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EQUITABLE LIFE ASSURANCE SOC. v. SCALI

No. 40406.

38 Ill.2d 544 (1967)

232 N.E.2d 712

THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Appellant, v. MAURO L. SCALI et al., Appellees.

Supreme Court of Illinois.

Rehearing denied January 18, 1968.

Attorney(s) appearing for the Case

CLARENCE H. ROSS, ROLAND D. WHITMAN, HUGH A. ZIMMERMAN, DAVID A. BRIDEWELL, and VINCENT P. REILLY, all of Chicago, (ROSS, HARDIES, O'KEEFE, BABCOCK, McDUGALD & PARSONS, and RUSSELL & BRIDEWELL, of counsel,) for appellant.

MORRISON & NEMANICH, of Waukegan, (DONALD T. MORRISON, of counsel,) for appellees.

ALTHEIMER, GRAY, NAIBURG, STRASBURGER & LAWTON, of Chicago, (DANIEL M. PIERCE, of counsel,) for amicus curiae.

Appellate Court reversed; circuit court affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

A decree of foreclosure of a residential loan was entered by the circuit court of Lake County in favor of plaintiff, The Equitable Life Assurance Society, against the defendants, Mauro L. and Joanna Scali, husband and wife. The Appellate Court, Second District, reversed, holding the mortgage loan to be usurious (75 Ill.App.2d 255

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