Willetts v. Wheeler

Appellate Court of Illinois

Willetts v. Wheeler

33 Ill. App. 629, 1889 Ill. App. LEXIS 469

DecidedDecember 2, 1889

StatusPublished

This text of 33 Ill. App. 629 (Willetts v. Wheeler) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Willetts v. Wheeler, 33 Ill. App. 629, 1889 Ill. App. LEXIS 469 (Ill. Ct. App. 1889).

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Opinion

Gary, P. J.

From the record no very satisfactory history of the dealings out of which the suit grows, can be extracted, upon the truth of which reliance can be placed. It is clear, however, that in 1875 the appellant had, as a loan from the appellees, $3,614.74 more than he has ever repaid; that the notes sued upon in this case are now the only evidence remaining of the indebtedness created by that loan; that the loan was at a usual rate of interest. The appellees offer to remit all beyond the sum above named, if the court comes to the conclusion the defense of usury is made out; and acting upon that offer, the judgment of the Superior Court is reversed and the cause is remanded with directions to permit the appellees to enter judgment and issue execution for the sum above named. Appellees pay the cost here.

Reversed and rema/nded with directions.

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Gary, P. J.

From the record no very satisfactory history of the dealings out of which the suit grows, can be extracted, upon the truth of which reliance can be placed. It is clear, however, that in 1875 the appellant had, as a loan from the appellees, $3,614.74 more than he has ever repaid; that the notes sued upon in this case are now the only evidence remaining of the indebtedness created by that loan; that the loan was at a usual rate of interest. The appellees offer to remit all beyond the sum above named, if the court comes to the conclusion the defense of usury is made out; and acting upon that offer, the judgment of the Superior Court is reversed and the cause is remanded with directions to permit the appellees to enter judgment and issue execution for the sum above named. Appellees pay the cost here.

Reversed and rema/nded with directions.

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Bluebook (online)

33 Ill. App. 629, 1889 Ill. App. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willetts-v-wheeler-illappct-1889.