Phinney v. Levine

On Motion for Rehearing: Following the filing of an opinion in this case, the plaintiff moved for rehearing. The previous opinion is withdrawn, and this opinion is substituted therefor.

The issue in this case is whether the superior court abused its discretion in denying the defendant the opportunity to amend his pleadings to seek affirmative relief. We hold that the superior court acted within its discretion.

In 1973, plaintiff brought a bill in equity to secure discharge, pursuant to RSA 479:10, of a mortgage and note executed in 1965 by the plaintiff and her husband, George Phinney. The…