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COM. MORTGAGE & FIN. CO. v. LIFE SAVINGS

No. 67155.

129 Ill.2d 42 (1989)

541 N.E.2d 661

COMMERCIAL MORTGAGE & FINANCE COMPANY, Appellant, v. LIFE SAVINGS OF AMERICA et al. (J. David Olson et al., Appellees).

Supreme Court of Illinois.

Opinion filed June 19, 1989.

Attorney(s) appearing for the Case

Reno, Zahm, Folgate, Lindberg & Powell, of Rockford (Wesley E. Lindberg and J. Todd Kennedy, of counsel), for appellant.

William L. Balsley, of Loves Park, for appellees.

Judgment affirmed.

JUSTICE MILLER delivered the opinion of the court:

The plaintiff, Commercial Mortgage & Finance Company (Commercial Mortgage), filed a complaint in the circuit court of Winnebago County to foreclose a mortgage which secured a loan that it had made to the defendants, J. David Olson (Olson) and Mary Ann Olson. In their answer, the Olsons claimed, as an affirmative defense, that the loan in question was usurious. Following a bench trial...

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