HACKNEY v. FIRST ALABAMA BANK

88-1145.

555 So.2d 97 (1989)

T. Morris HACKNEY v. FIRST ALABAMA BANK.

Supreme Court of Alabama.

November 17, 1989.


Attorney(s) appearing for the Case

David R. Donaldson and J. Michael Rediker of Ritchie and Rediker, Birmingham, for appellant.

Henry E. Simpson and Joe A. Joseph of Lange, Simpson, Robinson & Somerville, Birmingham, for appellee.


JONES, Justice.

T. Morris Hackney appeals from a summary judgment in favor of First Alabama Bank ("FAB") on FAB's claim against Hackney for breach of a continuing guaranty agreement guaranteeing payment of a note executed by Banton, Inc., a corporation purchased by Hackney. Because we find that Hackney's affirmative defenses of fraud, lack of consideration, and mistake lack supporting evidence, we affirm the trial court's judgment.

Prior to Hackney's purchasing...

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