Salitan v. Tinkham

The entry of summary judgment by the Trial Court implied a finding that “no genuine issue of material fact exists.” RSA 491:8a (supp). See Nashua Trust Co. v. Sardonis, 101 N. H. 166, 170. The statute contemplates that such a finding may be made upon affidavit, and requires the moving party to file “affidavits based upon personal knowledge of admissible facts as to which it appears affirmatively that the affiants will be competent to testify.”

The substantive rights of the parties are controlled by provisions of the Uniform Negotiable Instruments Law appearing in RSA 337:62-59. Section 59…