Malak v. First National Bank

Beasley, Judge.

Plaintiff Malak appeals from the grant of defendant First National’s motion for partial summary judgment on counts alleging that First National wrongfully dishonored depositor Malak’s check. The check was a quarterly payment on a promissory note secured by a parcel of land Malak had purchased from McGinnis. See Malak v. McGinnis, 257 Ga. 622 (361 SE2d 798) (1987).

Malak, an alien, married a U. S. citizen in 1984 and purchased real property from McGinnis in 1985 for $101,400, paying $15,000 down and giving a promissory note and security deed for the balance of $86,400. The note…