Murphy v. First National Bank

Banke, Presiding Judge.

The appellee bank sued the appellant to recover the balance due on a promissory note payable by its terms on demand. This appeal is from the grant of the bank’s motion for summary judgment. Held:

1. The appellant contends that as the result of the bank’s acceptance of “repeated, late and irregular payments” on the note, a quasi new agreement was created pursuant to OCGA § 13-4-4, requiring the bank to notify him of its intention to rely on “the exact terms of the agreement” prior to filing suit. It is quite unclear to this court how payments made under a demand note…