First National Bank of Atlanta v. McClendon

Birdsong, Judge.

Appellant First National Bank sued appellee McClendon upon a note, seeking attorney fees and interest. The note with McClendon’s signature was attached to the complaint, together with a proper demand letter for attorney fees. In an affidavit attached to a motion for summary judgment, McClendon admitted the note and his signature. In his answer, McClendon made a general denial but offered no affirmative defenses.

McClendon moved for summary judgment. In his supporting affidavit, he asserts that he purchased a car and obtained the cash for its purchase by signing the note in…