Low

Under the statutes of California (St. 1919, p. Ixxxiii), the highest rate of interest which may be agreed upon is 12 per cent, per annum. Any contract for a rate in excess of that amount is declared to be void, and it is also provided (section 3) that, where-any one shall for “any loan or forbearance of money” pay any greater rate, he may recover from the payee treble the amount, provided he commences an action for that purpose within one year after such payment.

On July 26, 1927, the plaintiff herein commenced such an action for the recovery of treble the amount of $55,000, which she contended had been exacted from her by the defendant as usurious interest subsequently to the 12th day of August, 1926. On August 15, 1928, she filed an amended complaint, in which she alleged that the usurious *444 exactions amounted to $73,870, and prayed for a judgment of $221,610. Sustaining defendant’s demurrer thereto upon the ground that it did not state a cause of action in usury, and upon the further ground that the purported cause of action was barred by the statute of limitations, the court ordered the action dismissed, and from the judgment of dismissal the plaintiff prosecutes this…