Moreland v. General Finance Corp.
Moreland v. General Finance Corp.
Opinion of the Court
It is stated in the plaintiff’s brief: “It is unquestioned between the parties hereto that Jim Barnett Motors, Inc., acquired, lawful title to said automobile. The testimony clearly shows that Jim Barnett Motors, Inc., placed with Rebel Motors, Inc., certain automobiles including this said Lincoln automobile, and took as security therefor a.bill of sale to secure debt. As shown by the testimony, in the normal course of trade in the automobile business a dealer may pass lawful title to an automobile even in the face of a bill of sale to secure debt, or a ‘trust receipt’ or ‘floor plan’ as it is referred to in the automobile business. Murray T. Evans, the president of Rebel Motors, Inc., was empowered to make such a transfer of title.”
In Gernazian v. Harrison, 66 Ga. App. 689 (19 SE2d 165), it was said: “Where one lends money to an automobile dealer and to secure the debt takes a bill of sale to an automobile which the lender expressly or by clear implication authorizes the dealer to sell in the regular course of business, the lender constitutes the dealer his agent to collect the proceeds of the sale and to account to him for the amount of the debt; and where the dealer sells the automobile to one who deals with him as a dealer, and in the due course of his business, and to one who is not guilty of participation in the fraudulent disposition of the proceeds of the sale, the lender’s title is extinguished, and he cannot assert it against such purchaser, though the bill of sale to secure debt be duly recorded.” In Automobile Financing, Inc. v. Downing Motors, 95 Ga. App. 711 (98 SE2d 643), it was held that such sale need not be at retail but that a sale made at wholesale in the ordinary course of dealings divested the finance company of title as'to the purchaser.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.