Legal Opinion

First Bank v. Kilpatrick-Smith Construction Co.

Court of Appeals of Georgia

Decided January 18, 1980No. 59010PublishedCited by 7 opinions

1Opinion of the Court

Shulman, Judge.

Defendant-First Bank of Savannah (hereinafter "Bank”) brings this interlocutory appeal from an order denying its motion for summary judgment. We reverse.

Plaintiffs were the makers and guarantors of certain notes held by defendant-bank. Deeming itself insecure on two of such notes, defendant accelerated the due date of the loans in accordance with the provisions of the notes, debiting plaintiff-corporation’s checking account in the amount owing. Plaintiffs brought suit against defendant in tort, claiming damages on the basis of defendant’s alleged wrongful seizure and conversion…

2Cases cited4 opinions

  1. Ginn v. Citizens & Southern National BankCourt of Appeals of Georgia · 1978
  2. Fulton National Bank v. HornSupreme Court of Georgia · 1977
  3. First National Bank v. Appalachian Industries, Inc.Court of Appeals of Georgia · 1978
  4. Custom Panel Systems, Inc. v. Bank of HamptonCourt of Appeals of Georgia · 1977

3Cited by7 opinions

  1. Shiplet v. First Security Bank of Livingston, Inc.Montana Supreme Court · 1988
  2. Fulton v. Anchor Savings Bank, FSBCourt of Appeals of Georgia · 1994
  3. Crosson v. LancasterCourt of Appeals of Georgia · 1993
  4. Lane v. John Deere Co.Tennessee Supreme Court · 1989
  5. Delta Diversified, Inc. v. Citizens & Southern National BankCourt of Appeals of Georgia · 1984

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