Douglas

This is an appeal by the defendant from a judgment on the pleadings entered against him upon the plaintiff’s motion.

It appears from the complaint that the defendant loaned to the plaintiff the sum of $5,000, for which plaintiff agreed to pay usurious interest; that in pursuance of this agreement the plaintiff paid defendant the sum of $684.42 as interest; and that plaintiff seeks to recover the amount so paid, beginning his action more than one year, and less than two years, after the interest was paid.

Defendant in his answer admitted that the loan was ■ usurious; alleged that plaintiff’s action was barred by section 3 of the Usury Act, by subdivision 1 of section 339, and by subdivision 1 of section 340 of the Code of Civil Procedure; and further alleged that the payment of interest was voluntary, and hence could not be recovered.

We do not think plaintiff’s claim is barred by any of the statutes of limitation set up in the answer. Section 3 of the Usury Act provides that anyone who has paid usurious interest may recover treble the amount so paid, provided his action is brought within one year after payment. Plaintiff did not sue for treble the amount of the interest paid…