Puterbaugh v. Farrell

Citations

• 73 Ill. 213

Syllabus

<p>1. Usury—burden, of proof to show. If a party, when sued upon his note, sets up usury in defense, he holds the affirmative of the issue, and must maintain it by a preponderance of evidence.</p> <p>2. Same—in old transaction, can not be pleaded to new one. Where an old transaction is settled and closed, and a new loan made, the borrower will not be allowed to set up usury in the former transaction as against the new loan.</p>