Woodruff v. Jordan, 182 Ill. App. 217 (1913)

Oct. 13, 1913 · Illinois Appellate Court · Gen. No. 17,957
182 Ill. App. 217

John S. Woodruff, Appellant, v. Mary Jordan et al., Appellees.

Gen. No. 17,957.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Wuxiam Fenimore Cooper, Judge, presiding. Heard in this court at the October term, 1911.

Reversed and remanded with directions.

Opinion filed October 13, 1913.

Statement of the Case.

Bill in equity by John S. Woodruff to foreclose a trust deed in the nature of a mortgage made by Mary Jordan. From a decree dismissing the bill because of usury, complainant appeals.

*218Abstract of the Decision.

1. Ustjby, § 1 * —what constitutes. On a bill to foreclose a mortgage where the mortgagor contended that the notes secured were given for usury, held that the evidence did not show that the mortgagee had any knowledge of the mortgagor’s previous transactions with the firm of loan brokers who procured the loan, and that the transaction was not usurious.

2. Usury, § 15*—when loan broker may charge commissions. Evidence held to show that certain persons were not general agents of a lender of money, but were brokers engaged in loaning money, and that they were entitled to receive a commission from the borrower without rendering the transaction usurious.

David O. Dunbar, for appellant.

Chauncey M. Millar, for appellees.

Mr. Presiding Justice Baker

delivered the opinion of the court.