Supreme Court of Illinois Third Grand Division Ottawa April Term Ad 1866

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Supreme Court of Illinois Third Grand Division Ottawa April Term Ad 1866
Daniel Lawrence
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It is prohibitory as well as penal ; but it has no bearing in this case beyond its effect in expressly repealing the penalties enacted by previous statutes.
Upon these principles, had Lawrence been plaintiff in a suit at law, to recover damages for the breach of the contract of the appellees in not repaying the money loaned to them, he would have been entitled not only to retain the usury voluntarily paid ; but also under the contract to have recovered interest at the rate of ten per cent per a
...nnum from April 1, 1861.
Such was the rule understood to be established by this court in the case of Matthias v. Cook, where the contract was made while the statutes of 1845 and 1849 were in force, but upon which suit was not brought until after the penalties of the statute of 1845 had been repealed by the Act of 1857 ; and therefore of the same class as the case now before the court IV. In equity, the statutes against usury are enforced, but in subordination to the rule that he who seeks equity must offer to do equity.


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