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SIMON v. NEW HAMPSHIRE SAV. BANK

No. 6314.

112 N.H. 372 (1972)

HYMAN SIMON & a. AND NORMAN W. DAVIS & a. v. NEW HAMPSHIRE SAVINGS BANK CHARLES GILL, INTERVENOR.

Supreme Court of New Hampshire.

November 3, 1972.

Attorney(s) appearing for the Case

Robert D. Branch, by brief and orally, for the plaintiffs.

Sulloway, Hollis, Godfrey & Soden and John C. Ransmeier (Mr. Ransmeier orally) for the defendant.

Orr and Reno, for the intervenor, filed no brief.

DUNCAN, J.

The plaintiffs seek by this bill in equity to restrain and enjoin the defendant bank from foreclosure of a mortgage given to it on May 20, 1965, by the intervenor Gill, a developer, to secure a construction loan of $20,000. In May 1967, the plaintiffs Simon and Nurse assumed and agreed to pay the mortgage upon conveyance of a portion of the mortgaged premises to them. Simon and his wife were also bound by separate agreement with the bank, under seal, to...

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