Opinion · Supreme Court of New Hampshire

Beane v. Dana S. Beane & Co., P.C.

160 N.H. 708

Type
Opinion
Court
Supreme Court of New Hampshire
Jurisdiction
New Hampshire
Date
2010-09-22
Topic
bankruptcy

How later courts describe this case

  • holding that, in ruling on a motion to dismiss, the trial court may consider, among other things, "documents attached to the plaintiff's pleadings"
  • holding that defendant bears the burden of proving affirmative defenses
  • affirming grant of motion to dismiss notwithstanding allegations that the discovery rule tolled statute of limitations
  • stating'that when deciding motion to dismiss, the “trial court need not accept allegations in the writ that are merely conclusions of law” (quotation omitted)
  • rejecting argument that evidentiary hearing was required to resolve motion to dismiss raising discovery rule issue
  • explaining that the discovery rule avoids “undue strain upon common sense, reality, logic and simple justice to say that a cause of action has accrued to the plaintiff and has 5 been outlawed before she was or should have been aware of its existence” (quotation omitted)
  • affirming trial court’s decision not to hold an evidentiary hearing on defendant’s motion to dismiss when “the issues before the trial court were limited to legal analysis of the facts asserted by the plaintiff”
  • declining to adopt the “continuing representation” rule for an accounting malpractice claim

Citator

UpLaw has not yet analyzed Beane v. Dana S. Beane & Co., P.C.. The absence of a flag is not a finding that it is good law.

Cited by
76 opinions