Section 110. Whoever, not being duly licensed as provided in section ninety-six on his own account or on account of any other person not so licensed, engages in or carries on, directly or indirectly, either separately or in connection with or as a part of any other business, the business of making loans or buying notes or furnishing endorsements or guarantees, to which sections ninety-six to one hundred and eleven, inclusive, apply, shall be punished by imprisonment in the state prison for not more than ten years or in a jail or house of correction for not more than two and one half years, or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. Any loan made or note purchased or endorsement or guarantee furnished by an unlicensed person in violation of said sections shall be void. In any judicial proceedings under said sections the fact that the defendant has made or assisted in the making of two or more loans of six thousand dollars or less, upon which there has directly or indirectly been paid or charged, for interest, brokerage, recording fees, commissions, services, extension of loan, forbearance to enforce payment or other expenses, a sum which exceeds in the aggregate an amount equivalent to twelve per cent per annum upon the amount actually received by the borrower, whether such sum has been paid to or charged by the defendant or paid to or charged by any other person, shall be prima facie evidence that the defendant has engaged in and carried on the business of making loans to which sections ninety-six to one hundred and twelve, inclusive, apply.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1929–2022 · leading case:
Commonwealth v. Douglas, 236 N.E.2d 865 (Mass. 1968).
Commonwealth v. Douglas, 236 N.E.2d 865 (Mass. 1968).
· cites it 4× “Frank Celeste and Alexander Celeste were each indicted for violation of G. L. c. 140, § 110, making it a crime for an unlicensed person to conduct a small loan business (see fn.”
Begelfer v. Najarian, 409 N.E.2d 167 (Mass. 1980).
“See G. L. c. 140, § 110; 15 Beach Assocs. v. Fauser, supra at 392-393 .”
Commonwealth v. French, 259 N.E.2d 195 (Mass. 1970).
“” It was permissible on cross-examination to inquire whether Limone was a “shylock” in 1965, in view of (1) an earlier admission of the receipt of interest on “cash personal loans,” and (2) Baron’s testimony about having paid Limone such interest or “vigorish.”
Beach Assocs., Inc. v. Fauser, 401 N.E.2d 858 (Mass. App. Ct. 1980).
“G. L. c. 140, § 110.” On the basis of our discussion above, we construe § 49(c) and its express language as providing a permissive civil *393 remedy where interest in excess of twenty percent per year is bargained for, charged, or received in violation of § 49(a).”
Cuneo v. Bornstein, 269 Mass. 232 (Mass. 1929).
“G. L. c. 140, § 110. By § 103 the loan may be declared void by the Supreme Judicial Court or Superior Court in equity upon petition by the person to whom the loan was made.”
Seder v. Gould, 174 N.E. 311 (Mass. 1931).
“A salé divests the title of the pledgor and gives to the purchaser a good title to the property pledged.” Knowledge by the buyer of a note, sold in accordance with authority given in a pledge agreement, that it was held as collateral and had been pledged in violation of thé…”
Duggan v. Martorello (D. Mass. 2022).
· cites it 2× “Mass. Gen. Laws ch. 140, § 96 (emphasis added).”
Commonwealth v. Maiani, 237 N.E.2d 674 (Mass. 1968).
· cites it 2× “The defendants were each indicted for (a) conspiracy to conduct a small loans business without a license in violation of G. L. c. 140, § 110 (as amended through St.”
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Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.