Ruotolo v. Benjamin Franklin Corp.

Supreme Court of New Hampshire

Ruotolo v. Benjamin Franklin Corp.

441 A.2d 1185, 122 N.H. 149, 1982 N.H. LEXIS 305

CourtSupreme Court of New Hampshire

DecidedFebruary 19, 1982

DocketNo. 81-256

StatusPublished

Cited by2 cases

This text of 441 A.2d 1185 (Ruotolo v. Benjamin Franklin Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ruotolo v. Benjamin Franklin Corp., 441 A.2d 1185, 122 N.H. 149, 1982 N.H. LEXIS 305 (N.H. 1982).

Pincite

Opinion

Memorandum Opinion

This is an appeal from a Superior Court (Batchelder, J.) decision denying the plaintiffs’ petition to enjoin foreclosure of a mortgage on eleven hundred acres of land in Alton. The mortgagors agree that the note has been in default for several years, that the mortgagee can legally foreclose, and that notice was proper.

[150]*150The superior court has equitable powers under RSA 498:1 (Supp. 1979) to enjoin a mortgage foreclosure if the equities of the situation warrant. Meredith v. Fisher, 121 N.H. 856, 858, 435 A.2d 536, 537 (1981).

Because of the substantial period of default, we find that the superior court did not err in denying the injunction on the ground that further delay would be inequitable. Nor do we find proof of a novation as the mortgagors allege.

Affirmed.

Batchelder, J., did not sit.

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