McELROY v. GAFFNEY

No. 86-367 No. 86-368.

129 N.H. 382 (1987)

JOHN F. McELROY, INDIVIDUALLY AND ON BEHALF OF ACTION MANUFACTURING COMPANY, INC. v. LAWRENCE A. GAFFNEY & a.

Supreme Court of New Hampshire.

June 3, 1987.


Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Cox & Shea, of Dover (James H. Schulte on the brief and orally), for the plaintiff.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Ronald J. Lajoie and Robert E. Murphy, Jr., on the brief, and Mr. Murphy orally), for the defendants Lawrence A. Gaffney and Jerold R. Graff.


JOHNSON, J.

This is an interlocutory appeal from rulings by the Trial Court (Temple, J.) denying the defendants a jury trial and refusing to disqualify the plaintiff's attorney, in this the third lawsuit between these parties arising out of the ownership and operation of Action Manufacturing Company. The following issues are presented for our review: (1) to what extent does the constitutional right to a jury trial require a binding jury verdict where the plaintiff...

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