COLE v. BANK OF HUNTSVILLE

78-179.

375 So.2d 258 (1979)

Thomas COLE v. The BANK OF HUNTSVILLE, an Alabama Banking Corporation.

Supreme Court of Alabama.

September 21, 1979.


Attorney(s) appearing for the Case

William K. Bell, Huntsville, for appellant.

Michael C. Moore, Huntsville, for appellee.


ALMON, Justice.

This appeal arises from a judgment in the trial court granting the Bank's motion for a directed verdict. We affirm in part and reverse in part.

The facts are, in all material respects, undisputed. Mr. Thomas Cole and Mr. J. O. Wooten signed a promissory note payable to The Bank of Huntsville for $10,000 on June 16, 1976. According to the bank records the proceeds of the note were deposited into the

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