Standard Oil Co. v. Riddell

Plaintiff sued Riddell as maker and Colby as indorser of a promissory note and attached a copy of the note to its declaration. It had judgment against Riddell on default and against Colby on trial. Colby reviews.

In his answer Colby denied execution of the note and further claimed that if his signature is genuine it was procured by fraud and deceit. He failed to file and serve an affidavit denying execution of the note as required by Court Rule No. 29 (1931), thereby admitting the genuineness of the signature. Lambert v. Smilansky, 246 Mich. 125.

On its main case plaintiff showed the…