Associates Financial Services Co., Inc. v. International Harvester Credit Corp.
| Decision Date | 28 November 1972 |
| Docket Number | No. 2,No. 47440,47440,2 |
| Citation | 127 Ga.App. 636,194 S.E.2d 518 |
| Parties | ASSOCIATES FINANCIAL SERVICES COMPANY, INC. v. INTERNATIONAL HARVESTER CREDIT CORPORATION |
| Court | Georgia Court of Appeals |
Kilpatrick, Cody, Rogers, McClatchey & Regenstein, George B. Haley, Jr., Robert W. Coleman, Atlanta, for appellant.
Hansell, Post, Brandon & Dorsey, W. Rhett Tanner, Atlanta, for appellee.
Syllabus Opinion by the Court
Associates Financial Services Company, Inc., appeals from a judgment rendered by the Civil Court of Fulton County denying appellant-plaintiff's motion for summary judgment and granting the motion for summary judgment of appellee-claimant, International Harvester Credit Corporation, in each of two pending actions for the foreclosure of security interests in personal property, which actions were consolidated by agreement of the parties.
The issues presented by the enumerations of error are: (1) Was there remaining a substantial issue as to a material fact that would bar summary judgment for the appellee, and (2) Did appellant establish his right to summary judgment by showing that there was no genuine issue as to any material fact and that he is entitled to judgment as a matter of law?
These cases involve the purported sale in Alabama of two trucks by an International Harvester dealer (Sebring) to a purchaser (Campbell), with down payment entered as due on open account. The commercial paper was purchased by appellant-plaintiff. Appellee-claimant refused to permit delivery and moved the trucks from Sebring's premises and ultimately to Georgia.
Issue is joined over whether the purchaser Campbell qualifies as 'a buyer in the ordinary course of business.' Some of his testimony is contradictory and some, supported by Sebring, is in direct conflict with that of appellee-claimant's representatives.
Appellant relies on good faith on the part of the purchaser Campbell in support of its claim for summary judgment and reversal of appellee's summary judgment. Appellee asserts 'that the necessary ingredient of 'good faith' . . . that is, 'honesty in fact in the conduct of the transaction concerned . . . is missing' in support of its summary judgment and denial of appellant's claim for summary judgment.'
In Capital Automobile Co. v. General Motors Acceptance Corp., 119 Ga.App. 186, 192, 166 S.E.2d 584, 588, this court held: "The question of the credibility of witnesses and the related right of cross-examination is a murky...
To continue reading
Request your trial
-
McCrary Engineering Corp. v. City of Bowdon
...based on expert testimony, and the jury must determine the credibility of such testimony. Assoc. Financial Svcs. Co. v. International Harvester Credit Corp., 127 Ga.App. 636, 637-638, 194 S.E.2d 518; Ash v. Spear, 137 Ga.App. 12, 13, 223 S.E.2d 26; Ginn v. C. & S. Nat. Bank, 145 Ga.App. 175......
-
Credithrift of America, Inc. v. Borg-Warner Acceptance Corp., BORG-WARNER
...there was evidence to authorize a finding that Boat Trading was not a buyer in ordinary course. See Associates Fin. Svcs. Co. v. Intl. Harvester Credit Corp., 127 Ga.App. 636, 194 S.E.2d 518. See 1 Anderson, Uniform Commercial Code 189-190, § Judgment reversed. POPE and BENHAM, JJ., concur.......
-
Miller v. Douglas, 30222
...must resolve the question and the conflicts in the evidence which it produces. Associates Financial Services Company, Inc. v. International Harvester Credit Corporation, 127 Ga.App. 636, 637, 194 S.E.2d 518. The decision in Lampkin v. Edwards, 222 Ga. 288(3), 149 S.E.2d 708, and cases follo......
-
International Harvester Credit Corp. v. Associates Financial Services Co., Inc.
...in a prior appeal, holding that neither party had carried its summary judgment burden. Associates Financial Services Co. v. International Harvester Credit Corp., 127 Ga.App. 636, 194 S.E.2d 518. Following additional discovery, the case came on for trial before the court without a jury. The ......