JOHNSTON v. FLATLEY REALTY INVESTORS

No. 83-183.

125 N.H. 133 (1984)

ROBERT G. JOHNSTON v. FLATLEY REALTY INVESTORS.

Supreme Court of New Hampshire.

July 2, 1984.


Attorney(s) appearing for the Case

Hamblett & Kerrigan P.A., of Nashua (Ernest A. Jette and Ellen E. Saturley on the brief, and Mr. Jette orally), for the plaintiff.

Gall, Shapiro & Groff, of Nashua, and Devine, Millimet, Stahl & Branch P.A., of Manchester (George R. Moore on the brief and orally), for the defendant.


DOUGLAS, J.

In this malicious prosecution action, the jury returned a verdict for the plaintiff and the Trial Court (Contas, J.) ordered a remittitur. The defendant appeals and the plaintiff cross-appeals. We affirm.

The plaintiff was a tenant in the defendant's Royal Crest apartment complex in Nashua during 1974, when he was evicted by court order for non-payment of rent. Following this eviction, the plaintiff returned to the apartment complex on several...

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