HUNTINGTON — A North Carolina banking corporation is suing Alkon Inc., Evelyn F. Underwood and William T. Underwood, borrower and guarantors, citing alleged breach of promissory note and guaranty agreements.
Branch Banking and Trust Company filed a complaint April 23 in U.S. District Court for the Southern District of West Virginia alleging the defendants failed to perform their contractual obligations.
According to the complaint, the suit alleges that on Feb. 13, 1996 the plaintiff provided a loan to the defendants in the principal amount of $202,017. After all credits for payments, the total amount due on the note as modified was $207,720.17. The plaintiff holds Alkon and the Underwoods, who reside in Nicholas County, responsible because they allegedly failed to make payments when due.
The plaintiff requests a trial by jury; and seeks a judgment against the defendants for $207,720.17, plus accruing interest from March 8, 2018 until the date of judgment, attorney's fees, costs and such other appropriate relief. It is represented by W. Eric Gadd and Gerald E. Lofstead III of Spilman Thomas & Battle PLLC in Wheeling.
U.S. District Court for the Southern District of West Virginia case number 2:18-cv-00600