SMITH v. FIRST NATIONAL BANK OF ATLANTA

A91A0499.

199 Ga. App. 858 (1991)

406 S.E.2d 519

SMITH et al. v. FIRST NATIONAL BANK OF ATLANTA.

Court of Appeals of Georgia.

Decided June 4, 1991.


Attorney(s) appearing for the Case

Finn, Cunningham & Hurtt, R. Scott Cunningham, for appellants.

McCamy, Phillips, Tuggle, Rollins & Fordham, C. Lee Daniel III, for appellee.


CARLEY, Judge.

Appellant-defendants executed a guaranty agreement which was under seal and which provided, in relevant part, that it had been executed in "consideration of the sum of FIVE DOLLARS ($5.00) and other valuable considerations...." When appellee-plaintiff brought suit on the agreement, appellants answered and asserted, among their other defenses, "that they [had] received no consideration in exchange [there]for...." After discovery, cross-motions for summary...

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