Township Oil Co. v. State Bank

Plaintiff, Township Oil Company, appeals as of right from the Macomb Circuit Court’s order granting summary disposition in favor of defendant, State Bank of Fraser. Plaintiff sought to recover damages for breach of contract from defendant, a depository bank, for certain negotiable instruments plaintiff had received. Defendant moved for and was granted summary disposition on two grounds: (1) that there was a pending action between the same parties based on the same cause of action in district court, MCR 2.116(C)(6) and (2) that the period of limitation had expired, MCR 2.116(C)(7). We affirm…