Gillikin v. Whitley

HEDRICK, Judge.

Because of our disposition of this case, set out below, we treat both appeals together.

The record discloses that plaintiffs executed the instruments in question after receiving the following certified letter from an attorney who represented defendant Ellis Jones, Jr.:

Dear Mr. Gillikin:

I am writing this letter on behalf of Ellis Jones, Jr. and in regard to his business’s Profit Sharing Plan.

As you know, we have evidence that you have misapplied funds in the amount of $90,916.57. I have prepared a Promissory Note in the principal amount of $90,916.57, with interest at 16%. I have…