Goldberg v. National Bank

Pope, Judge.

On November 12, 1980 appellee Bank brought suit in DeKalb State Court against Robert M. Goldberg (“executor”) in his capacity as executor of the estate of Alvin Goldberg (“decedent”) who died on *107September 11,1979. The complaint alleged that on January 5, 1977 decedent and Rosenfeld, the executor’s co-defendant, personally guaranteed an installment note in favor of the Bank from Buy-Rite, Inc., that the note was in default, and that Buy-Rite, Inc. had filed its petition in bankruptcy. In his answer the executor raised, inter alia, the defense of plene administravit, that he had…