Smith v. Patel

GARRARD, Judge.

The Small Claims Division set aside a default judgment entered by it some ten weeks before and the plaintiff, Smith, appeals.

It appears from the record that Smith received a check from UMA Corporation that was twice returned for insufficient funds when he attempted to negotiate it. The check was signed by Narotam J. Patel and no designation appeared indicating that he signed only in a representative capacity. Thus, Smith sued Patel in the Small Claims Division of LaGrange Superior Court.

On July 27, 1989, the day set for trial, Patel did not appear and Smith's attorney secured a…