SUM ON COUNTS 1, 2 AND 3 OF THE COMPLAINT. PLUS INTEREST AT THE RATE OF THE HARAI' LOAN ON SAID SUM FROM JANUARY 28, 1983.
COURT FINDS THE PLAINTIFF DID NOT MEET ITS BURDEN OF PROOF ON THE AMOUNT OF PROFIT WHICH AROSE OUT OF THE THE SALE OF THE PELZ' FORECLOSURE.
THE COURT FINDS THAT THE EVIDENCE SHOWS BY A PREPONDERANCE THAT THE DEFENDANT, ON HIS OWN, USED THE FUNDS FROM THE HARAI' FINANCE PAYOFF, WHATEVER YOU CHOOSE TO CALL IT, IN THE PELZ' TRANSACTION.
THE COURT FINDS THAT THE DEFENDANT HAS BEEN GUILTY OF *845 FRAUD AND FINDS FOR THE PLAINTIFF ON THE 4TH, 5TH AND 6TH CAUSES OF ACTION, ASSESSES PUNITIVE DAMAGE IN THE SUM OF THIRTY-FIVE THOUSAND DOLLARS.
THE COURT ALSO WILL POINT OUT THAT IN WEIGHING THE CREDIBILITY OF WITNESSES, THE COURT OBSERVES THE DEMEANOR AND THE ATTITUDE OF THE WITNESSES IN TESTIFYING. THIS TRIER OF FACT IS THE ONLY REVIEWER OF THE EVIDENCE THAT HAS HAD THE OPPORTUNITY TO DO THAT AND FINDS THAT THE DEFENDANT DEMONSTRATED A LACK OF CANDOR TO QUESTIONS. THAT SHOULD THE APPELLATE COURT REVIEW THIS TRANSCRIPT, I AM SURE WILL CONCLUDE THAT THE AVERAGE WITNESS WOULD HAVE FOUND OR HAD LITTLE DIFFICULTY IN ANSWERING THE QUESTIONS.
I WILL ASK THAT THE PLAINTIFF'S ATTORNEY PREPARE THE JUDGMENT, SUBMIT IT TO THE COURT. I WILL HOLD THE JUDGMENT FOR FIVE COURT DAYS. IF THERE ARE NO OBJECTIONS, I WILL EXECUTE THE JUDGMENT.
ANYTHING ELSE I CAN ASSIST YOU IN, GENTLEMEN?
COURT IS IN RECESS.
MR. ROBERTSON: YOUR HONOR, MAY I INQUIRE AS TO THE COURT'S DECISION CONCERNING SYLVIA DE LUCA?
THE COURT: I AM SORRY. I FORGOT TO RULE ON THE CROSS-COMPLAINT.
MR. ROBERTSON: YES, YOUR HONOR. I ALSO HAVE A CONCERN OVER THE COURT'S JUDGMENT CONCERNING SYLVIA DE LUCA, A NAMED DEFENDANT IN THIS ACTION.
THE COURT: I FIND THERE IS NO EVIDENCE AGAINST MRS. DE LUCA. HER LIABILITY IS ONLY AS A GENERAL PARTNER IN THE BUSINESS.
MR. ROBERTSON: THANK YOU, YOUR HONOR.
THE COURT: ON THE ISSUE OF THE CROSS-COMPLAINT, THE COURT DOES FIND IN FAVOR OF THE DEFENDANTS ON THE THREE THOUSAND DOLLAR PROMISSORY NOTE AND AWARDS JUDGMENT IN THAT SUM IN FAVOR OF THE DEFENDANT.
ON THE ISSUE OF THE ONE THOUSAND DOLLAR PROMISSORY NOTE, THE COURT FINDS THAT THERE IS A REAL QUESTIONABLE SIGNATURE ON THAT NOTE. A CURSORY COMPARISON OF THE MULTITUDE OF PLAINTIFF'S SIGNATURE EXEMPLARS OF PLAINTIFF'S SIGNATURES ON ORIGINAL DOCUMENTS IN THIS CASE EASILY LEADS ONE TO TO CONCLUDE THAT THAT SIGNATURE IS NOT THAT OF THE PLAINTIFF. PLAINTIFF DENIES THAT THAT IS HIS SIGNATURE.
AND THE COURT HAS USED THAT ALSO IN WEIGHING THE QUESTION OF CREDIBILITY.
ANYTHING ELSE?
MR. GLASSER: TO CLARIFY. FOR CROSS-COMPLAINTANT ON THE THREE THOUSAND DOLLAR NOTE, FOR CROSS-DEFENDANT ON THE ONE THOUSAND DOLLARS NOTE?
THE COURT: CORRECT.
MR. GLASSER: AND WITH RESPECT TO MISS DE LUCA, SO I CAN PREPARE AN ACCURATE JUDGMENT, JUDGMENT RELATIVE TO HER IS ONLY AS TO THE THIRTY-FOUR NINE TWENTY-FOUR