People v. Lee

526 N.W.2d 882, 447 Mich. 552
CourtMichigan Supreme Court
DecidedDecember 27, 1994
DocketDocket Nos. 96876, 96877, (Calendar No. 5)
StatusPublished
Cited by35 cases

This text of 526 N.W.2d 882 (People v. Lee) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lee, 526 N.W.2d 882, 447 Mich. 552 (Mich. 1994).

Opinions

Riley, J.

In this case, we are called upon to determine whether there is probable cause to find that a loan occurred within the meaning of the usury statute, MCL 438.41; MSA 19.15(51), where a person purchases a used watch and grants the seller an option to later repurchase the watch at a significantly higher price. Specifically, we must decide whether there was probable cause to believe that defendants’ act of exchanging $2,600 for a used Rolex and an option to repurchase the watch a month later for $3,250 plus four percent sales tax constitutes a loan. We conclude that there was not probable cause to believe that a loan transac[554]*554tion occurred because complainant was under no obligation to repurchase the watch. Hence, there was not probable cause to support defendants’ bindover.

i

On February 8, 1991, complainant Lonnie May was in need of $2,600 for rent and other personal expenses. He contacted various jewelry stores offering his Rolex watch as collateral in exchange for a short-term loan. However, every store refused the offer and instead offered to purchase his watch. Desiring a loan rather than a sale, May then contacted Dave’s Diamonds and Gold. Defendant David S. Miller owned the store, and defendant Jeffrey Wayne Lee was his employee. Lee indicated that the store did not loan money, but would be willing to purchase May’s watch for $2,600. If that was not acceptable, Lee indicated that the store would be willing to grant him an option to repurchase the watch in thirty days for $3,250 plus four percent sales tax. May agreed to the latter and entered into the transaction.

At the end of the thirty days, May did not have the money to redeem his watch, so he sent his son, Michael, to offer a $1,000 down payment on the option. Defendants refused the partial payment, but offered to extend the option for another thirty days in exchange for $625. Michael immediately telephoned May regarding this offer. May told Michael to simply take the money and leave the store.

The next day, March 9, 1991, May sent Michael back to the store with $625 in money orders. Defendant Miller, however, refused to accept these money orders and demanded cash. Michael again telephoned May who told him to exchange the [555]*555money orders for cash and pay for the extended option. Michael went across the street to the bank and cashed the money orders. He then sent his girl friend back to defendants’ store with the $625 in cash.

Subsequently, May informed the police of this transaction, which prompted the prosecutor to charge defendants with violation of the usury laws, MCL 438.41; MSA miSffil).1 On June 12, 1991, a preliminary examination was conducted before 14B District Court Judge John B. Collins. Thereafter, on August 28, 1991, Judge Collins heard arguments offered by the prosecution and defendants. In the end, Judge Collins found probable cause to bind defendants over for trial. He reasoned that there was sufficient evidence that the parties intended and entered into a loan agreement, rather than simply being involved in a sale.

The case proceeded to the Washtenaw Circuit Court, where defendants moved to quash the indictment. Defendants argued that May was under no obligation to repurchase the watch; hence, there was no loan, and defendants could not be charged with violating the usury laws. On November 27, 1991, Judge Conlin denied the motion to quash. Subsequently, defendants entered guilty pleas on the condition that they could appeal their motion to quash under MCR 6.301(C)(2). On January 30, 1992, defendant Miller was sentenced to two years probation, six hundred hours [556]*556of community service, and a $3,000 fine. Defendant Lee was sentenced to one year probation.

On April 22, 1993, the Court of Appeals affirmed in an unpublished memorandum opinion (Docket Nos. 149014, 149015). In summary fashion, the Court adopted the lower court’s reasoning that both parties manifested an intent to enter into a loan and therefore affirmed.

This Court granted defendants’ application for leave to appeal on May 6, 1994.2

ii

The law of usury is not a new concept in law. Indeed, it dates back as far as Biblical times. See Wilcox v Moore, 354 Mich 499, 504; 93 NW2d 288 (1958), citing Leviticus 25:35-37, Deuteronomy 23:19, 20, and Saint Chrysostom’s Fifth Homily on the Gospel of St. Matthew. "Usury is, generally speaking, 'the receiving, securing, or taking of a greater sum or value for the loan or forbearance of money, goods, or things in action than is allowed by law.’ ” Hillman’s v Em ’N Al’s, 345 Mich 644, 651; 77 NW2d 96 (1956), citing 55 Am Jur, Usury, § 2, p 324.

Michigan has statutorily adopted this principle in MCL 438.41; MSA 19.15(51):

A person is guilty of criminal usury when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding 25% at simple interest per annum or the equivalent rate for a longer or shorter period. Any person guilty of criminal usury may be imprisoned for a term not to exceed 5 years or fined not more than $10,000.00, or both.

[557]*557As noted in Wilcox, supra at 504, "its purpose is to protect the necessitous borrower from extortion.” In the instant case, we address one aspect of the usury statute, i.e., whether the transaction constitutes a loan within the meaning of the statute.3

A

Construing the instant statute is no different from any other statute; we attempt to give effect to the intent of the Legislature as expressed in the statute.4 Dussia v Monroe Co Employees Retirement System, 386 Mich 244, 248; 191 NW2d 307 (1971). Where the "language used is clear and the meaning of the words chosen is unambiguous, a common-sense reading of the provision will suffice, and no interpretation is necessary.” Karl v Bryant Air Conditioning, 416 Mich 558, 567; 331 NW2d 456 (1982) (citations omitted).

Only if the statute is of doubtful meaning or ambiguous, is "the door . . . open to a judicial determination of the legislative intent.” Knapp v Palmer, 324 Mich 694, 700; 37 NW2d 679 (1949). See also City of Lansing v Lansing Twp, 356 Mich 641, 648-649; 97 NW2d 804 (1959). Nonetheless, simply because a word is undefined does not render the statute ambiguous; instead, undefined words are given meaning as "understood in common language, taking into consideration the text [558]*558and subject matter relative to which they are employed.” See Stocin v C R Wilson Body Co, 205 Mich 1, 4; 171 NW 352 (1919).

In the instant case, the statute is clear and unambiguous but "loan” is not defined. Where a statute does not define one of its terms it is customary to look to the dictionary for a definition.5 The Random House Dictionary of the English Language: Second Edition Unabridged defines a loan as:

1. the act of lending; a grant of the temporary use of something: the loan of a book. 2. something lent or furnished on condition of being returned, esp. a sum of money lent at interest ....

Lend is then defined as:

1.

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Bluebook (online)
526 N.W.2d 882, 447 Mich. 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lee-mich-1994.