Kalb v. Gwinnett Commercial Bank

Sognier, Judge.

This is a suit upon a promissory note assigned by the payee, Bentley, to the appellee bank. Appellants, makers of the note, contend that it was error for the trial court to grant summary judgment to the bank because there was a genuine issue as to whether the bank was a holder in due course so as to take the instrument free of defenses which Bentley might have. We agree.

The promissory note in issue states on its face that it is "non-negotiable.” We considered an identical note in Henry v. Cobb Bank &c. Co., 151 Ga. App. 725 (1979), which is controlling here. In that case we…