Charles Evans BMW, Inc. v. Williams
Georgia Court of Appeals
395 S.E.2d 650 (1990)
- Written by Eric Cervone, LLM
Facts
Williams (defendant) agreed to sell his car to Hodge. Williams accepted a cashier’s check from Hodge as payment. Williams signed the title and delivered the car and title to Hodge, with no indication on the title that Hodge was the purchaser. While pretending to be Williams, Hodge sold the car to Charles Evans BMW, Inc. (Evans BMW) (plaintiff) and accepted a check that named Williams as the payee. Hodge later cashed the check using Williams’s driver’s-license number. Evans BMW then resold the car to another party. After the car was resold, Williams realized that the cashier’s check he had accepted from Hodge was a forgery. Once the car was located by the local police, Evans BMW was required to refund the purchase price and return the car to Williams. Evans BMW retained the certificate of title and initiated action against Williams. Evans BMW claimed that it had the right to possess the car because Evans BMW was a good-faith purchaser for value when it bought the car from Hodge. The trial court granted summary judgment in favor of Williams. Evans BMW appealed.
Rule of Law
Issue
Holding and Reasoning (Carley, C.J.)
What to do next…
Here's why 802,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
