Walsh v. Hibernia National Bank

Banke, Judge.

This is a suit by a bank to collect on a “Continuing Guaranty” agreement executed by the appellant, unconditionally guaranteeing payment of the indebtedness of a company called Pound Sterling, N.

O., Ltd., up to the amount of $7,500. The appeal is from a grant of summary judgment to the bank.

The appellant does not dispute his execution of the agreement, which creates on its face an unconditional suretyship. See, e.g;, White v. Chapman, 149 Ga. App. 409, 410 (254 SE2d 434) (1979). However, he contends that he was induced to sign the document by the borrower’s promise to issue him 5…