PATE v. MERCHANTS NAT. BANK OF MOBILE

82-34.

428 So.2d 37 (1983)

Cornelia G. PATE v. The MERCHANTS NATIONAL BANK OF MOBILE, a National Banking Association.

Supreme Court of Alabama.

February 25, 1983.


Attorney(s) appearing for the Case

Joseph J. Boswell, Mobile, for appellant.

R. Gregory Watts of Butler & Sullivan, Mobile, for appellee.


MADDOX, Justice.

The trial court granted appellee bank's motion for summary judgment and denied appellant guarantor's motion for partial summary judgment. We must answer the following question: Was the bank, under the terms of the guaranty contract signed by guarantor, free to unilaterally take the guarantor's personal funds which were on deposit and apply those funds to the payment of the corporate indebtedness which the guarantor, under the terms of the guaranty...

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