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DORSEY v. WEST

40164.

252 Ga. 92 (1984)

311 S.E.2d 816

DORSEY et al. v. WEST et al.

Supreme Court of Georgia.

Rehearing Denied February 15, 1984.

Attorney(s) appearing for the Case

Ford & Ford, Michael C. Ford, for appellants.

Durwood T. Pye, for appellees.

John B. Long, Thomas W. Tucker, Paul Kauffmann, Steven Gottlieb, W. Rhett Tanner, amici curiae.

GREGORY, Justice.

In April 1973, the Wests loaned the Dorseys $9,000 at an interest rate of 9%, securing the loan by secondary security deeds. The Dorseys eventually defaulted on the loan. Subsequently they filed suit against the Wests, alleging the loan was usurious under former Code Ann. § 57-201, Ga. Laws 1966, pp. 574, 576; 1967, p. 637; 1968, p. 1068. The Wests conceded the loan was in "technical violation" of the law, but counterclaimed for return of the...

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