Bank of Commonwealth v. Hulette

Plaintiff appeals an accelerated judgment granted to the defendant under GCR 1963, 116.1(4).

Plaintiff commenced this action in Macomb County Circuit Court seeking recovery on two notes in a contract action. Accelerated judgment was granted and the action dismissed on April 25, 1977, because defendant had commenced a prior action in Wayne County Circuit Court against the plaintiff and the payee on the notes, seeking to‘ have the notes declared null and void because of fraud. The issue presented is whether this was a proper basis for the trial court to grant accelerated judgment under GCR 1963,…