Consumers Financing Corp. v. Lamb, 21765
| Decision Date | 01 October 1962 |
| Docket Number | No. 21765,21765 |
| Citation | 127 S.E.2d 914,218 Ga. 343 |
| Parties | CONSUMERS FINANCING CORPORATION v. Ida T. LAMB, Adm'x, et al. |
| Court | Georgia Supreme Court |
Syllabus by the Court
There being no substantial issue remaining as to any material fact, the lower court did not err in applying the appropriate legal principles and defining the legal rights of the parties without a trial to establish the already undisputed facts and rendering a summary judgment.
This is the second appearance of this case in this court. On the former appearance (Consumers Financing Corporation v. Lamb, 217 Ga. 359, 122 S.E.2d 101), this court affirmed the lower court in overruling the demurrers and held that the petition of the administratrix alleged a cause of action against the defendants as joint tortfeasors and for equitable relief in that the allegations showed that the defendant Consumers Financing Corporation had knowledge of the oral agreement between the other defendant and the petitioner's deceased husband and 'by its acts was a party to such agreement, it owed the plaintiff the duty to procure credit life insurance.' From the admissions of the pleadings the credit life insurance was never obtained, the purchaser of the automobile was never notified that the life insurance was not obtained before he died, the premium for the credit life insurance was included in the sum of money borrowed in the transaction, the note, conditional-sale contract, and payments on the note and the insurance premium were admittedly received, and the contractual relationship between the defendants and between the petitioner's deceased husband and the defendants was shown by exhibits to the answer, and the present plaintiff in error sought to foreclose its retention title contract when this equitable action was brought seeking an injunction, damages and other relief. The defendant, Franklin-Overstreet & Company, by its answer admitted that the deceased would not have purchased the new car had it not agreed to obtain the credit life insurance for him at the time of making the new sale and loan, and the credit life insurance which the purchaser then had on the wrecked automobile would have remained in force and effect, but both it and the plaintiff in error deny that they were 'agreed agents of the purchaser-obligor to procure and obtain such credit life insurance covering the new transaction and the life of the purchaser-obligor.' But both admitted that credit life insurance was included in the sum of money borrowed and the receipt of the note, conditional-sale contract and payments thereon. It was also admitted that an attempt was made to get the credit life insurance but same could not be obtained.
A motion for summary judgment was filed by the plaintiff alleging there exists no genuine issue as to any material fact and the plaintiff is entitled to judgment as a matter of law and equity. This the plaintiff in error denied. After a hearing the court found against the defendants the amount of damages sought, further directing that the same be applied 'toward the cancellation of the note and conditional-sale contract * * * and permanently enjoined and restrained [the defendants] from...
To continue reading
Request your trial
-
Keller v. First Nat. Bank
...that would have been recovered if an insurance policy had been obtained. Id. at 695, 299 S.E.2d at 373. In Consumers Financing Corp. v. Lamb, 218 Ga. 343, 127 S.E.2d 914 (1962), a finance company that added the credit life premium to the amount of the car loan but failed to obtain insurance......
-
Virginia First Sav. & Loan Ass'n v. Wells
...292 S.E.2d 308, 311 (1982), quoting from Fitchett v. Parsons, 142 Va. 163, 168, 128 S.E. 457, 458 (1925). In Consumer's Financing Corp. v. Lamb, 218 Ga. 343, 127 S.E.2d 914 (1962), a purchaser of a new car agreed to cover his conditional-sale loan with credit life insurance. The premium was......
-
Citizens Bank of Swainsboro v. Hooks, 69320
...notice that no insurance was obtained or attainable so that if possible it might be secured elsewhere. Consumers Financing Corp. v. Lamb, 218 Ga. 343, 345, 127 S.E.2d 914 (1962). A written request to charge should be given only if it embraces a correct and complete principle of law, not inc......
-
Carrollton Federal Sav. & Loan Ass'n v. Young
...elsewhere, Carrollton Federal would be estopped from raising her lack of insurability as a defense. See Consumers Fin. Corp. v. Lamb, 218 Ga. 343, 345, 127 S.E.2d 914 (1962). 3. Appellee Young's testimony concerning his telephone call to Carrollton Federal to confirm that the insurance cove......