Shamie v. Grossman

Michigan Court of Appeals

Shamie v. Grossman

34 Mich. App. 97

CourtMichigan Court of Appeals

DecidedMay 25, 1971

DocketDocket No. 9749

StatusPublished

Cited by1 cases

This text of 34 Mich. App. 97 (Shamie v. Grossman) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shamie v. Grossman, 34 Mich. App. 97 (Mich. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

Plaintiff filed an action on the promissory note of defendants. They moved for accelerated judgment on the basis of payment, GCR 1963, 116.1(5), and supported the motion with an [98]*98appropriate affidavit. Although afforded ample opportunity by way of amendment and discovery, plaintiff did not rebut the allegations of payment contained in defendants’ affidavit, and accelerated judgment in their favor entered.

The trial judge was justified in accepting the facts stated in defendants’ affidavit as true, People, ex rel. Thornton Construction Company, Inc., v. United States Fidelity & Guaranty Company (1967), 8 Mich App 540. Those facts support a finding of payment.

Affirmed.

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Per Curiam.

Plaintiff filed an action on the promissory note of defendants. They moved for accelerated judgment on the basis of payment, GCR 1963, 116.1(5), and supported the motion with an [98]*98appropriate affidavit. Although afforded ample opportunity by way of amendment and discovery, plaintiff did not rebut the allegations of payment contained in defendants’ affidavit, and accelerated judgment in their favor entered.

The trial judge was justified in accepting the facts stated in defendants’ affidavit as true, People, ex rel. Thornton Construction Company, Inc., v. United States Fidelity & Guaranty Company (1967), 8 Mich App 540. Those facts support a finding of payment.

Affirmed.

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Bluebook (online)

34 Mich. App. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shamie-v-grossman-michctapp-1971.

Opinion

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