National Bank of Georgia v. Keriaze, 64070

Decision Date10 September 1982
Docket NumberNo. 64070,64070
Citation163 Ga.App. 652,294 S.E.2d 688
PartiesThe NATIONAL BANK OF GEORGIA v. KERIAZE et al.
CourtGeorgia Court of Appeals

Fredric Chaiken, Atlanta, for appellant.

Virginia Bips, Atlanta, for appellees.

SOGNIER, Judge.

The National Bank of Georgia sued Lenaki Keriaze and Ruth Tyree on a note secured by a 1979 Mercury Cougar. Keriaze and Tyree answered and admitted executing the note but denied liability on the note. They subsequently filed a counterclaim alleging that they were damaged by the Bank's negligent failure to obtain and hold the title to the automobile. The trial court denied the Bank's motion for summary judgment on the note and denied Keriaze and Tyree's motion for summary judgment on the counterclaim. We granted the Bank's application for interlocutory review of the denial of its motion for summary judgment.

Appellant contends that the trial court erred by denying its motion for summary judgment because the Bank had established a prima facie case of appellees' liability on the note. Appellees admitted execution of the note and failed to raise any viable defenses to the note. Appellees' counterclaim alleges a negligent failure of the Bank to perform a duty implied by the contract, i.e., to obtain and retain the title to the automobile. However, such a counterclaim is not a defense to the note. Appellees failed to submit any evidence to controvert appellant's prima facie case, and since appellees did not establish a legally sufficient defense, the Bank is entitled to summary judgment on the note. Area v. Cagle, 148 Ga.App. 769, 770, 252 S.E.2d 655 (1979); Freezamatic Corp. v. Brigadier etc. Corp., 125 Ga.App. 767, 189 S.E.2d 108 (1972). However, the case must go back to the trial court for a jury trial on appellees' counterclaim which is still pending.

Judgment reversed.

DEEN, P. J., and POPE, J., concur.

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4 cases
  • Harrison v. Martin
    • United States
    • Georgia Court of Appeals
    • May 27, 1994
    ...that a prima facie case was established via Martin's admission that she executed the seven promissory notes. Nat. Bank of Ga. v. Keriaze, 163 Ga.App. 652, 294 S.E.2d 688; Q.S. King Co. v. Minter, 124 Ga.App. 517, 518(3), 184 S.E.2d 594. However, this does not mean Harrison is automatically ......
  • Scott v. Citizens Bank of Americus
    • United States
    • Georgia Court of Appeals
    • September 6, 1988
    ...had all been pierced, appellee had a prima facie right to judgment for the face amount of the note. See National Bank of Ga. v. Keriaze, 163 Ga.App. 652, 294 S.E.2d 688 (1982); Freezamatic Corp. v. Brigadier Indus., 125 Ga.App. 767, 189 S.E.2d 108 5. The trial court correctly granted summar......
  • Ohoopee Production Credit Ass'n v. Aspinwall, 74116
    • United States
    • Georgia Court of Appeals
    • June 16, 1987
    ...note: appellee had admitted execution of the note and had failed to raise any viable defenses to the note. See Nat. Bank of Ga. v. Keriaze, 163 Ga.App. 652, 294 S.E.2d 688 (1982). Appellee maintains that he raised the affirmative defense of failure of consideration in his After filing an an......
  • Keriaze v. National Bank of Georgia
    • United States
    • Georgia Court of Appeals
    • October 5, 1983
    ...R. Jeffrey Morrison, Atlanta, for appellee. BIRDSONG, Judge. This case earlier appeared before this court (Nat. Bank of Georgia v. Keriaze, 163 Ga.App. 652, 294 S.E.2d 688); but on remand, when the case was called for trial on appellant's counterclaim, the appellants failed to appear. The t......

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