Hallenbeck v. Getz

• Decision Date: 25 October 1893
• Citation: 63 Conn. 385,28 A. 519
• Court: Connecticut Supreme Court
• Parties: HALLENBECK v. GETZ.

28 A. 519

63 Conn. 385

HALLENBECK

v. GETZ.

Supreme Court of Errors of Connecticut.

Oct. 25, 1893.

Appeal from court of common pleas, Hartford county; Calhoun, Judge.

Action by William H. Hallenbeck against Jacob Getz to recover a penalty for the taking of unlawful interest on a loan on personal property. A nonsuit was granted, which the court refused to set aside, and plaintiff appeals. Affirmed.

H. D. Middleberger and H. O'Flaherty, for appellant.

J. L. Barbour, for appellee.

ANDREWS, C. J. This is an action brought to recover a forfeiture under sections 3003 and 3005 of the General Statutes. The complaint alleges, in substance, that the defendant was a pawnbroker in the city of Hartford; that on the 23d day of November, 1889, the plaintiff delivered to the defendant, by way of pledge or pawn for a loan of $8, a double-barreled gun of the value of $60; and that the defendant, as such pawnbroker, took and received from the plaintiff the sum of $1.50 for the use of said sum of $8 for one month, which sum was more than the lawful rate of interest chargeable by law for the use of money loaned by pawnbrokers on personal property. There was a second count, under which no claim was made. The complaint claimed damages to the treble value of the gun. The answer denied all the averments in the complaint, except that the defendant was a pawnbroker. Issue was Joined to the jury. All the evidence offered by the plaintiff, so far as it bears on the question of taking or receiving interest by the defendant, is this: The plaintiff testified: "My name is Wm. Watson Hallenbeck. On the 23d day of November, 1889, I was the owner of a double-barreled shotgun worth sixty dollars. On that day I pawned the gun with Mr. Getz for a loan of eight dollars. Mr. Getz gave me the eight dollars, and a pawn ticket by which I was to pay him nine dollars and fifty cents in thirty days for a return of the property. I sent John Hendron with a ten-dollar bill and the pawn ticket, and told him to get the gun pawned with Getz which the ticket called for. He did not return the gun to me. It has never been returned. He brought back to me the ten-dollar bill. I wrote Getz a letter afterwards, making a further demand for a return of the property, but received no reply." John Hendron testified: "I am an expressman. On May 23, 1890, I was sent for to go to Pratt & Whitney's shop. I went and saw Mr. Hallenbeck. He gave me a pawn ticket and a ten-dollar bill, and told me to go and get the gun he had left in pawn with Mr. Getz, the pawnbroker. I went to Getz's place, and I asked for the gun. Getz asked me how much I was going to pay on it. I told him nine dollars and fifty cents. He said that was not enough; that he ought to have more; that he had been at expense in keeping and cleaning the gun; and that I might have it for twelve dollars. I told him I had only ten dollars,...