Atlanta Glass Inc. v. Tucker

The plaintiffs failed to properly authenticate the ' "PERSONAL GUARANTY" ' that they relied upon in suing the defendant on a line of credit that the plaintiffs had extended to the company, of which the defendant was the former CEO.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Atlanta Glass, Inc., Atlanta Marble Manufacturing, Inc., and Atlanta Kitchen, Inc. hereafter “Atlanta, Inc.” appeal from the summary judgment granted to Steve Tucker, former president of Custom One Homes, LLC hereafter “Custom”, on a personal guaranty of a credit line extended by Atlanta, Inc. to Custom.1 On appeal from the denial or grant of summary judgment, this Court must conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Home Builders Assn. of Savannah v. Chatham County , 276 Ga. 243, 245 1 577 SE2d 564 2003.

So viewed, it is not disputed that Custom was a builder of houses in the Atlanta area and, as such, contracted with a number of suppliers to provide items for its construction projects. Tucker was the chief executive officer of Custom, and Mark Beno was the chief financial officer. Beno would receive credit applications from suppliers, complete and sign them, and fax them back to the suppliers. He completed a two-page credit application for Atlanta, Inc., signed it for Custom, and faxed it back to Atlanta, Inc. on April 5, 2004. The applicant is identified as “Custom One Homes.” Instead of filling out the first page of the application, Beno attached to it a pre-prepared sheet containing credit information for Custom, which he also signed and dated. Beno did not sign any personal guaranty for Tucker with regard to this credit application. Beno does not recall seeing the personal guaranty which Atlanta, Inc. claims was signed by Tucker and is the basis of the claim against him. Tucker does not recall signing the document.

Atlanta Glass Inc. v. Tucker

The plaintiffs failed to properly authenticate the ' "PERSONAL GUARANTY" ' that they relied upon in suing the defendant on a line of credit that the plaintiffs had extended to the company, of which the defendant was the former CEO.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report