Commercial Credit Plan, Inc. v. Mills

Full title: COMMERCIAL CREDIT PLAN, INC. v. MILLS

Court: Court of Appeals of Georgia

Date published: Apr 29, 1975

216 S.E.2d 628 (Ga. Ct. App. 1975)

216 S.E.2d 628

Opinion

50420.

SUBMITTED MARCH 4, 1975.

DECIDED APRIL 29, 1975. REHEARING DENIED MAY 29, 1975.

Deficiency judgment. Chatham State Court. Before Judge Hester.

Smith Portman, Ronald C. Crawford, for appellant.

Lewis Javetz, Emanuel Lewis, for appellee.

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 release of defendant from the obligation and that the company acquiesced in accepting the former wife as the sole obligee. See Loftis Plumbing 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.

SUBMITTED MARCH 4, 1975 — DECIDED APRIL 29, 1975 — REHEARING DENIED MAY 29, 1975.