Barry v. Bank of New Hampshire

This appeal is a continuation of the litigation in Barry v. Bank of New Hampshire, 112 N.H. 226, 293 A.2d 755 (1972), where the underlying facts involved in this dispute are set forth. Plaintiff on this appeal contends that our judgment for the defendant in that opinion decided questions beyond those presented to us for decision and foreclosed him from proof of certain factual matters allegedly pertinent to his case.

Plaintiff, the holder of an unperfected purchase money security interest in certain lumber, originally instituted an action against the defendant bank, which also had a security…