General Electric Credit Corp. v. Northcoast Marine, Inc.

The question before the Court is whether the circuit court’s order denying defend ant Bixby’s motion to set aside a default judgment is appealable as of right to the Court of Appeals. We believe it is.

I

The plaintiff (GE) filed an action in Leelanau circuit court in 1973 against two corporate defendants and six individuals. Bixby was one of the six and was sued in his capacity as an officer of both corporations and a director of one.

In the only count naming Bixby as a defendant, GE alleged fraud by the corporate defendants and sought damages of $27,500. On May 6, 1974, a default judgment…