IMPACT FOOD SALES, INC. v. EVANS

No. 2009-348.

999 A.2d 198 (2010)

IMPACT FOOD SALES, INC. v. Carl EVANS d/b/a Warehouse Club Distributing Company.

Supreme Court of New Hampshire.

Opinion Issued: June 16, 2010.


Attorney(s) appearing for the Case

Law Offices of Thomas Morgan, P.C., of Salem (Thomas Morgan on the brief and orally), for the plaintiff.

Ford & Weaver, P.A., of Portsmouth (Christopher J. Somma on the brief and orally), for the defendant.


BRODERICK, C.J.

The defendant, Carl Evans d/b/a Warehouse Club Distributing Company (Evans), appeals an order of the Superior Court (McHugh, J.) denying his motions to vacate judgment and to dismiss. We reverse.

The following facts are contained in the record. The plaintiff, Impact Food Sales, Inc. (Impact Food), located in Salem, is in the business of buying wholesale lots of food products. On November 26, 2007, its attorney executed a writ of summons...

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