usury defense (Illinois) · Go Syfert
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usury defense in Illinois

5 Illinois opinions name it 2 courts 1987–2025 1 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Tyrcha v. Wesolekgreen
illappct · 1989 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025App. 3d 871, 876 (1991) (citing Tyrcha v. Wesolek, 187 Ill.

11
General Motors Acceptance Corp. v. Kettelsongreen
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025The elements of a usury defense are (1) a loan (2) of money (3) that is repayable absolutely, and that (4) requires something “in addition to lawful interest.” General Motors Acceptance Corp. v. Kettleson, 219 Ill.

11
Watt v. Cecilgreen
ill · 1938 · cited in 1 Illinois opinions naming this issue, 1993–1993
2 sentences

1993(Laegeler v. Bartlett (1957), 10 Ill. 2d 478 , 140 N.E.2d 702 ; see Commercial Mortgage & Finance Co. v. Life Savings of America (1989), 129 Ill. 2d 42, 51 , 541 N.E.2d 661 .) Although the failure to reply to a usury defense results in an admission of that defense (Wait v. Cecil (1938), 368 Ill. 510 , 15 N.E.2d 292 ; see Ill.

1993(Laegeler v. Bartlett (1957), 10 Ill. 2d 478 , 140 N.E.2d 702 ; see Commercial Mortgage & Finance Co. v. Life Savings of America (1989), 129 Ill. 2d 42, 51 , 541 N.E.2d 661 .) Although the failure to reply to a usury defense results in an admission of that defense (Wait v. Cecil (1938), 368 Ill. 510 , 15 N.E.2d 292 ; see Ill.

11
Commercial Mortgage & Finance Co. v. Life Savings of Americagreen
ill · 1989 · cited in 1 Illinois opinions naming this issue, 1993–1993
2 sentences

1993(Laegeler v. Bartlett (1957), 10 Ill. 2d 478 , 140 N.E.2d 702 ; see Commercial Mortgage & Finance Co. v. Life Savings of America (1989), 129 Ill. 2d 42, 51 , 541 N.E.2d 661 .) Although the failure to reply to a usury defense results in an admission of that defense (Wait v. Cecil (1938), 368 Ill. 510 , 15 N.E.2d 292 ; see Ill.

1993(Laegeler v. Bartlett (1957), 10 Ill. 2d 478 , 140 N.E.2d 702 ; see Commercial Mortgage & Finance Co. v. Life Savings of America (1989), 129 Ill. 2d 42, 51 , 541 N.E.2d 661 .) Although the failure to reply to a usury defense results in an admission of that defense (Wait v. Cecil (1938), 368 Ill. 510 , 15 N.E.2d 292 ; see Ill.

11
Commercial Mortgage & Finance Co. v. Life Savings of Americagreen
illappct · 1988 · cited in 1 Illinois opinions naming this issue, 1989–1989
2 sentences

1989The appellate court found that the transaction involved a necessitous borrower and an unscrupulous lender and that this was precisely the type of situation that the usury statute was intended to redress. ( 167 Ill.

1989App. 3d at 765 .) A dissenting justice believed that the Olsons should be estopped from raising the usury defense because of their complicity in the transaction. ( 167 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Laegeler v. Bartlett green
ill · 1957
2 sentences

1993(Laegeler v. Bartlett (1957), 10 Ill. 2d 478 , 140 N.E.2d 702 ; see Commercial Mortgage & Finance Co. v. Life Savings of America (1989), 129 Ill. 2d 42, 51 , 541 N.E.2d 661 .) Although the failure to reply to a usury defense results in an admission of that defense (Wait v. Cecil (1938), 368 Ill. 510 , 15 N.E.2d 292 ; see Ill.

1993(Laegeler v. Bartlett (1957), 10 Ill. 2d 478 , 140 N.E.2d 702 ; see Commercial Mortgage & Finance Co. v. Life Savings of America (1989), 129 Ill. 2d 42, 51 , 541 N.E.2d 661 .) Although the failure to reply to a usury defense results in an admission of that defense (Wait v. Cecil (1938), 368 Ill. 510 , 15 N.E.2d 292 ; see Ill.

11993–1993
Leitch v. N.Y.C.R.R. Co. green
ill · 1944
1 sentence

1989Co. (1944), 388 Ill. 236, 245 .) Thus, it appears that Commercial Mortgage asks, in effect, that we find the usury defense time barred from the beginning, but that we allow the lender’s cause of action to proceed on the loan documents which Commercial Mortgage believes should speak for themselves.

11989–1989
Hall v. Montaleone green
illappct · 1976
1 sentence

1988The final case, Hall v. Montaleone (1976), 38 Ill.

11988–1988
United Realty Trust v. Property Development & Research Co. green
minn · 1978
1 sentence

1987Also, in United Realty Trust v. Property Development & Research Co. (Minn. 1978), 269 N.W.2d 737 , the Minnesota Supreme Court reached a similar result.

11987–1987

Where else courts name it

TX 70 (1977–2022) NY 34 (1937–2025) CA 13 (1931–2025) MI 10 (1986–2023) WA 10 (1980–2024) FL 10 (1981–2021) MN 7 (1985–1995) IL 5 (1987–2025) CT 5 (1986–2002) OK 3 (1940–1963) NE 3 (1970–2025) NC 3 (1935–2008) ID 3 (1981–1994) RI 3 (1982–2021) AZ 3 (1973–2018) LA 2 (1974–1987) AK 2 (1991–2017) AR 2 (1999–2007) GA 2 (1984–1996) DC 2 (1953–2024) MO 2 (1924–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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