supreme Court · 1931