
    SHAMIE v. GROSSMAN
    Judgment — Accelerated Judgment — Affidavit—Failure to Rebut.
    Accelerated judgment was properly granted where plaintiff in an action to recover on a promissory note failed to rebut defendants’ affidavit alleging payment, because the trial judge was justified in accepting the affidavit as true.
    Reference for Points in Headnote
    41 Am Jur, Pleading § § 340-343.
    Appeal from Oakland, James S. Thorburn, J.
    Submitted Division 2 May 11, 1971, at Lansing.
    (Docket No. 9749.)
    Decided May 25, 1971.
    Complaint by Terry Shamie, administratrix of the estate of Jack Shamie, against Harry Grossman and J. Leonard Hyman for payment of a promissory note. Accelerated judgment for defendants. Plaintiff appeals.
    Affirmed.
    
      John Cozart, Jr., for. plaintiff.
    
      Hyman & Bice, for defendants.
    Before: Danhof, P. J., and Fitzgerald and Quinn, JJ.
   Per Curiam.

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 accelerated judgment in their favor entered.

The trial judge was justified in accepting the facts stated in defendants’ affidavit as true, People, ex rel. Thornton Construction Company, Inc., v. United States Fidelity & Guaranty Company (1967), 8 Mich App 540. Those facts support a finding of payment.

Affirmed.  