MBC, INC. v. ENGEL

No. 78-122.

119 N.H. 8 (1979)

MBC, INC. v. DAVID C. ENGEL & a. DOMINIC RADOCCKIA v. DAVID C. ENGEL & a. VINCENT M. TESTA v. DAVID C. ENGEL & a.

Supreme Court of New Hampshire.

January 12, 1979.


Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Cox & Shea, of Dover (Paul R. Cox orally), for the plaintiff.

Hamblett & Kerrigan P.A., of Nashua (Joseph M. Kerrigan orally), for the defendants.


BOIS, J.

This case requires us to determine whether circumstances exist that would permit a dissolved corporation or its former shareholders to commence a suit or action after the statutory three-year corporation continuance period, RSA 294:98, has elapsed. We hold that they do not; therefore, we sustain in part and overrule in part defendants' exceptions.

The plaintiff corporation (hereinafter MBC) engaged in the manufacture and sale of modular building components...

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