[Download] "Ford Motor Credit Company v. Hunt" by Supreme Court of Georgia # eBook PDF Kindle ePub Free
eBook details
- Title: Ford Motor Credit Company v. Hunt
- Author : Supreme Court of Georgia
- Release Date : January 23, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is the second appearance of this case before this court. In its first appearance, this court granted certiorari and remanded the case to the Court of Appeals for reconsideration in light of this court's holding in Fulton Nat. Bank v. Horn, 239 Ga. 648 (238 S.E.2d 358) (1977). On remand, the Court of Appeals (144 Ga. App. 281 (241 S.E.2d 9) (1977)) concluded that this case fell under the rationale of Lee v. O'Quinn, 184 Ga. 44 (190 S.E. 564) (1937), rather than Horn, since the declaration-of-acceleration clause here does not provide that the creditor may declare acceleration 'without notice. Additionally, the Court of Appeals' opinion concluded that hile it can with propriety be argued that Horn holds that the right to repossess is in addition to the right to accelerate, we nevertheless believe that Horn provides insufficient ground for overturning our prior decision since Horn, in apparent dictum, leaps the chasm from acceleration clause to repossession clause without any construction of the word 'and.' In these circumstances we believe our prior decision must be allowed to stand.