Lloyd

Claiming that the defendant had collected usurious interest from him the plaintiff sued for the statutory penalty of treble damages. The trial court made findings in favor of the defendant and from a judgment entered thereon the plaintiff has appealed. Prior to September 2, 1927, a certain Willys Knight automobile had been purchased by the plaintiff under a conditional sales contract. On that date the legal title was held by the C. I. T. Corp. and the plaintiff owed that corporation $220.77. He desired to obtain more money. He called on the defendant and it agreed to give him a loan in the sum of $500. For the purpose of carrying that loan into execution the defendant arranged to obtain a transfer to itself of the contract held by the C. I. T. Corp. and having done so this defendant and the plaintiff entered into a new conditional sales contract in which this defendant was the seller and this plaintiff was the buyer. The last-named instrument was dated September 2, 1927, and called for payments in the sum of $61.08 one month after date, and monthly thereafter for a period of twelve months. Among other provisions the contract authorized the defendant to keep the automobile in…