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CAMBRIDGE TRUST CO. v. CARNEY

No. 7057.

115 N.H. 94 (1975)

CAMBRIDGE TRUST COMPANY v. P. GERARD CARNEY AND A. E. CARNEY a.k.a. ANN E. CARNEY d.b.a. P. GERARD CARNEY & COMPANY

Supreme Court of New Hampshire.

February 28, 1975.

Attorney(s) appearing for the Case

Harold Rosenwald, of Massachusetts, and Shaines, Madrigan & McEachern (Mr. Rosenwald orally) for the plaintiff.

McLane, Graf, Greene, Raulerson & Middleton and James C. Hood (Mr. Hood orally) for the defendants.

KENISON, C.J.

Plaintiff, a Massachusetts bank, brought this in rem action for recovery of a $5,902.88 overdraft against defendants in their capacities as cosignatories on a joint checking account. Since defendant P. Gerard Carney could not be located, the suit was prosecuted against his wife, Ann E. Carney only. Jurisdiction of the Hillsborough County Superior Court was obtained through the attachment of funds deposited by...

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