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AMOSKEAG BANK v. CHAGNON

No. 89-014.

133 N.H. 11 (1990)

AMOSKEAG BANK v. REGIS J. CHAGNON d/b/a MANCHESTER MORTGAGE CO., BRAD MORROW d/b/a MORROW MILLWORK AND SUNDEEN LUMBER COMPANY, INC.

Supreme Court of New Hampshire.

April 11, 1990.

Attorney(s) appearing for the Case

Vincent J. Nardi, of Manchester, and Elizabeth Cazden, of Manchester (Mr. Nardi and Ms. Cazden on the brief, and Ms. Cazden orally), for Regis J. Chagnon d/b/a Manchester Mortgage Co.

McSwiney, Jones, Semple & Douglas P.C., of Concord (Ronna F. Wise and George B. Waldron, Jr., on the brief, and Ms. Wise orally), for Brad Morrow d/b/a Morrow Millwork.

Kfoury & Elliott P.A., of Manchester (Charla Bizios Labbe on the brief and orally), for Sundeen Lumber Company, Inc.

Scott A. Ewing, of Manchester, for Amoskeag Bank, filed no brief.

JOHNSON, J.

This case involves the conflicting claims of three junior creditors, Regis J. Chagnon d/b/a Manchester Mortgage Co. (Manchester Mortgage), Brad Morrow d/b/a Morrow Millwork (Morrow), and Sundeen Lumber Company, Inc. (Sundeen), to the surplus funds of a mortgage sale. Amoskeag Bank filed a bill of interpleader with the superior court to determine the distribution of the surplus funds among the junior creditors. Manchester Mortgage appeals the December 12...

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