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CLARK v. KAISER AGRICULTURAL CHEMICALS

60509.

156 Ga. App. 251 (1980)

274 S.E.2d 648

CLARK v. KAISER AGRICULTURAL CHEMICALS.

Court of Appeals of Georgia.

Decided October 23, 1980.

Attorney(s) appearing for the Case

Richard D. Phillips, for appellant.

James M. Thomas, Howard C. Kaufold, Jr., Paul W. Calhoun, Jr., for appellee.

DEEN, Chief Judge.

1. The defense of usury is personal to the debtor. Code § 57-103. It may not be urged save by the borrower or his privies. Scott v. Williams, 100 Ga. 540 (28 SE 243) (1897); Swift v. Wellington Plaza, Inc., 213 Ga. 377, 380 (99 S.E.2d 68) (1957). "A debtor who has had his day in court will not be heard, after judgment, to attack the levy of the execution on the...

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