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New Hampshire Contract Law
 
Linda M. Ruivo v. Wells Fargo Bank, N.A. a/k/a Wachovia Mortgage

Linda Ruivo appeals the district
court's dismissal of counts one and five of her First Amended
Complaint. Ruivo argues that count one, captioned "N.H.R.S.A. 397-
A:2(VI)," adequately pleaded a state common law claim of fraud, and
that count five sufficiently pleaded, consistent with its caption,
a promissory estoppel claim. Agreeing with the district court that
both claims ... More...
   $0 (09-08-2014 - NH)

Mark E. Schaefer v. Indymac Mortgage Services

Plaintiff Mark E. Schaefer appeals from the decision of the United States District Court for the District of New Hampshire dismissing his suit against defendants IndyMac Mortgage Services; OneWest Bank, FSB; the Federal National Mortgage Association (“Fannie Mae”); and Harmon Law Offices, P.C. (“Harmon”). Schaefer’s complaint sought an injunction barring his impending eviction; an order ... More...   $0 (10-02-2013 - NH)

Ismail Ozgur Yaman v. Linda Margherita Yaman

The district court denied the petition of Ismail Ozgur Yaman ("Yaman") for return of his two daughters, E.Y., now 10, and K.Y., now 11, to Turkey, pursuant to the Hague Convention on the More...   $0 (09-11-2013 - NH)

Harold French v. The Bank of New York Mellon

Harold French borrowed money from Countrywide Financial ("Countrywide") and secured the loan with a mortgage on a parcel of land he owned. Having failed to make payments on his loan, French seeks to enjoin foreclosure by Countrywide's assignee, Bank of New York Mellon ("BONY"). French argues that: (1) the description of his property in the mortgage he signed does not satisfy New Hampshire's statut... More...   $0 (08-30-2013 - NH)

Thaddeus J. Jakobiec v. Merrill Lynch Life Insurance Co.

Thomas Tessier and his brother Michael Tessier allegedly bilked brothers Frederick and Thaddeus Jakobiec and the estate of their mother, Beatrice Jakobiec, out of millions of dollars. Footnote This lawsuit is about only one facet of the Tessiers' overall scheme, their theft of almost $100,000 in life insurance proceeds due to a trust benefitting Thaddeus. Thaddeus, along with various persons affil... More...   $0 (03-27-2013 - NH)

Great American Insurance Company v. Robert Christy

The defendants, Robert Christy, Christy & Tessier, P.A., Debra Johnson, and Kathy Tremblay, appeal a decision of the Superior Court (Tucker, J.) rescinding a professional liability policy issued by the plaintiff, Great American Insurance Company (GAIC), to the law firm of Christy & Tessier, P.A. We reverse and remand.

We set forth the relevant facts as presented in the parties’ agreed sta... More...
   $0 (09-28-2012 - NH)

Milford-Bennington Railroad Co v. Pan Am Railways, Inc.

Milford-Bennington Railroad Company, Inc. ("MBR") appeals an award of summary judgment to Pan Am Railways, Inc.; Boston and Maine Corporation; and Springfield Terminal Railway Company (collectively, "Pan Am") in a dispute arising from Pan Am's actions under a contract to provide MBR with access to Pan Am's railroad tracks. The district court held that Pan Am did not breach its duty of good faith a... More...   $0 (09-25-2012 - NH)

Contour Design, Inc. v. Chance Mold Steel Company, Ltd.

In this trade secret misappropriation and breach of contract case, defendant Chance Mold Steel Co. (“Chance”) Footnote appeals from a permanent injunction and from a jury award of damages. The injunction, based on a finding of contract breach, prohibits Chance from selling, displaying, manufacturing, or assisting others in manufacturing a number of ergonomic computer mouse products. Footnote W... More...   $0 (09-04-2012 - NH)

The Barking Dog, Ltd. v. Citizens Insurance Company of America

In this declaratory judgment proceeding, the defendant, Citizens Insurance Company of America, appeals an order of the Superior Court (McHugh, J.) ruling in favor of the plaintiff, The Barking Dog, Ltd., which operates a dog kennel and grooming business at several locations in New Hampshire. The court ruled that an insurance policy (the policy) issued by the defendant provides coverage for damage ... More...   $0 (08-22-2012 - NH)

Lynne Digaetano v. John M. Digaetano

The plaintiffs, Lynne DiGaetano, Michael John DiGaetano, Christopher D. DiGaetano, Scott M. DiGaetano, and Shauna Arsenault, appeal an order of the Superior Court (McHugh, J.) granting the motion in limine of the defendant, John M. DiGaetano, to exclude parol evidence. The defendant cross-appeals a prior order of the same Court (Nicolosi, J.) denying his motion to strike the plaintiffs’ notice o... More...   $0 (05-11-2012 - NH)

Regina Mbahaba v. Thomas Morgan d/b/a Property Management Services

The plaintiff, Regina Mbahaba, individually and as next friend of her minor daughter, Benita Nahimana, appeals orders of the Superior Court (McGuire and Tucker, JJ.). The orders dismissed the plaintiff’s direct claims against the defendant, Thomas Morgan, and granted summary judgment against her action seeking to pierce the limited-liability veil of a company managed by the defendant. We affirm ... More...   $0 (05-11-2012 - NH)

Lachlan MacLearn v. Commerce Insurance Company

The petitioner, Lachlan MacLearn, and the intervenor, Simon Hutchings (together, the appellants), appeal an order of the Superior Court (Abramson, J.) denying Hutchings’ motion for summary judgment and granting summary judgment in favor of the respondent, Commerce Insurance Company (Commerce). We affirm.

The trial court found or the record supports the following facts. Lachlan MacLearn an... More...
   $0 (01-27-2012 - NH)

Jo Anne Rainville v. Lake Region Water Company

This is an interlocutory appeal from an order of the Superior Court (Houran, J.) partially granting and partially denying the summary judgment motion filed by the defendants, Lakes Region Water Company and Thomas Mason (collectively, LRWC). See Sup. Ct. R. 8. The superior court transferred a single question for our review:

Did the superior court err in concluding that the defendants are not... More...
   $0 (02-10-2012 - NH)

Josephine A. Lamprey v. Britton Construction, Inc.

The plaintiff, Josephine A. Lamprey, appeals orders of the Superior Court (Nadeau, J.) dismissing her actions against the defendants, Britton Construction, Inc. (Britton), DeStefano Architects, PLLC f/k/a Lisa B. DeStefano (DeStefano) and Dave Sherwood, pursuant to the statutes of limitations and repose. See RSA 508:4 (2010); RSA 508:4-b (2010). We affirm in part, reverse in part and remand.
More...
   $0 (02-10-2012 - NH)

Claire Crowley v. Town of Loudon

The petitioners, Residents of Green View Drive (the Residents), appeal an order of the Superior Court (Smukler, J.) that: (1) found no “occasion” to lay out Green View Drive as a class V public highway; (2) partially granted and partially denied the petition to quiet title filed by The Ledges Golf Links, Inc. (The Ledges) against Claire Crowley; and (3) ruled that Ms. Crowley was responsible f... More...   $0 (12-08-2011 - NH)

Jane C. Avery v. Robert W. Hughes

When defendant-appellant Robert W. Hughes failed to close on a real estate purchase and sale agreement (the Agreement), the seller retained his deposit, sold the property to a third party for a lower price, and assigned its claim for the price differential to plaintiff-appellee Jane C. Avery. Avery sued. The defendant resisted, arguing that the circumstances evinced the parties' intent that the de... More...   $0 (11-23-2011 - NH)

David Montenegro v. City of Dover

The petitioner, David Montenegro, appeals an order of the Superior Court (Brown, J.) denying his petition under the Right-to-Know Law, RSA ch. 91-A (2001 & Supp. 2010), requesting disclosure of information pertaining to certain surveillance equipment and procedures under the control of the respondent, the City of Dover (City). We affirm in part, reverse in part and remand.

The following fac... More...
   $0 (11-02-2011 - NH)

Limited Editions Properties, Inc. v. Town of Hebron

The petitioner, Limited Editions Properties, Inc., appeals an order of the Superior Court (Vaughan, J.) upholding a decision to deny the petitioner’s subdivision application by the planning board of respondent Town of Hebron (Town). We affirm.

The following facts are taken from the record. The petitioner owns 112.5 acres of property in Hebron on the northwest end of Newfound Lake with fro... More...
   $0 (09-22-2011 - NH)

Joel M. Harrington v. Metropolis Property Management Group, Inc.

The petitioner, Joel Harrington, appeals an order of the Superior Court (Smukler, J.) granting the motion to dismiss of respondent Metropolis Property Management Group, Inc. (Metropolis). We affirm. The following facts are drawn from the trial court’s order and the record, or are otherwise undisputed. On May 27, 2005, the petitioner entered into a residential lease for an apartment at Hollis Com... More...   $0 (09-22-2011 - NH)

Dana Chatman v. James Brady

The plaintiff, Dana Chatman, appeals a decision of the Superior Court (Wageling, J.) dismissing his lawsuit against the defendants, James Brady and Lee Country Fair, pursuant to RSA 651:70 (2007), an immunity statute. We reverse and remand.

For purposes of resolving this appeal, the allegations in the plaintiff’s writ are taken as true and all reasonable inferences drawn therefrom are con... More...
   $0 (09-15-2011 - NH)

Lorraine Tessier v. Regina A. Rockefeller

The plaintiff, Lorraine Tessier, appeals an order of the Superior Court (Abramson, J.) granting the defendants’ motion to dismiss. We affirm in part, reverse in part, and remand.

The plaintiff brought this action against the defendants, Regina S. Rockefeller and Nixon Peabody, LLP (Nixon Peabody), alleging the following facts. The plaintiff is the wife of Thomas Tessier, an attorney who p... More...
   $0 (09-15-2011 - NH)

Estate of June M. Day v. Hanover Insurance Company

The petitioners, the Estate of June M. Day (Estate), Byron S. Day and Stephanie L. Day, appeal the Superior Court’s (Tucker, J.) ruling that respondent Hanover Insurance Company’s (Hanover) consent to settle a claim by the petitioners with the insurer of a third party tortfeasor did not preclude Hanover from contesting its liability to provide the Estate underinsured motorist coverage under it... More...   $0 (09-20-2011 - NH)

Stephen C. Wyle v. Scott Lees

The defendants, Scott and Christina Lees, appeal a decision of the Trial Court (Houran, J.) finding in favor of and granting damages to the plaintiff, Stephen C. Wyle, following a bench trial on his claim for negligent misrepresentation. We affirm.

The trial court found the following facts. In 2002, the defendants purchased a two-unit apartment building located at 38 Oak Street in North Con... More...
   $0 (09-20-2011 - NH)

Joel M. Harrington v. Metropolis Property Management Group, Inc.

The petitioner, Joel Harrington, appeals an order of the Superior Court (Smukler, J.) granting the motion to dismiss of respondent Metropolis Property Management Group, Inc. (Metropolis). We affirm. The following facts are drawn from the trial court’s order and the record, or are otherwise undisputed. On May 27, 2005, the petitioner entered into a residential lease for an apartment at Hollis Com... More...   $0 (09-22-2011 - NH)

Yvette Bouffard v. State Farm Fire & Casualty Company

The plaintiff, Yvette Bouffard, appeals the Trial Court’s (Smukler, J.) denial of her request for a declaratory judgment that she is entitled to uninsured motorist (UM) coverage under her umbrella insurance policy issued by the defendant, State Farm Fire & Casualty Company (insurer). The insurer cross-appeals, alleging that the Trial Court (Conboy, J.) erred in denying its earlier motion for sum... More...   $0 (08-11-2011 - NH)

Winecellar Farm, Inc. v. Leona Hibbard & a.

The petitioner, Winecellar Farm, Inc. (Winecellar), appeals an order of the Superior Court (Brown, J.) ruling that it was not entitled to: (1) a decree pro confesso awarding it specific performance to purchase the Bedard Farm; (2) specific performance to purchase the Bedard Farm under the doctrine of part performance; and (3) continue haying activity in perpetuity under a lease agreement. The resp... More...   $0 (07-21-2011 - NH)

Yvette Bouffard v. State Farm Fire & Casualty Company

The plaintiff, Yvette Bouffard, appeals the Trial Court’s (Smukler, J.) denial of her request for a declaratory judgment that she is entitled to uninsured motorist (UM) coverage under her umbrella insurance policy issued by the defendant, State Farm Fire & Casualty Company (insurer).

The insurer cross-appeals, alleging that the Trial Court (Conboy, J.) erred in denying its earlier motion ... More...
   $0 (08-11-2011 - NH)

Darlene Gray v. Commonwealth Land Title Insurance Company

The plaintiff, Darlene Gray, appeals an order of the Superior Court (Nicolosi, J.) granting a motion to dismiss by the defendant, Commonwealth Land Title Insurance Company (the insurer). We affirm. The record supports the following facts. In July 2003, the plaintiff and her sister, in their capacity as trustees of the Ocean Estates Realty Trust (Ocean Estates), received a quitclaim deed from the T... More...   $0 (05-26-2011 - NH)

Adelaide V. George d/b/a Homes by George v. Al Hoyt & Sons, Inc.

The plaintiffs, Adelaide V. George d/b/a Homes by George (Homes by George) and Rick George, appeal, and the defendant, Al Hoyt & Sons, Inc., cross-appeals, from rulings of the Trial Court (McHugh, J.). We affirm in part, vacate in part, and remand.

The record supports the following facts and procedural history. Homes by George was the developer of a residential real estate development known... More...
   $0 (06-02-2011 - NH)

Beatrice M. Hunt v. Golden Rule Insurance Company

In this insurance coverage case, plaintiff Beatrice Hunt appeals the district court's grant of summary judgment to defendant Golden Rule Insurance Company on her claims of breach of contract and unfair insurance trade practice. After de novo review, we affirm.

I.

The background facts are undisputed. Since 1987, Hunt was insured under a Golden Rule individual insurance policy prov... More...
   $0 (04-19-2011 - NH)

Linda Pesaturo v. Robbin Kinne

The plaintiff, Linda Pesaturo, appeals an order of the Superior Court (Groff, J.) granting a motion to dismiss by the defendant, Robbin Kinne. We affirm in part, reverse in part, and remand.

The record reveals the following facts. The plaintiff brought a small claims action against the defendant in the Nashua District Court seeking more than $2,000 in damages because two of the defendant’... More...
   $0 (02-25-2011 - NH)

J & M Lumber and Construction Company, Inc. v. J. Robert Smyjunas, Jr.

In these consolidated cases, the defendant, J. Robert Smyjunas, Jr., appeals the jury verdict against him in favor of the plaintiff, J & M Lumber and Construction Company, Inc. (J & M), and J & M appeals the decision of the Superior Court (Vaughan, J.) to award prejudgment interest from the date of J & M’s 2008 writ of summons. We affirm.

I. Background

The record reveals the follow... More...
   $0 (04-14-2011 - NH)

Claudia DiFolco v. MSNBC Cable, L.L.C.

Plaintiff-appellant Claudia DiFolco (“DiFolco”) appeals from so much of an order 3 entered on March 30, 2007, in the United States District Court for the Southern District of 4 New York (Preska, Ch. J.), as dismissed, for failure to state a claim pursuant to Fed. R. 5 Civ. P. 12(b)(6), her causes of action for breach of contract (and related New York Labor 6 Law violations), defamation, and to... More...   $0 (10-07-2010 - NH)

Akwa Vista, L.L.C. v. NRT, Inc. d/b/a Coldwell Banker Residential Brokerage

The defendants, NRT, Inc. d/b/a Coldwell Banker Residential Brokerage (Coldwell Banker) and Frank C. Schoenthaler, appeal the Superior Court’s (Smukler, J.) denial of their motion for judgment notwithstanding verdict (JNOV) and remittitur upon the jury verdict against them for breach of contract and negligent misrepresentation and upon the jury verdict against them for their counterclaims agains... More...   $0 (07-23-2010 - NH)

Mara Sabinson v. Trustees of Dartmouth College

The plaintiff, Mara Sabinson, appeals an order of the Superior Court (Vaughan, J.) granting summary judgment in favor of the defendant, the Trustees of Dartmouth College. We affirm.

I

The following facts appear in the record. Sabinson is a professor in the Dartmouth College Theater Department. She was hired as a full-time faculty member in 1985, and obtained tenure in 1991. In July 2... More...
   $0 (06-30-2010 - NH)

Joseph Laramie v. Shawn Stone

The defendants, Shawn Stone and Todd Connor, appeal a jury verdict awarding the plaintiffs, Joseph Laramie and Timothy Hallam, $650,000 and $1.3 million, respectively, in compensatory damages. We affirm in part, reverse in part and remand.

The record supports the following relevant facts. The parties worked together for the department of corrections (DOC) at the New Hampshire State Prison i... More...
   $0 (06-30-2010 - NH)

Michael Clare v. Town of Hudson

The plaintiff, Michael Clare, appeals a decision of the Superior Court (Dalianis, J.) affirming a decision of the planning board for the Town of Hudson (Town) denying Clare’s request to refund the cost of a performance bond filed with the Town. We affirm in part, reverse in part, and remand.

The record evidences the following facts. Clare, as trustee of the Horizon Realty Trust, is one of... More...
   $0 (06-16-2010 - NH)

Rita Sutton & a. v. Town of Gilfrod & a.

The petitioner, Rita Sutton, by and through her son and attorney-in-fact, Glenn Sutton, appeals Superior Court (Smukler, J.) orders: (1) granting respondent Barbara Aichinger’s motion for summary judgment on Sutton’s petition for a writ of mandamus; and (2) denying Sutton’s request for a permanent injunction to prevent construction and development of Aichinger’s non-conforming lot. Aiching... More...   $0 (03-30-2010 - NH)

Macthompson Realty, Inc. v. City of Nashua

The intervenors, Francis and Marguerite Ruel, appeal the ruling of the Superior Court (Lynn, C.J.) enforcing a settlement agreement with the plaintiff, MacThompson Realty, Inc. (MacThompson), and the ruling that it did not violate the statute of frauds. See RSA 506:1 (1997). We affirm.

The following facts are supported by the record. On January 30, 2007, MacThompson filed a petition for dec... More...
   $0 (04-23-2010 - NH)

Douglas C. Beer v. Terry M. Bennett

The defendant, Terry M. Bennett, appeals a decision of the Portsmouth District Court (DeVries, J.) finding, inter alia, that he violated the Consumer Protection Act (CPA), RSA ch. 358-A (2009), in the sale of a car to the plaintiff, Douglas C. Beer. The plaintiff cross-appeals on issues related to the award of damages. We affirm.

The trial court found, or the record supports, the followin... More...
   $0 (04-20-2010 - NH)

 
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