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FRANKLIN v. WIRZ

No. 5082.

104 N.H. 335 (1962)

HENRY H. FRANKLIN, Trustee in Bankruptcy v. JOHN A. AND PAULA M. WIRZ.

Supreme Court of New Hampshire.

Decided November 30, 1962.

Attorney(s) appearing for the Case

Faulkner, Plaut, Hanna & Zimmerman and Henry H. Franklin, pro se (Mr. Franklin orally), for the plaintiff.

Cheever & Sullivan and Charles J. Lincoln (Mr. Lincoln orally), for the defendants.

DUNCAN, J.

The defendants' initial objection to this suit on the ground that the trustee is not a proper party plaintiff was not preserved in the Superior Court and is therefore not available here. Fitch Company v. Insurance Company, 99 N.H. 1.

The evidence established that the defendants made a successful bid of $13,500 at the foreclosure conducted by the mortgagee on December 6, 1958. Thereupon a written agreement...

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