Hill v. Consumer Nat. Bank

482 So.2d 1124 (1986)

Cary L. HILL

v.

CONSUMER NATIONAL BANK.

No. 55282.

Supreme Court of Mississippi.

January 22, 1986.

John Arthur Eaves, Eaves & Eaves, Jackson, for appellant.

Arthur D. Currie, Jackson, for appellee.

Before WALKER, P.J. and ROBERTSON and SULLIVAN, JJ.

ROBERTSON, Justice, for the Court:

I

This appeal provides an object lesson regarding what showing is — and what is not — sufficient to avoid summary judgment in a suit on a promissory note where the maker asserts an affirmative defense.

Under our law one who signs a note is personally obligated unless it affirmatively appears that he…