Following a summary judgment with divided success, the parties sought a determination on interest and costs.
The court held that Marquest was entitled to the contractual interest rate of 15 percent on the promissory note, running until the date funds were received.
Regarding costs, the court balanced Marquest's contractual right to substantial indemnity costs for enforcing the note against Stone's substantial success on its more complex counterclaim.
The court awarded Stone $30,000 in partial indemnity costs, net of any costs Marquest was entitled to.