Case Conclusion Date:September 6, 1978
Outcome:Hilliard represented bank successfully against debtor.
Description:editor brought action against debtor and guarantor to recover deficiency on note existing following sale of cattle securing note. The Fulton State Court, Camp, J., struck debtor's amended answer and entered judgment on the pleadings in favor of creditor, and debtor appealed. The Court of Appeals, McMurray, J., held that: (1) striking of debtor's amended answer was error; (2) where debtor's amended answer raised no viable defenses, error in striking amended answer was harmless; (3) debtor having admitted signature on note, creditor was entitled to recover on note upon production unless defendant established affirmative defense, and (4) appeal was not taken up for delay only, and thus assessment of penalty was refused.