by John Marshall Harlan

“ The trust-deed provides that in the case of a sale by the trustee at public auction upon advertisement, all costs, charges, and expenses of such advertisement, sale, and conveyance, including commissions, such as were at the time of sale allowed by the laws of Illinois to sheriffs on sale of real estate on execution, should be paid out of the proceeds. This provision does not impose upon the borrower the burden of paying to the lender a solicitor's fee where a suit is brought for foreclosure. ”

“ In each case Stevens would get Newcomb's services, and compel the borrower to pay for them.' And the court adds: 'There is no more familiar rule in the law than that the usury laws cannot be evaded by mere pretenses, shifts, or evasions. This rule runs through all of the books, and requires the citation of no authority in its support. The policy of the statute is to protect the weak and necessitous from the oppression of the strong, and to sanction such transactions as this would be to defeat that policy. Courts have no right to judge of the policy, but must enforce the law as they find it. ”

“ But as the order granting a rehearing was entered under date of October 31, 1884, the presumption must be indulged, in support of the action of a court having jurisdiction of the parties and the subject-matter, nothing to the contrary affirmatively appearing,-that the facts existed which justified its action; and, therefore, that the court granted the application for a rehearing at the term at which the first decree was rendered. ”

“ The contract was for a loan to Fowler of $9,000 at 10 per cent. interest per annum. Seven per cent. of the interest was evidenced by conpons attached to the nine bonds of $1,000 each, and were secured with the bonds by the deed of trust. The remaining 3 per cent., according to the testimony of Johnston, the company's local agent at Springfield, through whom the loan was made, was 'discounted' at the time the loan was finally negotiated. ”

“ Brokers negotiating loans of other people's money may charge the borrower commissions, without thereby making a loan at the full rate of legal interest usurious. Ballinger v. Bourland, 87 Ill. 513; Phillips v. Roberts, 90 Ill. 492; Boylston v. Bain, Id. 283. Payne v. Newcomb, 100 Ill. 611, was not intended to decide anything to the contrary, as seems to be supposed by counsel for plaintiffs in error. In the latter case there was an express understanding between Stevens, the lender, and Newcomb, his agent, that Newcomb should get his commissions from the borrower.' In Cox v. ”

“ Newman, 75 Ill. 215, 217. It is equally well settled there that one who has voluntarily paid usurious interest cannot recover it back in an action at law. Riddle v. Rosenfeld, 103 Ill. 600, 603; Hadden v. ”