Commerce Bank of Lebanon, N.A. v. Berry

DOWD, Presiding Judge.

This appeal is from a judgment following a jury verdict in favor of the defendants in an action on a guaranty of a note.

On May 9, 1977, defendants gave to plaintiffs their written continuing guaranty of indebtedness of Medi-Mart, Inc., a corporation whose stock was owned by defendants. The agreement allowed for revocation of the guaranty by “service” on the plaintiff bank’s president, vice-president, cashier, or secretary. On May 17, 1977, plaintiffs bank executed a promissory note with Medi-Mart in the sum of $40,000.00 and deposited said amount in the corporation’s…