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of the offence are out of the way and only money remain to be paid. It is contrary to the interests of the undertaker that the penalties of the statute should be met by him, unless he is enabled to pay all the penalties in full. Ordinary usury statutes were designed to avoid this result and to prevent the excess of the lender.»
The opinion further states that «the loss resulting to the owner of a motor car from the overcharge of the sales tax by the dealer is wholly different from the loss resulting from money lent for a period of time. In the first case the money passes from the owner to the purchaser and the loss to the former is immediate and direct; it is not due from him to the seller. In the *538 other case the loss is sustained by the owner; it is his loss, though it may also be said to be due to the purchaser. In either case the money and the loss are alike the property of the owner. This is a cause of action entirely distinct from the cause of action for money lent for a specified time; nor does the fact that in one case the motor car was disposed of in an illegal way make it different.»
It is urged by appellant that the facts in this case are not such as to give rise to a cause of action for money lent for the reason that they disclose that plaintiff had knowledge of the fact that the automobile was not registered at the time he contracted to sell it for a consideration, and that he knew there was no certificate of title for the automobile at the time he agreed to deliver it to him.
We think the foregoing statement of the law as laid down in the case of Daniel v. B. R. Henderson Motor Co., supra, is an accurate statement of the law applicable https://fumostoppista.com/wincopy-screen-capture-2006-crack-with-full-keygen-free/
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