{
  "id": 5420742,
  "name": "George P. Van Cleave, Appellant, v. P. H. Fitzsimmons and Katie E. Knox, Appellees",
  "name_abbreviation": "Van Cleave v. Fitzsimmons",
  "decision_date": "1915-10-13",
  "docket_number": "",
  "first_page": "609",
  "last_page": "609",
  "citations": [
    {
      "type": "official",
      "cite": "200 Ill. App. 609"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 163,
    "char_count": 1728,
    "ocr_confidence": 0.565,
    "sha256": "e17bf34d19b2755dc7cab2a7a0d62e972ae1126553d472decbbfc61fdbd1cd47",
    "simhash": "1:814ee3b55dae821c",
    "word_count": 295
  },
  "last_updated": "2023-07-14T15:50:22.374886+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George P. Van Cleave, Appellant, v. P. H. Fitzsimmons and Katie E. Knox, Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Eldredge\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Eldredge"
      }
    ],
    "attorneys": [
      "Bedmon & Hogan, for appellant.",
      "J. C. Lee, for appellees."
    ],
    "corrections": "",
    "head_matter": "George P. Van Cleave, Appellant, v. P. H. Fitzsimmons and Katie E. Knox, Appellees.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Usury, \u00a7 47 \u2014how to he pleaded. It is not sufficient to plead in general terms that a transaction is usurious, but the facts constituting the usury must be set forth.\n2. Usury, \u00a7 48*\u2014when insufficiently pleaded. In an action on two promissory notes, a special plea averring that the supposed promissory notes in said declaration mentioned were for the payment of interest at a greater rate than is allowed by law, that they were not taken nor received by the plaintiff in the usual course of trade, and that the plaintiff, at the time he received the said notes under the indorsement thereof to him, well knew the consideration of the making, executing and delivering of the same, held insufficient as a plea of usury.\n\"Appeal from the County Court of Macon county; the Hon. O. W. Smith, Judge, presiding. Heard in this court at the April term, 1915.\nReversed and remanded with directions.\nOpinion filed October 13, 1915.\nStatement of the Case.\nAction by George P. Van Cleave, plaintiff, against P. H. Fitzsimmons and Katie E. Knox, defendants, on two promissory notes. A judgment by confession had originally been taken in vacation, but at a later term of court, on motion of defendants, the judgment was opened up and defendants given leave to plead. From a judgment in favor of defendants after overruling of a demurrer to a special plea, plaintiff appeals.\nBedmon & Hogan, for appellant.\nJ. C. Lee, for appellees.\nSee Illinois Notes Digest, Vols, XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0609-01",
  "first_page_order": 631,
  "last_page_order": 631
}