Fulton National Bank v. Marshall

Hill, Justice.

On September 22, 1976, Fulton National Bank repossessed a 1972 Ford Torino from Roland C. Marshall. Marshall subsequently filed suit against the bank, alleging wrongful repossession and seeking damages for conversion. By amendment he added a claim for conversion based on the allegation that the bank had failed to sell the car within 90 days of repossession as required by Code Ann. § 109A-9 — 505. The bank counterclaimed for the unpaid balance on the note, interest, cost of collection and attorney fees. The case was tried to a judge on stipulated facts and judgment was entered…