Jackson v. Shawl

Citations

• 29 Cal. 267

Syllabus

<p>Interest to be charged by Pawnbrokers.—The Act of 1861, prohibiting pawnbrokers or pledgees from charging more than four per cent per month on loans made on property pledged as security, is not in violation of Section 2 of Article I of the Constitution, which provides that “ all laws of a general nature shall have a uniform operation.”</p> <p>Enforcement of Contract with Pawnbroker. — Where a pawnbroker loans money upon property pledged, and the borrower contracts to pay him more than four per cent interest per month, he can recover possession of the property by tendering him the principal and four per cent per month interest.</p> <p>Same.—Query?—Could the borrower in such case recover the property by making a tender of the principal sum without interest ?</p> <p>Contract Good in Part and Bad in Part.—If a contract is had in part, for being in violation of law, but good in part, and the good part of the contract can be separated from the had, that which is good can he enforced in law.</p>