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HOLDEN v. NEVERGALL

No. 5-87-0201.

172 Ill. App.3d 700 (1988)

526 N.E.2d 928

GEORGE HOLDEN et al., Plaintiffs-Appellees and Cross-Appellants, v. GAYLE A. NEVERGALL, a/k/a Gayle A. Loar, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed July 26, 1988.

Attorney(s) appearing for the Case

Warren N. Loar IV, of Musick & Mitchell, of Mt. Vernon, for appellant.

Morris Lane Harvey, of Law Offices of Morris Lane Harvey, of Fairfield, for appellees.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE HARRISON delivered the opinion of the court:

Plaintiffs, George and Waunetta Holden, brought suit on a promissory note seeking recovery for principal, interest, and attorney fees. The defendant, Gayle Loar, the daughter of the plaintiffs, raised the defense of usury and counterclaimed for the statutory penalty for usury under section 6 of the Interest Act (Ill. Rev. Stat. 1985, ch. 17,...

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