COOK v. YOUNG

24975, 24976.

225 Ga. 26 (1969)

165 S.E.2d 727

COOK et al. v. YOUNG. COOK v. YOUNG.

Supreme Court of Georgia.

Decided January 9, 1969.


Attorney(s) appearing for the Case

Archer, Patrick & Sidener, James H. Archer, Jr., R. William Hamner, for appellants.

Long & Siefferman, Floyd E. Siefferman, Jr., for appellee.


NICHOLS, Justice.

The gravamen of the wrong prohibited by the usury laws is not the agreement to pay usurious interest but the "reserving and taking, or contracting to reserve and take ... a greater sum for the use of money than the lawful interest." Code § 57-102.

"`Under the codified, long recognized maxim that "he who would have equity must do equity, and give effect to all equitable rights in the other party respecting the subject-matter of...

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