Murphy v. Bank of Dahlonega

Quillian, Presiding Judge.

Appellant Murphy, plaintiff below, appeals from the denial of his motion for summary judgment and the grant of defendant Bank of Dahlonega’s motion for summary judgment on its counterclaim. Murphy signed a "Consumer Collateral Installment Note” as co-maker with his minor stepson. The stepson defaulted on the note by not making any payments and the bank repossessed and sold the collateral — an automobile. Thereafter, the bank exercised its right under the contract to apply the money in appellant’s bank account to the sum remaining due on the note. Appellant then…