Commercial Credit Plan, Inc. v. Mills

• Court: Georgia Court of Appeals
• Writing for the Court: BELL
• Citation: Commercial Credit Plan, Inc. v. Mills, 216 S.E.2d 628, 134 Ga.App. 908 (Ga. App. 1975)
• Decision Date: 29 April 1975
• Docket Number: No. 1,No. 50420,50420,1
• Parties: COMMERCIAL CREDIT PLAN, INC. v. D. L. MILLS

Page 628

216 S.E.2d 628

134 Ga.App. 908

COMMERCIAL CREDIT PLAN, INC. v. D. L. MILLS.

No. 50420.

Court of Appeals of Georgia, Division No. 1.

April 29, 1975.

Rehearing Denied May 29, 1975.

Smith & Portman, Ronald C. Crawford, Savannah, for appellant.

Lewis & Javetz, Emanuel Lewis, Savannah, for appellee. Syllabus Opinion by the Court

BELL, Chief Judge.

The automobile finance company has not pierced the defendant's answer that there was a substitution by judicial decree of his divorced wife as the sole debtor and a release of defendant from the obligation and that the company acquiesced in accepting the former wife as the sole obligee. See Loftis Plumbing, etc., Co. v. American Surety Co., 74 Ga.App. 590, 40 S.E.2d 667. We affirm the denial of the motion for summary judgment.

Judgment affirmed.

WEBB and MARSHALL, JJ., concur.