HOPKINS v. FLEET BANK-NH

No. 96-329.

143 N.H. 385 (1999)

WILLIAM F. HOPKINS JR. & a. v. FLEET BANK-NH

Supreme Court of New Hampshire.

March 2, 1999.


Attorney(s) appearing for the Case

James H. Schulte, of Dover, by brief and orally, for the plaintiffs.

Pierce Atwood, of Portland, Maine (Byrne J. Decker on the brief and orally), for the defendant.


THAYER, J.

The plaintiffs, William F. Hopkins, Jr., Frances G. Hopkins, and Hopkins Enterprises, Inc., appeal a decision of the Superior Court (Mohl, J.) granting summary judgment to the defendant, Fleet Bank-NH. We reverse and remand.

On August 13, 1992, the defendant and the plaintiffs entered into two agreements, a "Forbearance, Deceleration and Workout Agreement" (forbearance agreement) and an "Escrow and Discount Agreement" (discount agreement...

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