Motz v. Landmark First National Bank

Sognier, Judge.

Landmark First National Bank of Fort Lauderdale (Bank) filed a complaint against Charles S. Motz (Motz) seeking judgment against him on a promissory note from Earth Services Organization, Inc. (Earth Services) to the Bank and endorsed by Motz and Dickey (the president of Earth Services).

Motz defended on several grounds, including waiver and release, accord and satisfaction, lack of consideration, payment, duress and , fraud, failure to properly apply payment, change of the obligation, failure to promptly seek collection and finally disability under Georgia law to bring the…