COMMERCE UNION BANK v. BURGER-IN-A-POUCH


657 S.W.2d 88 (1983)

COMMERCE UNION BANK, Plaintiff-Appellant, v. BURGER-IN-A-POUCH, INC., the Best of Both, Inc., Kenneth H. Mitchell, Linda S. Mitchell, Jimmy L. Darnell, Eugene Gilley, Defendants-Appellees, and Billy G. Heatherly, Appellee.

Supreme Court of Tennessee, at Nashville.

September 6, 1983.


Attorney(s) appearing for the Case

Joe M. Haynes, Goodlettsville, for plaintiff-appellant.

Denty Cheatham, Cheatham & Palermo, Nashville, for defendants-appellees.


OPINION

ALLISON B. HUMPHREYS, Special Justice.

This case is before this Court on appeal from the Court of Appeals. It arises under the uniform negotiable instrument law, a part of the Uniform Commercial Code, T.C.A. §§ 47-1-101 et seq. It involves a $24,900 promissory note of a corporation first named Burger-in-a-Pouch, a name later changed to Best of Both, and a surety contract signed by appellee Heatherly and others, guaranteeing absolutely...

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