National Bank of North America v. Around Clock Truck Service, Inc.

In this action to recover on a promissory note and guarantee of payment executed at the same time the plaintiff moves to dismiss two affirmative defenses and for summary judgment against the sole remaining defendant.

This defendant admits all the allegations of the complaint and asserts as a partial defense that the provision in the note for the payment of an attorney’s fee is void as against public policy, and as a complete defense he alleges that as a matter of law he must be held harmless by reason of the affirmative fraud committed by the corporate, as well as the individual, defendant…