Citizens Trust Bank v. Tyler

Banke, Judge.

The appellant, Citizens Trust Bank, sued the appellee to collect a 60-day promissory note in the principal amount of $3,000. The appellee admitted execution of the note but defended on the basis of fraud in the procurement. He also asserted a counterclaim based on fraud and breach of a collateral agreement regarding the disposition of certain funds which he allegedly delivered to the bank in payment of the obligation. This appeal is from the denial of the bank’s motion for summary judgment.

The appellee signed the note as co-maker with C. F. Locke, Sr., who had contracted with the…