Mikkelsen v. Southtrust Bank of Baldwin County

MADDOX, Justice.

The primary issue in this case is whether, in a suit against a guarantor of a promissory note, the trial judge correctly granted the bank a judgment notwithstanding the jury’s verdict.

SouthTrust Bank of Baldwin County (“SouthTrust”) sued Robert L. Mikkelsen on three promissory notes. Mikkelsen had executed two of the notes as primary obli-gor and the other as guarantor for one C.W. Spence (“Spence note”). The Spence *9note was executed to provide funds for Spence to buy a boat for use in his business. Spence, contemporaneously with his execution of the note, also executed a ship…