Legal Opinion

Dunford v. Columbus Auto Auction, Inc.

Court of Appeals of Georgia

Decided October 4, 1966No. 42142PublishedCited by 6 opinions

1Opinion of the Court

Frankum, Judge.

1. Where one engaged in the business of lending money to a dealer in used automobiles under what is generally referred to as a “floor plan” arrangement takes a bill of sale, absolute on its face, as security for a sum of money loaned on a described automobile (not subject to the provisions of the “Motor Vehicle Certificate of Title Act”), and where such lender fails to file a financing statement under the provisions of Code Ann. Ch. 109A-9—4, his security interest in such automobile may be lost either by the sale of the automobile by the dealer in the usual course of business…

2Cases cited3 opinions

  1. Clarke Bros. v. McNattSupreme Court of Georgia · 1909
  2. Capital Automobile Co. v. WardCourt of Appeals of Georgia · 1936
  3. Wreyford v. Peoples Loan & Finance Corp.Court of Appeals of Georgia · 1965

3Cited by6 opinions

  1. McDonald v. Peoples Automobile Loan & Finance Corp. of Athens, Inc.Court of Appeals of Georgia · 1967
  2. First National Bank & Trust Co. v. McElmurrayCourt of Appeals of Georgia · 1969
  3. Staley v. PHELAN FINANCE CORPORATIONCourt of Appeals of Georgia · 1967
  4. Rome Bank & Trust Co. v. BradshawCourt of Appeals of Georgia · 1977
  5. Crane v. Tambourine (In Re Glenview Imports, Ltd.)United States Bankruptcy Court, N.D. Illinois · 1983

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