Laing v. Hinesville Bank

1. The one-year period of limitation for tlie recovery by plea or suit for a forfeiture of usurious interest lias reference to a set-off claiming such forfeiture, and to suits to recover usury which has been paid. Thus, where usurious interest has been paid and applied as such, the statute is applicable in a suit brought on the obligation. Civil Code (1910), § 3441; Lankford v. Peterson, 21 Ga. App. 1 (3), 15 (93 S. E. 499). In the instant ease the plea of the defendant and the agreed statement of facts show that more than two years from the exaction and payment of the usurious charges had…