Leavitt v. Hamelin

This case presents a single issue of statutory construction. We are asked to construe the bad check statute, RSA chapter 544-A, and to determine whether this statute’s penalty provisions encompass the award of attorney’s fees to a plaintiff whose suit is successful. RSA 544-A:2. We hold that RSA 544-A:2 does contemplate the award of attorney’s fees and set forth our reasons below.

The plaintiff successfully prosecuted a suit in the Derry District Court against the defendant for issuance by the latter of a bad check. Having received judgment on his claim, the plaintiff sought an award of…