State v. Goldenberg

Citations

• 30 Del. 458
• 108 A. 137
• 7 Boyce 458
• 1919 Del. LEXIS 55

Syllabus

<p>1. Pawnbrokers and money lenders—Storage charges not part of AUTHORIZED RATE OF “INTEREST.”</p> <p>Defendant, who in addition to demanding and receiving 3 per cent, per month on money advanced on pledged property, demanded and received 3 per cent, per month as storage charges, is not guilty of a violation of Act. Gen Assam. April 10, 1919 (30 Del. Laws, c. 83), amending Code 1915, § 1203, as to pawnbrokers not receiving a greater rate of interest than 3 per cent, per month, “interest” not including “storage” when statute is strictly construed, as it must be, since it imposes a penalty.</p> <p>2. Statutes—Penal Provisions strictly construed. Those parts of statute imposing a penalty must be strictly construed.</p> <p>3. Pawnbrokers and money lenders—Excessive interest; question FOR JURY.</p> <p>Whether storage charges demanded and received by defendant pawnbroker in addition to interest is a subterfuge to evade Acts Gen. Assem. April 10, 1919 (30 Del. Laws, c. 83), amending Rev. Code 1915, § 1203, forbidding under penalty the charging of more than 3 per cent, interest on money loaned on property pledged, is a question for the jury.</p>