Commerce Union Bank v. Burger-In-A-Pouch, Inc.

OPINION

ALLISON B. HUMPHREYS, Special Justice.

This case is before this Court on appeal from the Court of Appeals. It arises under the uniform negotiable instrument law, a part of the Uniform Commercial Code, T.C.A. §§ 47-1-101 et seq. It involves a $24,900 promissory note of a corporation first named Burger-in-a-Pouch, a name later changed to Best of Both, and a surety contract signed by appellee Heatherly and others, guaranteeing absolutely and unconditionally the payment to appellant bank of that note. This contract is appended to this opinion.

On September 27,1976, appellee Heatherly, at…