McCullough v. Georgia Railroad Bank & Trust Co.

Quillian, Presiding Judge.

Wallace L. McCullough and McCullough Mechanical, Inc. brought an action against Georgia Railroad Bank & Trust Company alleging that the bank wrongfully refused to cancel a certain security instrument upon the individual plaintiffs tender of $22,904.55. The defendant answered and subsequently moved for summary judgment.

After a hearing the trial judge granted the defendant’s motion upon consideration of the following facts: On August 7, 1970, Wallace L. McCullough executed and delivered to Richmond County Bank, a certain deed to secure debt containing an "open end” or…