Hardy v. McMullan

This is the second appeal involving the same facts and parties. AmSouth Bank sued Phillip R. Hardy, Jay Amin, and Robert Pager to collect upon a $235,000 note the defendants had executed to the bank in order to finance their company, TTI, Inc. Paul McMullan was also a maker on the note, but he was not sued, because he had previously paid off a portion of the debt in exchange for AmSouth's agreement not to take legal action against him for six months.

AmSouth filed a motion for summary judgment and only Hardy responded to it. Hardy later amended his answer to include a counterclaim alleging…