CHEMICAL BANK v. RINDEN PROFESSIONAL ASSOCIATION 126 N.H. 688, 498 A.2d 706 (1985). CASE BRIEF

CHEMICAL BANK V. RINDEN PROFESSIONAL ASSOCIATION
126 N.H. 688, 498 A.2d 706 (1985)
NATURE OF THE CASE: Rinden (D) appealed a decision which found that ae waiver of defenses clause was enforceable and awarded attorney's fees to Chemical (P).
FACTS: Rinden (D) leased phone equipment from Intertel. Intertel assigned its rights in the lease to Chemical Bank (P) after D signed a document waiving any defenses assertable against Intertel. D made payments to P for nearly three years, until the phone system began to malfunction seriously in 1977. D notified Intertel of the problems and ceased payments. D eventually replaced the phone system with that of another company. The phones malfunctioned, and D ceased payments. P sued for breach. Intertel was made a third-party defendant by D, but Intertel went into bankruptcy in 1979. In October 1978, P filed a motion for summary judgment based on the waiver clause. It was denied. D contended that there was not a valid waiver because that would be unconscionable. A Master (Robert Carignan, Esq.) found that the June 11, 1974, document from Intertel to D contained a valid notice of assignment and waiver of defenses and that P is a holder in due course entitled to collect the balance of its payments from D. Judgment was entered for P. D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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