F. W. Myers & Co. v. Piche

This is an action in assumpsit for duty paid by the plaintiff on behalf of the defendant on a shipment of ski boots purchased by defendant from a Canadian firm. The plaintiff filed a motion for summary judgment, and the defendant filed a counter-affidavit. At the hearing on this motion, the defendant moved to dismiss on the ground that the plaintiff had not registered to do business in this state under RSA ch. 300. The Trial Court (Flynn, J.) granted the motion but provided that if the ruling is reversed, there should be judgment in the amount of the specification, and transferred the…