New Hampshire York Co. v. Titus Constr. Co.

8 Citing cases

  1. A. E. Nelson Co. v. Haggett's Sport Shop, Inc.

    418 A.2d 1273 (N.H. 1980)   Cited 1 times

    RSA 491:8-a (Supp. 1979); see New Hampshire York Co. v. Titus Constr. Co., 107 N.H. 223, 224-25, 219 A.2d 708, 710 (1966). Because a review of the record before us does not reveal any genuine issue of disputed material fact, the legal issue becomes whether the financing statement and security agreements were sufficient to attach and perfect a security interest in Haggett's after-acquired inventory.

  2. Bankeast v. Michalenoick

    599 A.2d 500 (N.H. 1991)   Cited 2 times

    "an excellent device to make possible the prompt disposition of controversies on their merits without a trial, if in essence there is no real dispute as to the salient facts or if only a question of law is involved. New Hampshire York Co. v. Titus Constr. Co., 107 N.H. 223, 224-225, 219 A.2d 708, 710 (1966) (quoting 3 BARRON HALTZOFF, FEDERAL PRACTICE AND PROCEDURE, 1231, at 96 (Wright ed. 1958))."

  3. Concord Group Insurance Companies v. Sleeper

    135 N.H. 67 (N.H. 1991)   Cited 14 times
    Recognizing that insured's grandson could be a "resident" of her household despite living elsewhere for weeks at a time

    The value of judicial economy may not be gained, however, at the expense of denying "a litigant the right of trial where there is a genuine issue of material fact to be litigated." New Hampshire York Co. v. Titus Constr. Co., 107 N.H. 223, 225, 219 A.2d 708, 710 (1966). Consequently, RSA 491:8-a, III places on the moving party the burden of showing "that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law."

  4. Omiya v. Castor

    130 N.H. 234 (N.H. 1987)   Cited 8 times
    Explaining that the party opposing summary judgment must do more than merely deny the facts set forth in the moving party's affidavit

    It is "an excellent device to make possible the prompt disposition of controversies on their merits without a trial, if in essence there is no real dispute as to the salient facts or if only a question of law is involved." New Hampshire York Co. v. Titus Constr. Co., 107 N.H. 223, 224-25, 219 A.2d 708, 710 (1966) (quoting 3 BARRON HALTZOFF, FEDERAL PRACTICE AND PROCEDURE 1231, at 96 (Wright ed. 1958)). "[T]he very object of a motion for summary judgment is to separate what is formal or pretended in denial or averment from that which is genuine and substantial so that only the latter may subject a suitor to the burden of a trial."

  5. Donnelly v. Kearsarge Tel. Co.

    121 N.H. 237 (N.H. 1981)   Cited 7 times

    The plaintiff's assignment of error is that the trial court erred as a matter of law in finding no triable issue of fact in the pleadings, depositions, and affidavits before it, when viewed in a light most favorable to the plaintiff. See New Hampshire York Co. v. Titus Constr. Co., 107 N.H. 223, 225, 219 A.2d 708, 710 (1966). Donnelly argues that he is entitled to "portal-to-portal" coverage because the pleadings and materials before the court would show that he "was an outside employee who was continuously on-call 24 hours per day, 365 days per year, having sole responsibility for his company's 200 odd miles of above and below ground telephone cables and that his injuries were sustained while on a dual purpose trip which benefited his employer."

  6. Suojanen v. Tardif

    419 A.2d 1088 (N.H. 1980)   Cited 5 times
    In Suojanen v. Tardif, 120 N.H. 574, 419 A.2d 1088 (1980), however, we set aside the lower court ruling and remanded for a hearing on the merits.

    The defendant also admits that, in determining whether he has met the above burden of proof placed on him, all the material and pleadings on file are to be construed in the light most favorable to the plaintiff. New Hampshire York Co. v. Titus Constr. Co., 107 N.H. 223, 225, 219 A.2d 708, 710 (1966). Accordingly, the plaintiff's deposition taken by the defendant must be construed most favorably to the plaintiff.

  7. Thomson v. Cash

    119 N.H. 371 (N.H. 1979)   Cited 48 times

    1977); Lortie v. Bois supra. "The defendants, moving for summary judgment, had the burden of showing the absence of any genuine issue and the material and pleadings on file are viewed in the light most favorable to the adversary." New Hampshire York Co. v. Titus Constr. Co., 107 N.H. 223, 225, 219 A.2d 708, 710 (1966). As one ground for summary judgment, the defendants claim that "the allegedly defamatory matter complained of did not injure plaintiff in his trade, business or profession.

  8. Dunhill of Manchester, Inc. v. Bardelcik

    306 A.2d 201 (N.H. 1973)   Cited 1 times

    The purpose of this procedure is to expedite and facilitate the orderly resolution of cases in which no genuine issue of material fact exists. New Hampshire York Co. v. Titus Constr. Co., 107 N.H. 223, 219 A.2d 708 (1966); Community Oil Co. v. Welch, 105 N.H. 320, 199 A.2d 107 (1964); Salitan v. Tinkham, 103 N.H. 100, 166 A.2d 115 (1960). Since there is no inherent power in our courts to render summary judgments, such relief "will be granted only in cases, or under circumstances, covered by the terms of the statute."