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MIKKELSEN v. SOUTHTRUST BANK

86-554.

521 So.2d 8 (1987)

Robert L. MIKKELSEN v. SOUTHTRUST BANK OF BALDWIN COUNTY.

Supreme Court of Alabama.

Rehearing Denied February 19, 1988.

Attorney(s) appearing for the Case

Greg F. Jones, of Wilkins, Bankester & Biles, Bay Minette, for appellant.

D. Charles Holtz and Gregory S. Combs, of Wilkins, Druhan, Ollinger & Holtz, Mobile, for appellee.

MADDOX, Justice.

The primary issue in this case is whether, in a suit against a guarantor of a promissory note, the trial judge correctly granted the bank a judgment notwithstanding the jury's verdict.

SouthTrust Bank of Baldwin County ("SouthTrust") sued Robert L. Mikkelsen on three promissory notes. Mikkelsen had executed two of the notes as primary obligor and the other as guarantor for one C.W. Spence ("Spence note"). The Spence

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