DocketNumber: No. CV 0069163 S
Citation Numbers: 1995 Conn. Super. Ct. 13261
Judges: HIGGINS, JUDGE.
Filed Date: 11/20/1995
Status: Non-Precedential
Modified Date: 4/18/2021
On December 21, 1989, the defendants John B. Hornby, Geoffrey A. Wilcock and Daryl L. Hornby, executed a Commercial Mortgage Note and promised to pay to the order of the Shoreline Bank Trust Company, the sum of $225,000.00, in accordance with the tenor of the note, Exhibit One herein. The note provided that in the event the defendants failed to make full and timely payment of any payment of principal or interest amount due under the terms of the note, then the entire unpaid principal balance with accrued interest thereon would become due and payable at the option of the holder In addition the note provided for attorney's fees and costs of collection in the event such was necessary. On CT Page 13262 January 21, 1993, at which time the principal balance of said note had been reduced to $150,000.00, said note was assigned without recourse with full and unequivocal disclaimer of any and all liabilities of an indorser to the order of Barbara B. Gaudio, the name plaintiff herein. Said plaintiff is still the holder of said note. The defendants have failed to make payment in accordance with the tenor of the note and said note is in default. There remains due and owing to the plaintiff the sum of $150,000.00 as the principal amount and the sum of $29,920.85 has accrued as interest thereon. By the stipulation of the parties, attorney's fees in the amount of $3,627.75 are due and payable.
The court finds that the evidence sustains the allegations of the plaintiff. The court further finds that the defendants, John Hornby and Daryl Hornby have failed to establish by a clear and preponderance of the evidence the allegations of each of their first and second special defenses to the underlining action.
Accordingly judgment is entered in favor of the plaintiff, Barbara B. Gaudio, as against the defendants John B. Hornby, Daryl L. Hornby and Geoffrey A. Wilcock in the amount of $150,000.00 principal, $29,920.85 interest and attorney's fees in said amount of $3,627.75, for a total due and owing the plaintiff of $183,548.60.
It is so ordered.
HIGGINS, J.
Judgment in accordance with the foregoing memorandum of decision.
Deputy Chief Clerk