Merchants Bank v. Head

BRYAN, Justice.

Merchants Bank appeals a judgment entered by the Baldwin Circuit Court in favor of Elizabeth Head on Merchants Bank’s claim against her alleging breach of a promissory note. We reverse the judgment and remand the cause with instructions.

Facts and Procedural History

In March 2008, David Head (“David”) and Elizabeth Head (“Elizabeth”) executed a promissory note in favor of Merchants Bank for a $400,000 business loan (“the 2008 promissory note”). The 2008 promissory note was secured by a mortgage on the Heads’ personal residence. David had completed the loan application, and…