Hopkins v. Fleet Bank

.THAYER, J.

The plaintiffs, William F. Hopkins, Jr., Frances G. Hopkins, and Hopkins Enterprises, Inc., appeal a decision of the Superior Court (Mohl, J.) granting summary judgment to the defendant, Fleet Bank-NH. We reverse and remand.

On August 13, 1992, the defendant and the plaintiffs entered into two agreements, a “Forbearance, Deceleration and Workout Agreement” (forbearance agreement) and an “Escrow and Discount Agreement” (discount agreement). The forbearance agreement consolidated multiple loans owed by the plaintiffs to the defendant into a single promissory note in the amount of…