Morin v. Newbury
Supreme Court of Connecticut
Action to recover money loaned, brought to and tried by the Court of Common Pleas in New Haven County, Bennett, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant.
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Action to recover money loaned, brought to and tried by the Court of Common Pleas in New Haven County, Bennett, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. The defendant, in November, 1903, gave to the plaintiff his note for $475. The consideration therefor was $385, paid in cash out of a loan of $400 obtained at the defendant’s repeated solicitation and for his sole accommodation by the plaintiff and his wife upon a savings-bank mortgage, $15 reserved by the bank out of said loan as the expenses attending it, and $75 bonus. At the time of this…
1Opinion of the CourtPrentice, J.
Section 4134 of the General Statutes provides that “ every person who shall loan money upon a note secured by mortgage upon personal property, in which the sum of money loaned is stated to be greater than the amount actually loaned, or in which the rate of interest to be charged is greater than the rate allowed by law to be charged by pawnbrokers,” shall be fined, or imprisoned, or both, and that the mortgage and note shall be void. This statute is. distinctly penal and should therefore receive a strict construction, and no act should Jbe held to be in violation of it which does not fall…
2Cases cited2 opinions
- Daggett v. StateSupreme Court of Connecticut · 1821
- Lovell v. Hammond Co.Supreme Court of Connecticut · 1895
3Cited by16 opinions
- State v. FaroSupreme Court of Connecticut · 1934
- State v. HurlburtSupreme Court of Connecticut · 1909
- State v. CataudellaSupreme Court of Connecticut · 1970
- Ryan v. Motor Credit Co., Inc.New Jersey Superior Court Appellate Division · 1941
- Petello v. Teutonia Fire InsuranceSupreme Court of Connecticut · 1915
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