Rothstein v. First National Bank of Atlanta

Smith, Judge.

In the present action by a borrower against a defendant bank based upon alleged fraud in the execution of certain notes by the borrower and damage to the borrower’s credit resulting therefrom, there was no error in granting the defendant bank’s motion for summary judgment based upon res judicata or estoppel by judgment on the ground that in a prior action brought by the bank against the borrower upon said notes, in which the same alleged fraud was pleaded as a defense and as the basis of a counterclaim therein, a judgment was rendered in favor of the bank. This is true even…