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Willingham v. Willingham

Court of Appeals of Georgia
Oct 2, 1981
286 S.E.2d 754 (Ga. Ct. App. 1981)

Opinion

62235.

DECIDED OCTOBER 2, 1981. REHEARING DENIED OCTOBER 27, 1981.

Garnishment. Fulton State Court. Before Judge Beasley.

Thomas H. Antonion, for appellant.

Scott Walters, Jr., for appellee.


This case was transferred to this court by the Supreme Court.

Appellant paid a $7,000 alimony payment to his ex-wife, but she returned the check to him. The evidence shows that at the time, the parties were dating and both of them apparently believed they would reconcile, that the appellant was then in some economic difficulty, and the appellee returned the check because she believed they would remarry and she "didn't want to feel like a really big heel." They did not remarry. From a judgment sustaining the ex-wife's garnishment against the appellant, he appeals. Held:

This case is not controlled by the Uniform Commercial Code, as appellant argues. The evidence supports a finding that appellant's $7,000 alimony debt was not paid, and that it was not forgiven and not extinguished. Whether a debt is extinguished or forgiven by certain acts is dependent upon the intention of the parties, to be arrived at from an examination of all the circumstances. See Rossville Fed. Savings c. Assn. v. Chase Manhattan Bank, 223 Ga. 188, 190 (3) ( 154 S.E.2d 243). The trier of fact heard the evidence in the case, and as it fully supports the judgment we will not disturb it on appeal. Howard Sheppard, Inc. v. McGowan, 137 Ga. App. 408, 410 ( 224 S.E.2d 65).

Judgment affirmed. Shulman, P. J., and Sognier, J., concur.

DECIDED OCTOBER 2, 1981 — REHEARING DENIED OCTOBER 27, 1981 — CERT. APPLIED FOR.


Summaries of

Willingham v. Willingham

Court of Appeals of Georgia
Oct 2, 1981
286 S.E.2d 754 (Ga. Ct. App. 1981)
Case details for

Willingham v. Willingham

Case Details

Full title:WILLINGHAM v. WILLINGHAM

Court:Court of Appeals of Georgia

Date published: Oct 2, 1981

Citations

286 S.E.2d 754 (Ga. Ct. App. 1981)
286 S.E.2d 754

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