Cullers v. Home Credit Co.

Pannell, Judge,

dissenting. I agree with the ruling of the majority in Division 3 of the opinion holding that the Industrial Loan Act does not require a lender to give the borrower an option as to whether he will purchase "level term” or "decreasing term” life insurance. But this is a question very different from that decided in Division 2 of the opinion, to the effect that the lender does not have to state on the loan papers whether the life insurance is "level term” or "decreasing term.” I must dissent from the ruling of the majority in Division 2 of the opinion because it is in direct conflict with the holding in Division 2 of the opinion of this court in the case of Patman v. General Finance Corp., 128 Ga. App. 836 (198 SE2d 371); and I must also dissent from Division 4 of the opinion which attempts to merge the very different subject matters of Divisions 2 and 3 into one single issue. The attempt to distinguish this case and to hold the clear distinct ruling in Division 2 of the opinion in the Patman case is based solely on the failure of the contract to show the amount of credit life insurance and as not ruling that the obligation was voided because of the failure to show whether it was level or declining term insurance, and that if such ruling was made it was obiter dictum *449is clearly not supported either by the law or by the opinion sought to be so modified. By the majority ruling, the statement in the Patman case "further, nowhere in the contract is the amount of insurance shown” is taken to be the entire ruling of the court. If there is any portion of this decision that is obiter dictum it is the ruling quoted above.

"A ruling is not dictum merely because the disposition of the case is or might have been made on some other ground. 'Where a case presents two or more points, any one of which is sufficient to determine the ultimate issue, but the court actually decides all such points, the case is an authoritative precedent as to every point decided, and none of such points can be regarded as having merely the status of a dictum.’ 21 CJS 315, Courts, § 190 (b); Dooly v. Gates, 194 Ga. 787, 793 (22 SE2d 730); Rivers v. Brown, 200 Ga. 49, 52 (36 SE2d 429).” Vann v. American Credit Co., 115 Ga. App. 559, 561 (155 SE2d 459). "A dictum is an opinion expressed by a court, but which, not being necessarily involved in the case, lacks the force of an adjudication; an opinion expressed by a judge on a point not necessarily arising in the case; a statement or holding in an opinion not responsive to any issue and not necessary to the decision of the case;. . . The term 'dictum’ is generally used as an abbreviation of 'obiter dictum’ which means a remark or opinion uttered by the way.” 21 CJS 309, 311, § 190.

The Patman case is the only case deciding the point at issue and disposed of in Division 2 of the majority opinion contrary to the holding in the Patman case. I must, therefore, unless the Patman case is overruled, most respectfully dissent from the ruling of the majority in Divisions 2 and 4 of the opinion, and the judgment of affirmance.

I am authorized to state that Judge Deen concurs in this dissent.