C-C Bottlers, Ltd. v. J.M. Leasing, Inc.

Sweeney, A.C.J.

C-C Bottlers, Ltd. (CCB), sued J.M. Leasing, Inc. (JML), to collect two delinquent promissory notes. Both notes included a garden variety attorney fees clause which provided for recovery of the costs and expenses of collection, including suit. JML answered and counterclaimed alleging, among other things, securities fraud. The court granted CCB’s motion for summary judgment on the notes but delayed entry of the judgment until JML’s counterclaims could be tried. The court entered a final judgment in favor of CCB on the notes and dismissed the counterclaims following a bench…