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R.J. Berke Co. v. J.P. Griffin, Inc.
Citation:
118 N.H. 449Facts
This case follows a previous judgment where the New Hampshire Supreme Court affirmed a verdict for plaintiff Berke in the amount of $9,428.29. After this decision, Berke moved for taxation of costs and execution. A dispute arose regarding the costs, leading to a hearing before Judicial Referee Blandin. On May 12, 1977, the referee issued an order taxing costs against Griffin and requiring Griffin to indemnify Berke from liability in three pending actions brought by Berke’s creditors who had supplied labor and materials for the construction project. Griffin objected to the indemnification portion, claiming it altered the previous court decision. The referee rejected Griffin’s interpretation, finding it would lead to an “absurd result” and characterized Griffin’s motions as “frivolous and unreasonable.” The Superior Court approved the referee’s report on July 5, 1977. Griffin’s attorney filed an appeal on judgment day (August 2, 1977), rather than before judgment day as required by Superior Court Rule 74, claiming reliance on information from the court clerk.
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