Spillers v. First South Bank, N.A.

Pope, Judge.

In 1980 plaintiff First South Bank, N.A. (through its predecessor in interest) extended a loan to one Nichols. The variable rate demand note was co-signed by defendant Paul Spillers. Various payments were made on the note until June 1986, when the bank requested the original loan be paid off from the proceeds of a new loan for stipulated monthly payments. The new installment note for $54,182.88 included interest on a principal amount of $42,091.76, the pay-off amount of the original loan. The installment note went into default and plaintiff bank brought suit against both Nichols…