Tripp v. Dziwanoski

This is another case under the new summary judgment rule. GCR 1963, 117. It is a review of summary judgment entered in favor of plaintiff on a check in which plaintiff was payee and defendant was the drawer. After making the check payable to plaintiff, the defendant stopped payment by instructions to his bank before plaintiff tried to cash the check.

The action arose out of this situation. Defendant Edward Dziwanoski sought. to help his brother, Teddy Daye, who was in arrears on a .land contract with plaintiff, Mrs. Tripp. In fact, the default of Teddy Daye had already been taken in contract…