Oliver v. Citizens DeKalb Bank

Banke, Judge.

This action was filed by the appellee, Citizens DeKalb Bank, to collect the balance due on a promissory note. The maker of the note was Snappy Photo, Inc., which has since been declared bankrupt. Appellant Oliver was sued under a "guaranty of payment” agreement which he signed on the back of the note. In this appeal from the grant of summary judgment to the bank, the appellant alleges that this agreement obligated him as a guarantor rather than as a surety and that, since he received no independent consideration for his signature, he can have no obligation as a guarantor. The…