GERRITY CO., INC. v. LACONIA SAVINGS BANK

No. 79-240.

120 N.H. 304 (1980)

GERRITY CO., INC. v. LACONIA SAVINGS BANK.

Supreme Court of New Hampshire.

May 5, 1980.


Attorney(s) appearing for the Case

Nighswander, Lord, Martin & KillKelley, of Laconia (Walter L. Mitchell orally), for the plaintiff.

Normandin, Cheney & O'Neil, of Laconia (Paul L. Normandin orally), for the defendant.


DOUGLAS, J.

In this case we are asked to interpret RSA 447:12-a (Supp. 1979), which sets forth priority rules relating to construction mortgages and mechanic's and materialmen's liens.

In February 1978, Roger Chouinard asked the Laconia Savings Bank to finance the construction of a home on certain land in Moultonboro. The bank approved the loan with the understanding that Mr. Chouinard would make a down payment of $15,000 to purchase the land and the bank...

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