Carter Et Al. v. Credithrift of America, Inc., 143 Ga. App. 256, 238 S.E.2d 257 (1977)

Georgia Court Of Appeals, (July 11, 1977)

Docket number: 54209
ARGUED

QUILLIAN, Presiding Judge. - ARGUED
Permanent Link: http://vlex.com/vid/carter-et-credithrift-of-america-inc-20474422
Id. vLex: VLEX-20474422

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Summary:

Judgment reversed. Shulman and Banke, JJ., concur.

Citations:

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Supreme Court of Georgia - MOORE v. AMERICAN FINANCE SYSTEM., 236 Ga. 610, 225 S.E.2.d 17

Georgia Court Of Appeals - Patman v. General Finance Corporation of Georgia., 128 Ga. App. 836, 198 S.E.2d 371 (1973)

See other documents that cite the same legislation

Text:

Gilbert, Kraselsky & Owens, Robert L. Kraselsky, for appellee.Marion K. Smith, for appellants.

This appeal was taken from the denial of defendant's motion to set aside a default judgment. It is contended that the loan contract on which suit was brought violated the provisions of the Industrial Loan Act, Code Ann. 25-319 (Ga. L. 1955, pp. 431, 444) by failing to disclose "the amount of each class of insurance carried and the premiums paid thereon." Held:

The contract in question revealed the premium charged for the insurance but not the amount of each class of insurance carried. Hence, there appears a clear violation of the statute which requires the grant of defendant's motion to set aside. Patman v. General Fin. Corp. of Ga., 128 Ga. App. 836 (198 SE2d 371); Hawkins v. Household Fin. Corp. of Decatur, 236 Ga. 610 (225 SE2d 17).

1977