Carpenter v. Citizens & Southern Bank

Shulman, Judge.

Appellee-The Citizens & Southern Bank (hereinafter "bank”) brought suit to recover the outstanding balance due on a short term promissory note. This appeal follows a judgment in favor of the bank for the net sum of $124, 373.11. For an earlier appearance of this case, see Carpenter v. C & S Bank, 143 Ga. App. 765 (240 SE2d 106). On appeal, we reverse.

1. Suit was brought against appellants on two counts. Count 1 sought recovery on a note signed by Tom Carpenter as vice president of Olympic-National Corporation and personally guaranteed by him. Count 2 asserted that for the…