Credithrift of America, Inc. v. Mason

Court of Appeals of Georgia

Credithrift of America, Inc. v. Mason

240 S.E.2d 158, 143 Ga. App. 793, 1977 Ga. App. LEXIS 2506

CourtCourt of Appeals of Georgia

DecidedOctober 26, 1977

Docket54632

StatusPublished

Cited by2 cases

This text of 240 S.E.2d 158 (Credithrift of America, Inc. v. Mason) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Credithrift of America, Inc. v. Mason, 240 S.E.2d 158, 143 Ga. App. 793, 1977 Ga. App. LEXIS 2506 (Ga. Ct. App. 1977).

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Opinion

Webb, Judge.

Credithrift instituted a personal property foreclosure action on a loan contract made under the Georgia Industrial Loan Act (Code Ann. § 25-301 et seq.) and sought to gain possession of the automobile conveyed as security. Mason defended by asserting that the loan company had not complied with the Act in failing to show on the loan contract the amount of each class of insurance carried, and as a consequence the contract was "null and void.” The trial court' so held, the loan company appeals, and we affirm.

The loan contract shows the premiums charged for credit life, credit accident and health, and auto insurance, but it does not show the amount of each class of insurance carried. Thus the contract violated the provisions of Code Ann. § 25-319 1 and is void. Code Ann. § 25-9903.

The case is controlled by Dukes v. Household Finance Corp., 137 Ga. App. 474 (224 SE2d 107) (1976); Patman v. General Finance Corp., 128 Ga. App. 836 (198 SE2d 371) (1973); Hawkins v. Household Finance Corp., 139 Ga. App. 525 (229 SE2d 13) (1976).

Judgment affirmed.

Deen, P. J., and Birdsong, J., concur. *794 Rehearing denied November 9, 1977 Kirby G. Bailey, for appellant. Joseph H. King, Jr., for appellee.

1

"At the time the loan is made, each licensee hereunder shall deliver to the borrower, or if there be two or more, to one of them, a copy of the loan contract or a written itemized statement in the English language showing in clear terms, the date and amount of the loan; a schedule of the payments or a description thereof; the type of security for the loan, the licensee’s name and address; the actual cash advanced to or on behalf of the borrower; the amount of each class of insurance carried and the premiums paid thereon and the amount of interest and fees. Each licensee shall give a receipt for every cash payment made.”

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Webb, Judge.

Credithrift instituted a personal property foreclosure action on a loan contract made under the Georgia Industrial Loan Act (Code Ann. § 25-301 et seq.) and sought to gain possession of the automobile conveyed as security. Mason defended by asserting that the loan company had not complied with the Act in failing to show on the loan contract the amount of each class of insurance carried, and as a consequence the contract was "null and void.” The trial court' so held, the loan company appeals, and we affirm.

The loan contract shows the premiums charged for credit life, credit accident and health, and auto insurance, but it does not show the amount of each class of insurance carried. Thus the contract violated the provisions of Code Ann. § 25-319 1 and is void. Code Ann. § 25-9903.

The case is controlled by Dukes v. Household Finance Corp., 137 Ga. App. 474 (224 SE2d 107) (1976); Patman v. General Finance Corp., 128 Ga. App. 836 (198 SE2d 371) (1973); Hawkins v. Household Finance Corp., 139 Ga. App. 525 (229 SE2d 13) (1976).

Judgment affirmed.

Deen, P. J., and Birdsong, J., concur. *794 Rehearing denied November 9, 1977 Kirby G. Bailey, for appellant. Joseph H. King, Jr., for appellee.

1

"At the time the loan is made, each licensee hereunder shall deliver to the borrower, or if there be two or more, to one of them, a copy of the loan contract or a written itemized statement in the English language showing in clear terms, the date and amount of the loan; a schedule of the payments or a description thereof; the type of security for the loan, the licensee’s name and address; the actual cash advanced to or on behalf of the borrower; the amount of each class of insurance carried and the premiums paid thereon and the amount of interest and fees. Each licensee shall give a receipt for every cash payment made.”

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240 S.E.2d 158, 143 Ga. App. 793, 1977 Ga. App. LEXIS 2506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/credithrift-of-america-inc-v-mason-gactapp-1977.

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