SMITH v. PATEL

No. 44A03-9001-CV-10.

560 N.E.2d 1260 (1990)

Jeffrey C. SMITH, Plaintiff-Appellant, v. Narotam J. PATEL, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

October 17, 1990.


Attorney(s) appearing for the Case

Herbert E. Boase, LaGrange, for plaintiff-appellant.

Richard K. Muntz, Muntz & Vanderbeck, P.C., LaGrange, for defendant-appellee.


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...

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