Philyaw v. Fulton National Bank

Marshall, Judge.

This appeal is from a grant of summary judgment on the issues of liability and damages in favor of Fulton National Bank.

The facts reflect that Philyaw signed a promissory note in order to obtain funds to purchase a car. Philyaw ultimately became delinquent in three of the regular monthly installment payments. In accordance with the terms of the promissory note executed by Philyaw, the bank orally informed him that the note was accelerated and the full amount was due and payable. Philyaw was unable to obtain the full amount on the day of demand and obtained a delay for three…