Marietta International Sales, Inc. v. Federated Mutual Implement & Hardware Insurance

Bell, Chief Judge.

There is no dispute as to the existence of the policy or as to its terms with respect to a theft loss of a consigned motor vehicle. The trial court in its order granting defendant’s motion stated that applying the rationale of our decision in Division 3 of Chandler v. Gately, 119 Ga. App. 513 (3) (167 SE2d 697), plaintiff was bound by the out-of-court statement of its president that the truck was not held for "resale”; and this evidence demands judgment for defendant. In Chandler, the rule of evidence that the testimony of a party who offers himself as a witness in his own…