Smith v. FIRST AMERICAN BANK & TRUST COMPANY

Court of Appeals of Georgia

Smith v. FIRST AMERICAN BANK & TRUST COMPANY

228 S.E.2d 227, 139 Ga. App. 292, 1976 Ga. App. LEXIS 1768

CourtCourt of Appeals of Georgia

DecidedJuly 9, 1976

Docket52282

StatusPublished

Cited by6 cases

This text of 228 S.E.2d 227 (Smith v. FIRST AMERICAN BANK & TRUST COMPANY) 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

Smith v. FIRST AMERICAN BANK & TRUST COMPANY, 228 S.E.2d 227, 139 Ga. App. 292, 1976 Ga. App. LEXIS 1768 (Ga. Ct. App. 1976).

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Opinion

Bell, Chief Judge.

Plaintiff brought this suit to recover a deficiency-balance allegedly due on an installment note and security agreement, plus interest and attorney fees. The case arose out of defendant Bobby Lee Smith’s purchase of a mobile home. His parents, the other defendants, according to the complaint, guaranteed payment of the note and security agreement. The defendant son set up the affirmative defense of accord and satisfaction and the other defendants pleaded that their signatures to the guaranty were obtained by specified acts of fraud and misrepresentation of plaintiff and that the guaranty failed for lack of consideration. The plaintiff moved for summary judgment which the trial court granted. An examination of the record shows that plaintiff has failed to sustain his burden of proof by piercing the allegations of the affirmative defenses. These present material issues of fact for resolution by a jury.

Judgment reversed.

Clark and Stolz, JJ., concur.

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Bell, Chief Judge.

Plaintiff brought this suit to recover a deficiency-balance allegedly due on an installment note and security agreement, plus interest and attorney fees. The case arose out of defendant Bobby Lee Smith’s purchase of a mobile home. His parents, the other defendants, according to the complaint, guaranteed payment of the note and security agreement. The defendant son set up the affirmative defense of accord and satisfaction and the other defendants pleaded that their signatures to the guaranty were obtained by specified acts of fraud and misrepresentation of plaintiff and that the guaranty failed for lack of consideration. The plaintiff moved for summary judgment which the trial court granted. An examination of the record shows that plaintiff has failed to sustain his burden of proof by piercing the allegations of the affirmative defenses. These present material issues of fact for resolution by a jury.

Judgment reversed.

Clark and Stolz, JJ., concur.

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Bluebook (online)

228 S.E.2d 227, 139 Ga. App. 292, 1976 Ga. App. LEXIS 1768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-first-american-bank-trust-company-gactapp-1976.

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