Legal Opinion
Cook v. Young
Supreme Court of Georgia
Decided January 9, 1969No. 24975, 24976PublishedCited by 4 opinions
1Opinion of the Court
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 the suit” (Code § 37-104), a borrower who has executed a deed to secure debt is not entitled to an injunction against a sale of the property under a…
2Cases cited6 opinions
- Oliver v. SlackSupreme Court of Georgia · 1941
- Atlanta Savings Bank v. SpencerSupreme Court of Georgia · 1899
- Bellerby v. GoodwynSupreme Court of Georgia · 1900
- Loganville Banking Co. v. ForresterSupreme Court of Georgia · 1915
- Rushing v. WillinghamSupreme Court of Georgia · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- E. Phillip Duderwicz and Diana Duderwicz v. Sweetwater Savings Association, Ronald Rader and Zhanna Rader v. Sweetwater Savings AssociationCourt of Appeals for the Fifth Circuit · 1979
- Williams v. First Bank & Trust Co.Court of Appeals of Georgia · 1980
- Green v. MILL FACTORS CORPORATIONCourt of Appeals of Georgia · 1972
- Booker T. Hines v. City Finance Company of Eastover, Inc.Court of Appeals for the D.C. Circuit · 1972