BANKEAST v. MICHALENOICK

No. 93-157.

138 N.H. 367 (1994)

BANKEAST v. CHARLES MICHALENOICK, JR.

Supreme Court of New Hampshire.

March 25, 1994.


Attorney(s) appearing for the Case

McLane, Graf, Raulerson & Middleton, of Manchester (Kevin M. Leach on the brief and orally), for the plaintiff.

Ekberg & Associates, of North Conway (Donald M. Ekberg on the brief and orally), for the defendant.


THAYER, J.

The defendant, Charles Michalenoick Jr., appeals from an order of the Superior Court (Morrill, J.) granting plaintiff BankEast's renewed motion for summary judgment in its action to recover on a loan guarantee. The defendant makes a variety of arguments, only one of which we need address here: that the trial court erred as a matter of law in determining that foreclosure proceeds did not constitute a paydown of principal on the loan secured so as...

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