Harrison v. State Central Bank

Opinion by

Willson, J.

§ 375. Usury; plea of, and waiver of. A party wish-’ ing to avail himself of the defense of usury in a contract, can only do so by pleading it specially in a plea verified by his affidavit. [Eev. Stats, arts. 2081, 1205.] This defense is a personal privilege which may bo waived; and where a party who is entitled to set it up does not do so, but appears and answers by pleading other matters of defense, it is an implied waiver on his part of the defense of usury, and the usurious nature of the contract will not be considered, even when it is apparent upon the face of the…