AMERICAN EXPRESS TRAVEL v. MOSKOFF

Nos. 2000-414, 2000-563.

148 N.H. 446 (2002)

AMERICAN EXPRESS TRAVEL v. DAVID MOSKOFF

Supreme Court of New Hampshire.

Opinion Issued: October 25, 2002.


Attorney(s) appearing for the Case

Barry I. Harkaway, of Nashua, by brief and orally, for the plaintiff.

Daphne Fotiades, of Newmarket, appearing pursuant to Supreme Court Rule 33, by brief, for the defendant.


BROCK, C.J.

The defendant, David Moskoff, appeals from Superior Court (McHugh, J.) orders: (1) finding that he has the ability to pay $5,000 per month towards an outstanding debt and ordering him held until he paid $5,000 cash; and (2) clarifying that the $5,000 paid to secure his release was not bail, but was properly turned over to the plaintiff and applied towards its judgment. We affirm.

In April 1997, the plaintiff, American Express Travel, filed...

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