{
  "id": 2853205,
  "name": "German American Savings, Loan and Building Association et al., Appellants, v. John C. Trainor, Appellee",
  "name_abbreviation": "German American Savings, Loan & Building Ass'n v. Trainor",
  "decision_date": "1914-03-10",
  "docket_number": "Gen. Nos. 18,901, 18902",
  "first_page": "345",
  "last_page": "346",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 345"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "204 Ill. 616",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3275779
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill/204/0616-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 163,
    "char_count": 1963,
    "ocr_confidence": 0.494,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.08509376415381746
    },
    "sha256": "a5fa2e24cd00241484911d4866c6929809b104dda7650bfb49e96a899e9ac7b2",
    "simhash": "1:9f2a256418a3b01c",
    "word_count": 321
  },
  "last_updated": "2023-07-14T19:43:38.716309+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "German American Savings, Loan and Building Association et al., Appellants, v. John C. Trainor, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Smith\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Smith"
      }
    ],
    "attorneys": [
      "W. J. Lavery and Charles B. Stafford, for appellants.",
      "Charles J. Trainor, for appellee."
    ],
    "corrections": "",
    "head_matter": "German American Savings, Loan and Building Association et al., Appellants, v. John C. Trainor, Appellee.\nGen. Nos. 18,901, 18902.\n(Not to he reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed March 10, 1914.\nStatement of the Case.\nBill in equity by German American Savings, Loan and Building Association and others against John C. Trainor to foreclose a mortgage executed by defendant to one Ernst Ammon, as trustee. From a decree stating the account between the parties, finding that the deduction of a twenty per cent, premium without complying with law rendered the loan usurious, that defendant was chargeable with only the amounts actually advanced, and the insurance, taxes and interest thereon paid by complainant, that the amount paid by defendant together with the earnings on his stock was in excess of the amount with which he was chargeable, and forfeiting all interest on the amount actually advanced to defendant, complainant appeals.\nA former appeal in this case is reported in Trainor v. German-American Bldg. Ass\u2019n, 204 Ill. 616.\nAbstract of the Decision.\n1. Building and loan associations, \u00a7 8 \u2014when by-laws invalid. A by-law of a building and loan association providing for the deduction of a twenty per cent, premium from all loans is invalid.\n2. Building and loan associations, \u00a7 58 \u2014when loan usurious. Where a twenty per cent, premium was deducted from a loan by a building and loan association under an invalid by-law without first offering the loans to the highest bidders, the loan is usurious and a decree forfeiting interest on the money actually advanced is proper.\nW. J. Lavery and Charles B. Stafford, for appellants.\nCharles J. Trainor, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0345-01",
  "first_page_order": 371,
  "last_page_order": 372
}