Ford Motor Credit Co. v. Hitchcock

Pannell, Judge.

1. The “bad faith” which will authorize recovery of attorney’s fees in an action seeking damages and attorney’s fees under Code § 20-1404 is “bad faith” in the *564transaction out of which the cause of action arose. Traders Ins. Co. v. Mann, 118 Ga. 381 (6, 7), 384 (45 SE 426); McKenzie v. Mitchell, 123 Ga. 72 (51 SE 34); Lovell v. Frankum, 145 Ga. 106 (88 SE 569).

Where, as here, a petition seeking damages for the alleged wrongful repossession of an automobile alleges that the defendant finance company wilfully, intentionally, and maliciously and without probable cause repossessed…