Lockwood brought suit in trover to recover certain, articles alleged to be in the possession of Muhlberg. It appears from the record that Muhlberg is a pawnbroker, that the plaintiff had pawned with him the articles mentioned, as security for advances of money, and that Muhlberg had charged Lockwood ten per cent, a month as interest on the sums thus.advanced. After paying -. interest at the rate named until he had more than paid the amount advanced, together with interest on the same at the rate of eight per cent, per annum, Lockwood demanded the return of his property, and, upon Muhlberg’s failure to comply, brought this action. In his defense Muhlberg relied upon an ordinance of the City of Sa*
In addition to insisting upon the validity of the ordinance, the defendant contends that on August 27, 1904, several months after the articles were pawned, the plaintiff made new contracts of pawn with the defendant, paying to him at the time all interest to that date; and that the contracts as thus made amounted to an accord ■and satisfaction, and' extinguished any cause of action which the plaintiff might have for the recovery of usury.
Judgment reversed.