Kihlholz v. Wolf

Citations

• 103 Ill. 362
• 1882 Ill. LEXIS 183

Syllabus

<p>1. Usury—burden of proof lies on party alleging usury. The burden of proving a transaction usurious, rests upon the party alleging it. The usury must he established by a preponderance of evidence, or else the defence fails.</p> <p>2. Same—what constitutes usury—as to commissions paid to party obtaining loan. Where the lender of money at the request of the borrower pays out of the money loaned commissions and other expenses of third persons, as agents of the borrower in procuring the loan, being of no benefit to the lender, this will not render the transaction usurious. It has been held otherwise where the commissions paid the agent inured directly to the benefit of the lender.</p>