Atkins v. Citizens & Southern National Bank

Stolz, Judge.

This case is an appeal from a judgment for the plaintiff bank from the State Court of DeKalb County, sitting without a jury.

Carson Construction & Engineering Company, Inc. (Carson) executed a collateral instalment note to the Citizens & Southern National Bank (plaintiff) on October 16, 1969, for $21,239.28. The note (guaranteed note) was secured by a caterpillar tractor and personally guaranteed by the defendants (appellants), who were also Carson’s corporate officers.

On April 22, 1970, Carson executed a second note (unguar anteed note) to the plaintiff bank. This second note was…