Martin v. American Express, Inc.
Alabama Civil Court of Appeals
361 So. 2d 597 (1978)
- Written by Sean Carroll, JD
Facts
Robert Martin (defendant) had a credit card issued by American Express, Inc. (plaintiff). Martin gave the credit card to E. L. McBride, a business colleague, and permitted McBride to use the card for the men’s joint venture. Martin asserted that he verbally told McBride not to use the credit card for more than $500 worth of charges. After Martin gave the card to McBride, Martin’s next invoice from American Express was for approximately $5,300. Martin refused to pay, and American Express brought suit. Martin claimed that McBride’s use was unauthorized under the Truth in Lending Act (the act) and thus was subject to the act’s $50 liability cap. The trial court granted American Express’s motion for summary judgment. Martin appealed.
Rule of Law
Issue
Holding and Reasoning (Bradley, J.)
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