McBurnett v. National City Bank

Quillian, Presiding Judge.

This appeal is from the grant of plaintiffs motion for summary judgment. The plaintiff sought to recover an amount owing under an installment note and security agreement executed by defendant as a co-maker. The defendant counterclaimed and contended he was discharged because the plaintiff had obtained a lesser amount of life insurance than agreed upon by the parties; that upon a reduction of the principal amount of insurance the defendant was not notified. It is argued that the plaintiff thereby wrongfully impaired the collateral for the note under Code Ann. §…