Shamie v. Grossman

34 Mich. App. 97 (1971)

190 N.W.2d 734

SHAMIE

v.

GROSSMAN

Docket No. 9749.

Michigan Court of Appeals.

Decided May 25, 1971.

John Cozart, Jr., for plaintiff.

Hyman & Rice, for defendants.

Before: DANHOF, P.J., and FITZGERALD and QUINN, JJ.

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 appropriate affidavit. Although afforded ample opportunity by way of amendment and discovery, plaintiff did not rebut the allegations of payment contained in defendants' affidavit, and…