Smith v. First Am. Bank & Trust Co.

• Court: Georgia Court of Appeals
• Writing for the Court: BELL
• Citation: Smith v. First Am. Bank & Trust Co., 228 S.E.2d 227, 139 Ga.App. 292 (Ga. App. 1976)
• Decision Date: 09 July 1976
• Docket Number: No. 52282,No. 1,52282,1
• Parties: B. L. SMITH et al. v. FIRST AMERICAN BANK & TRUST COMPANY

Page 227

228 S.E.2d 227

139 Ga.App. 292

B. L. SMITH et al. v. FIRST AMERICAN BANK & TRUST COMPANY.

No. 52282.

Court of Appeals of Georgia, Division No. 1.

July 9, 1976.

Bryant & Stone, George H. Bryant, Danielsville, for appellants.

Cook, Noell, Bates & Warnes, J. Vincent Cook, Athens, for appellee.

BELL, Chief Judge.

Plaintiff brought this suit to recover a deficiency balance allegedly due on an installment note and security agreement, plus interest and attorney fees. The case arose out of defendant Bobby Lee Smith's purchase of a mobile home. His parents, the other defendants, according to the complaint, guaranteed payment of the note and security agreement. The defendant son set up the affirmative defense of accord and satisfaction and the other defendants pleaded that there signatures to the guaranty were obtained by specified acts of fraud and misrepresentation of plaintiff and that the guaranty failed for lack of consideration. The plaintiff moved for summary judgment which the trial...