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BANK OF N.H. v. SCANLON

No. 97-905.

144 N.H. 505 (1999)

BANK OF NEW HAMPSHIRE v. EDWARD J. SCANLON

Supreme Court of New Hampshire.

December 21, 1999.

Attorney(s) appearing for the Case

Kalil & LaCount, of Greenland (Earl L. Kalil, Jr. and Michelle LaCount on the brief, and Ms. LaCount orally), for the plaintiff.

Sanders & McDermott, P.L.L.C., of Hampton (Lawrence M. Edelman and Patricia M. Weathersby on the brief, and Mr. Edelman orally), for the defendant.

Gallagher, Callahan & Gartrell, PA., of Concord (Dodd S. Griffith and James L. Kruse on the brief), for New Hampshire Bankers Association, as amicus curiae.

HORTON, J.

The plaintiff, Bank of New Hampshire, brought an action in the Superior Court (Murphy, J.) against the defendant, Edward J. Scanlon, to recover a deficiency on a promissory note. The superior court granted summary judgment in favor of the defendant after ruling: (1) that the plaintiff failed to properly disclose the loan's interest rate in violation of RSA 399-B:2 (1998); and (2) that the plaintiff was consequently...

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