Reports of Cases At Law And in Chancery Argued ..., volume 104; volume 134
Reports of Cases At Law And in Chancery Argued ..., volume 104; volume 134
Illinois. Supreme Court
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John J. Glenn, Judge, presiding. Messrs. Pepper & Scott, for the appellant : The transaction was not usurious. McGiU v. Ware, 4 Scam. 21 ; Mitchell v. Lyman, 77 HI. 625 ; Brown v. Mortgage Co. 110 id. 235 ; McFadden v. Fortier, 20 id. 509. Messrs. Bassett & Bassett, for the appellee. Mr. Chdbf Justice Soholfield delivered the opinion of the Court: Wolfe being indebted to Drury, $8000, for loaned money, gave him his four promissory notes therefor, as follows : One for $2000, payable one year aft...er date ; one for $2500, pay- able two years after date ; one for $2500, payable three years after date; and one for' $3275.80, payable four years after date, — all bearing interest at the rate of ten per cent per an- num after due. The rate of interest then allowed by our statute for money loaned was ten per cent per annum, and any sum charged for the use of money greater than that rate would produce, was usury. The question is, under that stat- ute is there usury in these notes ? It is impossible to so calculate simple interest in advance upon $8000, for the respective times of these notes, at the rate of ten per cent per annum, as to produce, when added to its principal, their several amounts.
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