ART. 49] PENALTY—PLEA—LOANS ON CHATTELS. 1353
1888, art. 49, sec. 4. 1860, art. 95, sec. 4. 1845, ch. 352, sec. 4.
4. Any person guilty of usury shall forfeit all the excess
above the real sum or value of the goods and chattels actually
lent or advanced and the legal interest on such sum or value,
which forfeiture shall enure to the benefit of any defendant
who shall plead usury and prove the same.
Carter v. Dennison, 7 Gill, 158. Thomas v. Doub, 8 Gill, 1. Ibid., 1 Md.
Ch. 127. Gwynn v. Lee, 9 Gill, 137. Ibid., 1 Md. Ch. 445. Baugher v.
Nelson, 9 Gill, 299. Wilson v. Hardesty, 1 Md. Ch. 66. Gough v. Pratt, 9
Md. 538. Bandel v. Isaac, 13 Md. 202. Scott v. Leary, 34 Md. 389. Williar
v. Balto. Butchers' Loan & Annuity Asso., 45 Md. 546. Woods v. Matchett,
47 Md. 395. New York Security v. Davis, 96 Md. 87.
Ibid. sec. 5. 1860, art. 95, sec. 5. 1845, ch. 352, sec. 1.
5. Every plea of usury shall state the sum of money or
the value of goods or chattels lent or advanced with the time
at which the same was or were so lent or advanced and the
plaintiff shall be entitled to recover the sum of money or the
value of the goods and chattels actually lent or advanced with
legal interest from the time the same was so lent or advanced.
Union Bank v. Ridgely, 1 H. & G. 325. Chambers v. Chambers, 4 G. & J.
420. Gwynn v. Lee, 9 Gill, 137. Baugher v. Nelson, 9 Gill, 299. Wilson
v. Hardesty, 1 Md. Ch. 66. McKim v. White Hall Co., 2 Md. Ch. 510.
Hitch v. Fenby, 6 Md. 218. Williams v. Banks, 11 Md. 198. Ibid., 19 Md.
23. Woods v. Matchett, 47 Md. 395. Neurath v. Hecht, 62 Md. 224. New
Yotk Security v. Davis, 96 Md. 87.
Ibid. sec. 6. 1876, ch. 358.
6. Nothing in the preceding sections shall be so construed as
to make usury a cause of action in any case where the bond,
bill obligatory, promissory note, bill of exchange, or other
evidence of indebtedness has been redeemed or settled for by
the obligor or obligors in money or other valuable considera-
tion, except that of a renewal in whole or in part of the original
indebtedness.
Williar v. Balto Butchers Loan & Annuity Asso., 45 Md. 546. Second
German Amer Build. Asso. v. Newman, 50 Md. 63. Border State Perpet
Build. Asso. v. Hayes, 61 Md. 597.
1900, ch. 404, sec. 7. 1902, ch. 208.
7. It shall not be lawful for any individual, partnership,
association or corporation lending money within the limits of
this State and taking as security for the re-payment thereof a
lien upon any household furniture and effects, musical instru-
ments, typewriters and sewing machines or any other personal
86
|
![clear space](../../../images/clear.gif) |