IOS Capital, Inc. v. Phoenix Printing, Inc.

In January 1998, plaintiff, IOS Capital, Inc., formerly known as IKON Capital Resources (IOS), and defendant, Phoenix Printing, d/b/a Colortech Printing (Colortech), entered into a five-year written agreement for the lease of two black-and-white photocopy machines (copiers). After May 2000, Colortech stopped making payments, which IOS deemed a default under the agreement. Plaintiff sued defendants Colortech, Joseph Legener, and Robert Russell on various counts, including conversion. The parties proceeded to trial on the conversion count only against Russell. Following a June 2002 bench trial,…