Auerbach v. First National Bank of Atlanta

Shulman, Judge.

Appellant Auerbach, an apartment developer, executed two unconditional promissory notes in favor of appellee First National Bank for the purpose of financing the construction of an apartment project. When appellant did not pay the amount allegedly due under the notes, appellee brought suit. This appeal follows an order granting the bank’s motion for summary judgment.

1. In his answer, appellant admitted executing the notes and further admitted that the notes were due and not paid upon demand. This established a prima facie case for recovery on the notes, and it was incumbent…