Campbell appeals from the trial court’s order awarding summary judgment to Citizens & Southern National Bank on its action to collect amounts claimed due under two promissory notes.
The bank loaned Campbell $192,777.78 in December 1987, and Campbell executed a note in that amount to the bank with the final payment due on December 31, 1989. (The first note.) In May 1988 Campbell executed another note to the bank in the amount of $75,000 with the full principal amount due on May 25, 1989. (The second note.) In May 1989, Campbell renewed the second note, extending the final due date to March 1, 1990.
The first note evidenced a personal loan to Campbell and was secured by stock pledged as collateral. The second note was the result of Campbell’s agreement to open a $75,000 line of credit at the bank as a favor for a friend. Shortly after executing the second note Campbell executed a document authorizing the bank to disburse the $75,000 to the friend’s automobile business. Campbell claims he agreed to open the credit line and execute the second note after he was assured by a bank loan officer that there was no risk he would be called upon to pay the note because under the business arrangement
In the latter part of 1989, prior to the final payment date on the first note, Campbell tendered the bank full payment on the first note on the condition that the bank release the stock it held as collateral. The bank informed Campbell it would not release the stock on payment of the first note because it was exercising its right under the note to continue holding the stock as collateral for payment of the second note. Campbell refused to make the final payment on the first note without the release of the stock, and subsequently refused to pay the amount due under the second note.
1. Campbell asserts three related defenses to payment on the second note. First, he contends the note was procured by the bank’s fraudulent assurances that he would not be held responsible for payment because collateral in the form of car titles supplied by his friend’s business would be sufficient to pay off the note. Secondly and thirdly, he contends the bank’s failure to maintain sufficient car titles as collateral amounted to failure of a condition precedent to his payment on the note and a failure of consideration.
The record does not disclose any confidential relationship between Campbell and the bank that would excuse Campbell from the requirement that he exercise ordinary diligence in his own behalf.
United Fed. Savings &c. Assn. v. Eubank,
There being no factual disputes with regard to Campbell’s execution of the notes, default thereon, and the amounts due, the trial iourt did not err in granting summary judgment to the bank.
Judgment affirmed.
