27 S.E.2d 764 (Ga.App. 1943), 30190, Nichols v. Ocean Acc. & Guarantee Corp.

Docket Nº:30190.
Citation:27 S.E.2d 764, 70 Ga.App. 169
Opinion Judge:SUTTON, Judge.
Party Name:NICHOLS v. OCEAN ACCIDENT & GUARANTEE CORPORATION.
Attorney:James Maddox, of Rome, for plaintiff in error. Matthews, Owens & Maddox, of Rome, for defendant in error.
Judge Panel:STEPHENS, P. J., and FELTON, J., concur.
Case Date:October 09, 1943
Court:Court of Appeals of Georgia
 
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Page 764

27 S.E.2d 764 (Ga.App. 1943)

70 Ga.App. 169

NICHOLS

v.

OCEAN ACCIDENT & GUARANTEE CORPORATION.

No. 30190.

Court of Appeals of Georgia, Division No. 2.

October 9, 1943

Rehearing Denied Nov. 20, 1943.

Syllabus by the Court.

Page 765

James Maddox, of Rome, for plaintiff in error.

Matthews, Owens & Maddox, of Rome, for defendant in error.

SUTTON, Judge.

The plaintiff sued Herman Johnson and the G. L. Hight Motor Company for damages for the death of her son; a judgment was recovered against Herman Johnson; the plaintiff caused summons of garnishment to be served upon the Ocean Accident & Guarantee Corporation, basing the garnishment upon the judgment held by her against Herman Johnson; the garnishee answered and denied that it was indebted to Herman Johnson in any amount; the plaintiff traversed this answer, and set out that the garnishee was indebted to Herman Johnson by reason of the fact that it issued to G. L. Hight Motor Company a policy of insurance designated "Garage Liability Policy UD 30615," which contained, among other provisions, the following "In consideration of an additional premium of $71.50 it is understood and agreed that the undermentioned policy is extended to cover the liability of any customers of the named assured while riding in or operating any motor vehicle owned by the named assured and covered under this policy except a motor vehicle which such customers may be purchasing from the assured on the installment plan;" that on February 3, 1939, her son was killed by an automobile driven by Herman Johnson, and as a consequence thereof she had sued him and recovered a judgment against him for $3,500, of which no part had been paid; that at the time her son was killed and for a long time prior thereto Herman Johnson had had an arrangement with the G. L. Hight Motor Company whereby he negotiated for the sale of new and used cars to any prospective purchasers he might secure, and received commissions on all automobiles sold by the motor company to prospects secured by him; that he received no salary from the motor company, and it had no right to direct his movements, except that he was required to attend a meeting of the salesmen [70 Ga.App. 171] each day; that he came and went as he pleased, and sought prospects wherever he could locate them, and at such times as suited his convenience; that he had no right to conclude a sale, or make any agreement as to partial payments or as to the value of any car traded in on the purchase price; that he in no way represented the motor company, but merely received a commission on

Page 766

all automobiles sold to prospects furnished by him; that the motor company furnished him with an automobile and six gallons of gasoline a week to be used by him in calling upon and locating prospective purchasers; that during the year 1937 he produced 75 persons who purchased automobiles from the motor company on which he received a commission and during the year 1938 he produced 51 persons who purchased automobiles from the motor company...

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