Baybank v. Catamount Construction, Inc.
New Hampshire Supreme Court
693 A.2d 1163 (1997)
Eugene and John Connor (defendants) served as guarantors on a promissory note held by Baybank (plaintiff), which was made by Catamount Construction, Inc. (defendant). After obtaining a judgment against the Connors in superior court, Baybank sought a charging order against the Connors and dissolution of their limited partnership, East Street Limited Partnership (East Street), for satisfaction of the judgment debt. The superior court granted Baybank a charging order and ordered East Street to be dissolved and the appointment of a receiver to dispose of the Connors’ interest in East Street. Although the Connors conceded that Baybank was entitled to a charging order against their limited partnership interest under the Revised Uniform Limited Partnership Act (RULPA), they objected to dissolution of the partnership. The trial court found that it had broad power to order additional relief under the Uniform Partnership Act (UPA) § 28 and that no conflict existed among the relevant RULPA and UPA provisions. The Connors claimed it was an error to apply any of UPA’s remedial provisions to RULPA and appealed to the New Hampshire Supreme Court.
Rule of Law
Holding and Reasoning (Johnson, J.)
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