Wood v. First Nat. Bank of Commerce
Decision Date | 17 June 1983 |
Docket Number | No. 65680,65680 |
Citation | 167 Ga.App. 202,305 S.E.2d 852 |
Parties | , 37 UCC Rep.Serv. 375 WOOD v. FIRST NATIONAL BANK OF COMMERCE. |
Court | Georgia Court of Appeals |
Jack S. Davidson, Jefferson, for appellant.
John T. Brown, Commerce, for appellee.
Appellee-Bank loaned money to appellant and the note evidencing the indebtedness was secured by an automobile. Appellant failed to make payments as required by the terms of the note and appellee repossessed the automobile. After giving notice to appellant, appellee sold the vehicle at a private sale for $300. Appellee then instituted the instant action to recover the deficiency balance on the note. The case was submitted to the jury and a verdict was returned for appellee. Appellant appeals from the entry of judgment on the jury's verdict.
In related enumerations of error, appellant attacks the sufficiency of the evidence to support the verdict for appellee. It is essentially appellant's contention that the evidence failed to demonstrate that the sale of the automobile was performed in a commercially reasonable manner.
Vines v. Citizens Trust Bank, 146 Ga.App. 845, 848(4), 247 S.E.2d 528 (1978). Granite Equip. Leasing Corp. v. Marine Devel. Corp., 139 Ga.App. 778, 779, 230 S.E.2d 43 (1976).
Appellant first asserts that there was no evidence to authorize a finding that the underlying sale of the automobile was commercially reasonable as to the method and manner in which it was conducted and that appellee was accordingly barred from any recovery for a deficiency on the note. While it is true that appellee's witness did not testify as to the specifics of the sale of the automobile, he did testify as to appellee's "standard procedure" in such matters. That standard procedure was to obtain three bids on repossessed automobiles and to accept the highest one. The witness' testimony was also sufficient to show that such standard procedure was followed with regard to the sale of the automobile in the instant case. " Baxter v. State, 159 Ga.App. 632, 633, 284 S.E.2d 649 (1981). Accordingly, we cannot say that there was no evidence as to the commercial reasonableness of the method and manner in which the sale was conducted. Ennis v. Atlas Finance Co., 120 Ga.App. 849, 850, 172 S.E.2d 482 (1969). See generally Ace Parts & Distrib. v. First Nat. Bank, 146 Ga.App. 4, 5(2), 245 S.E.2d 314 (1978), overruled on other grounds, Depart. of Transp. v. Claussen Paving Co., 246 Ga. 807, 808(2), 273 S.E.2d 161 (1980); Gordon v. Weldon, 154 Ga.App. 531, 532(2), 268 S.E.2d 796 (1980); Hardin v. Norlin Music, Inc., 159 Ga.App. 167, 283 S.E.2d 21 (1981).
Appellant also asserts that appellee's evidence failed to overcome the presumption that the value of the automobile equalled the underlying debt. As noted above, this presumption arises if the secured party fails "to prove the value of the collateral at the time of respossession ..." Granite Equip. Leasing Corp. v. Marine Devel. Corp., supra 139 Ga.App. at 779, 230 S.E.2d 43. Appellant essentially asserts that the testimony by appellee's witness concerning the value of the automobile was speculative. See generally BVA Credit Corp. v. May, 152 Ga.App. 733, 264 S.E.2d 32 (1979). We note at the outset that ...
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