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CLARK v. EXETER CO-OPERATIVE BANK

No. 6403

115 N.H. 388 (1975)

MARY H. CLARK v. EXETER CO-OPERATIVE BANK & a.

Supreme Court of New Hampshire

July 31, 1975

Attorney(s) appearing for the Case

Fisher, Parsons, Moran & Temple (Mr. Harold D. Moran orally) for the plaintiff.

Shute, Engel & Frasier, for the defendant Exeter Co-operative Bank, filed no brief.

Flynn, Powell & McGuirk, for the defendants William J. Howard and Bayside Enterprises, Inc., filed no brief.

LAMPRON, J.

Actions in assumpsit to recover moneys owed by the defendants following a foreclosure sale of the mortgaged property of plaintiff in Hampton. The defendants filed motions to dismiss on the following grounds: (1) the matters have already been adjudicated, and (2) the actions are barred by the general statute of limitations (RSA 508:4 (Supp. 1973)) or by the specific one-year limitation pertaining to accounting by a mortgagee. RSA 479:17. The motions were...

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