The point has never been decided in California as to section 6129 of the Business and Professions Code, because in the few cases in which it was involved the plaintiff prevailed on the ground that the particular transaction did not violate the statute. ( Bulkeley v. Bank of California, 68 Cal. 80 [8 P. 643]; Tuller v. Arnold, 98 Cal. 522 [33 P. 445]; Crawford v. Engler, 131 Cal.App. 374 [ 21 P.2d 460].) [1b] It seems, however, from the manner in which the defense in those cases was considered by the courts, the defense would have been regarded an available and valid one had it been sustained by the evidence.