McCULLOUGH v. MOBILAND, INC.

52164.

139 Ga. App. 260 (1976)

228 S.E.2d 146

McCULLOUGH v. MOBILAND, INC.

Court of Appeals of Georgia.

Decided June 10, 1976.

Rehearing Denied July 9, 1976.


Attorney(s) appearing for the Case

Gershon, Ruden, Pindar & Olim, Jay E. Loeb, for appellant.

Barwick, Bentley & Binford, Thomas S. Bentley, Gary L. Seacrest, for appellee.


STOLZ, Judge.

This is a suit on a note executed by defendant McCullough, secured by assignment of 7,500 shares of common stock in Mobiland, and presently in default. In the bench trial below, the judge entered a verdict for plaintiff Mobiland, and it is from this judgment that the defendant, Glenn McCullough, appeals.

The thrust of this appeal is whether or not the plaintiff-creditor could retain the collateral while pursuing legal action to recover on the...

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