Franklin National Bank v. Wall Street Commercial Corp.

This is a motion by plaintiff for summary judgment in an action to recover the unpaid balance of a promis*1004sory note, together with an attorneys’ fee computed in the amount of 20% on such balance. The complaint also includes a cause of action to recover the amount by which the corporate defendant overdrew its bank account. The action is brought against the corporate maker of the note and the individual defendants who executed a guarantee of payment of the corporation’s indebtedness to the bank.

The defense consists of an alleged oral assurance given to the defendants by a bank officer that the…