Schuster v. CIC-Union Europeene International
Schuster v. CIC-Union Europeene International
Opinion of the Court
Plaintiff instituted an action against defendant seeking $6,499.35 principal, plus interest and attorney fees pursuant to a note. Defendant answered, denying liability, and counterclaimed, alleging that he executed the note to purchase real estate interests in R-Ranch One, Ltd.; that he was fraudulently induced to purchase the real estate interests; that plaintiff acquired knowledge of the fraud; and that he is entitled to rescind his purchase and the note. In answers to interrogatories, defendant elaborated upon his counterclaim by stating the following: “The R-Ranch One, Ltd., sold property interests as an investment with the promise that certain amenities would be added thus adding to the real property’s value. As such, the sale was a security, as the defendant would have no participation in management of the property.”
Plaintiff moved for summary judgment, demonstrating that it purchased the note and a deed to secure debt for value from R-Ranch One, Ltd., on July 31, 1986; that defendant regularly made payments on the note; that defendant last made a payment on the note on June 15, 1987; and that defendant was indebted to plaintiff pursuant to the note in the amount of $6,499.35 principal, plus interest and attorney fees. The trial court awarded summary judgment to plaintiff in the amount of $6,499.35 principal, $4,158.69 interest, $674.93 attorney fees and costs. Defendant appeals. In his sole enumeration of error, defendant asserts a genuine issue of material fact exists as to whether the “interest purchased by [defendant] was a security. . . .” Held:
Assuming, arguendo, that defendant purchased a security interest from R-Ranch One, Ltd., see Fortier v. Ramsey, 136 Ga. App. 203 (220 SE2d 753), we nevertheless affirm the grant of summary judgment. Why? Because plaintiff was a holder in due course. OCGA
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.