Hudson v. Musor

The defendant in this appeal challenges the failure of the Merrimack District Court (Morrill, J.) to grant his motion to set aside a default judgment granted to the plaintiff, arguing that he was not given notice of the plaintiff’s claim in accordance with the applicable statute. We find that the notice to the defendant was defective and, hence, reverse and remand the case to the district court.

On July 9, 1985, the plaintiff was in the parking lot near Bradlees Department Store in the Nashua Mall in Nashua. The plaintiff alleged, in his small claims complaint, that at approximately 9:15 a.m.…