Tompkins v. Hill

Decided April 15, 1862

Illinois Supreme Court · decided 1862-04-15

This was an action of assumpsit brought by Hill against Tompkins, to recover a sum of money which Hall alleged he paid to satisfy a note given by him to Tompkins, to release a trust deed which the latter held on the property of the former, to secure the payment of said note. A demurrer was filed to the declaration, which the court overruled, and the defendant standing by his demurrer, the damages were assessed at two hundred and seventy dollars.

Relies on Hadden v. Innes

Good law ✅— No negative treatment on recordhow we know

Decided 1862-04-15

How this case has been cited

Cited by 4 later decisions — most recently January 1932

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Brícese, -I.

¶1We have not seen by any argument advanced in this case, any reason for overruling the case of Hadden v. Innes, 24 Ill. 381. We then decided if a party voluntarily pays a note and usurious interest upon it, the matter is ended under our statute. It is manifest, the legislature had no intention of giving a cause of action when usury is paid and no defense made.

¶2In this case, the party was not compelled to pay the usury. Ho could have resisted the claim, and avoided so much of the claim as the usury amounted to. This he did not choose to do, but paid the amount freely.

¶3The demurrer to the declaration should have been sustained. The judgment is reversed.

¶4Judgment reversed.