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ALSUP v. COMMERCIAL GUARANTY BANK OF MOBILE

SC 1447.

331 So.2d 251 (1976)

S. A. ALSUP v. COMMERCIAL GUARANTY BANK OF MOBILE, an Alabama Banking Corporation.

Supreme Court of Alabama.

Rehearing Denied May 7, 1976.

Attorney(s) appearing for the Case

Collins, Galloway & Smith, Mobile, for appellant.

Sam W. Pipes and Wesley Pipes, Mobile, for appellee.

MERRILL, Justice.

This appeal is from an order of the trial court granting plaintiff's motion for a new trial. Defendant appealed. We affirm.

Appellant-defendant Alsup owed appellee, Commercial Guaranty Bank of Mobile, $125,000.00 plus interest as a result of a promissory note executed by appellant to the bank on July 16, 1971. In payment of the original note, the bank received, from time to time, other notes and cash.

Pertinent to this cause is a...

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