When any person relying upon the provisions of sections 4591-4599 of this title for the purpose of avoiding any contract for the payment of a greater rate of interest or compensation for a loan or forbearance of money or goods, seeks to avail himself of the provisions hereof in any proceeding to enforce such a contract, he shall set up specifically and under the separate defense for usury the facts which constitute a violation of said sections.
History —Civil Code, 1930, § 1656.