Prairie State Bank v. Herbert Baer

Full title: Prairie State Bank, Appellee, v. Herbert Baer et al., Appellants

Court: Appellate Court of Illinois

Date published: Jul 1, 1941

311 Ill. App. 248 (Ill. App. Ct. 1941)

35 N.E.2d 536

Opinion

Gen. No. 41,612. (Abstract of Decision.)

Opinion filed July 1, 1941

CONFESSION OF JUDGMENT, § 50^_ — vacation, sufficiency of pleading. Lower court properly refused to vacate judgment by confession, where defendant alleged that note for $2,299 for repairs upon real estate was usurious because he only received $2,000, but he failed to plead where note was executed, or agreed rate of interest or other circumstances, and the item of $299 might have been for insurance, title examination, cost of inspection and other proper charges.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. FRANK E. DONOGHUE, presiding.

Affirmed. Heard in second division, first district, this court at February term, 1941.

Joseph Rosenstein, for appellants;

Joseph B. Bergman and Samuel J. Sherman, for appellee;

Joseph B. Bergman, of counsel.

Opinion by PRESIDING JUSTICE FRIEND.

"Not to be published in full." Opinion filed July 1, 1941.