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FIRST NH MORTGAGE CORP. v. GREENE

No. 93-194.

139 N.H. 321 (1995)

FIRST NH MORTGAGE CORP. v. BARRY A. GREENE & a.

Supreme Court of New Hampshire.

January 20, 1995.

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green, P.A., of Manchester (James E. Higgins and Robert R. Lucic on the brief, and Mr. Higgins orally) and Peabody & Brown, of Manchester (John A. Rachel on the brief), for the plaintiff.

Barry A. Greene, Samuel G. Proctor, Jr., Frank McGuire, Barbara McGuire, Jim Baskins, Robert A. Manning, and Kerbert E. Porter-Elliott, pro se, on the joint brief, and Mr. Greene orally.

Andrew C. Ruoff, pro se, filed no brief.

BROCK, C.J.

The plaintiff, First NH Mortgage Corp. (FNHMC), appeals the decision of the Superior Court (Dalianis, J.) ruling that the defendants are not liable to the plaintiff under an agreement guaranteeing payment of a promissory note, made by New Boston Properties, Inc., in favor of FNHMC. On appeal, the plaintiff argues that the trial court erred in allowing the defendants to present the defense that the sale of the collateral real estate was commercially...

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