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MERCANTILE NATIONAL BANK v. BERGER

48283, 48319.

129 Ga. App. 707 (1973)

200 S.E.2d 921

MERCANTILE NATIONAL BANK v. BERGER et al.; and vice versa.

Court of Appeals of Georgia.

Decided September 5, 1973.

Rehearing Denied September 21, 1973.

Attorney(s) appearing for the Case

Haas, Holland, Levison & Gibert, Hugh W. Gibert, Harold D. Corlew, for appellant.

Kaler, Keresh & Frankel, Jerry L. Sims, Robert Stokes Neeson, for appellees.

EVANS, Judge.

Mercantile National Bank sued Sidney C. Berger and Robert E. Britt for the balance due on two promissory notes. One note was for $120,000, executed by Birdseye Industries, Inc., Berger and Britt. Defendants also executed a guarantee of payment of the obligation of Bridseye. Berger and Britt, as individuals, executed the other promissory note in favor of plaintiff for $5,000. The notes are now in default, Birdseye is bankrupt, and plaintiff seeks judgment...

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