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CADLE CO. v. PROULX

No. 97-349.

143 N.H. 413 (1999)

THE CADLE COMPANY v. DENNIS PROULX

Supreme Court of New Hampshire.

March 10, 1999.

Attorney(s) appearing for the Case

Normand & Shaughnessy, P.A., of Manchester (Marc W. McDonald on the brief and orally), for the plaintiff.

Scotch & Zalinsky, of Manchester (Bertrand A. Zalinsky and Henry E. Forcier on the brief, and Mr. Zalinsky orally), for the defendant.

JOHNSON, J.

The plaintiff, the Cadle Company, appeals the decision of the Superior Court (Barry, J.) denying its motion for voluntary nonsuit without prejudice. We reverse.

This case has a complicated procedural history arising from the plaintiff's attempt to collect on a promissory note executed by the defendant, Dennis Proulx. In 1992, the defendant executed a "settlement agreement," a promissory note for...

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