DocketNumber: No. 947365F
Citation Numbers: 5 Mass. L. Rptr. 182
Judges: Cowin
Filed Date: 3/15/1996
Status: Precedential
Modified Date: 10/17/2022
Plaintiff Diego Messina has moved for summary judgment in regard to the unpaid balance and interest on a promissory note (“note”). The note was signed by James Pauli, (“Pauli”), President of Industrial Energy Corporation (“I.E.C.”) on February 21, 1991 for the benefit of the plaintiff in the principal sum of $20,000.00. Plaintiff requests summary judgment on the ground that I.E.C. is in breach of the terms of the note as it has not made all required payments to the plaintiff.
There is no question that the note’s interest rate exceeds the statutorily permissible limit of 20 percent.
Defendant also claims that an issue of material fact is created by virtue of the role of the accountant, Richard Marra (“Marra”). Even assuming all facts as the defendant states them, that is, that Marra were the accountant both for I.E.C. and for the plaintiff and
Summary judgment is to enter for the plaintiff against I.E.C. on Count I only (breach of contract) as to so much of the unpaid principal with interest calculated at 20 percent. Plaintiff is to submit a statement of the amount so calculated within seven days of the date of this Order.
ORDER
For the foregoing reasons, plaintiffs motion for summary judgment is ALLOWED as to Count I.
The Court assumes that plaintiff seeks summary judgment against I.E.C. only on Count I, the breach of contract claim. Count IV is also against I.E.C. but is a claim for violation of Chapter 93A and requires the taking of evidence.
Plaintiff conceded as much at oral argument.