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OLBRES v. HAMPTON COOP. BANK

No. 95-670.

142 N.H. 227 (1997)

TAMARA C. OLBRES & a. v. HAMPTON COOPERATIVE BANK

Supreme Court of New Hampshire.

August 6, 1997.

Attorney(s) appearing for the Case

Shaines & McEachern, PA., of Portsmouth (John H. McEachern on the brief and orally), for the plaintiffs.

Casassa and Ryan, of Hampton (John J. Ryan on the brief and orally), for the defendant.

Gallagher, Callahan & Gartrell, PA., of Concord (Daniel E. Lyford on the brief), for the New Hampshire Bankers Association, as amicus curiae.

HORTON, J.

Following a bench trial in Superior Court (Gray, J.) arising from a failed loan transaction, the court concluded: (1) that the defendant, Hampton Cooperative Bank, did not owe or breach any duty to plaintiff Tamara C. Olbres (Tamara) in setting off funds deposited pursuant to RSA chapter 384-D (1983) by her parents, plaintiffs Anthony Olbres and Shirley Olbres (the Olbreses); (2) that the defendant violated a duty of good faith owed to the Olbreses...

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