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New Hampshire Bank Commissioner v. Sweeney

Supreme Court of New Hampshire

October 24, 2014

New Hampshire Bank Commissioner, as Liquidator for Noble Trust Company & a
v.
Cecil Sweeney & a

Argued March 6, 2014.

Page 172

[Copyrighted Material Omitted]

Page 173

Editorial Note:

Under New Hampshire procedural rule this decision is subject to motion for rehearing, as well as formal revision before publication in the New Hampshire Reports.

Merrimack.

Ann M. Rice, deputy attorney general ( Peter C.L. Roth, senior assistant attorney general, on the brief and orally), and Sheehan Phinney Bass Green PA, of Manchester ( Christopher M. Candon on the brief), for the petitioner.

Cleveland, Waters and Bass, P.A., of Concord ( William B. Pribis on the brief), and Law Offices of Robert A. Stolzberg, of Boston, Massachusetts ( Robert A. Stolzberg on the brief and orally), for respondents John Sinanis and Stylianos Sinanis.

CullenCollimore, PLLC, of Nashua ( Brian J.S. Cullen on the brief and orally), for respondents Ivan Green, Mary Green, Susan Kelly (f/k/a Susan Fry Hare), Frank Arnone, Charles Carlson, Webster Dean, Tom Langel, DeeAnn Langel, Ardith Neustaeder, Darwin Schweitzer, Sharon Schweitzer, and Sharp Enterprises.

LYNN, J. DALIANIS, C.J., and HICKS and BASSETT, JJ., concurred.

OPINION

Page 174

Lynn, J.

The respondents, fourteen non-residents[1] named in a petition filed by the New Hampshire Bank Commissioner, as liquidator for Noble Trust Company (Noble) and Aegean Scotia Holdings, LLC (Aegean Scotia), appeal an order of the Superior Court ( Smukler, J.) denying their motions to dismiss for lack of personal jurisdiction. We affirm and remand.

I

The following facts, which are common to each respondent, were found by the trial court or are supported by the record and uncontested. Noble was a non-depository banking institution that, at all times, conducted business in Manchester. The respondents are residents of Michigan, Montana, Missouri, Idaho, Texas, Florida, Oregon, and Kansas. Each respondent, or an agent of each respondent, signed an Individual Investment Management Account Form and Administration Agreement (agreement) with Noble. Each agreement bears Noble's name and New Hampshire business address and specifies that it will be governed, interpreted, and enforced under New Hampshire law. Each agreement required the signatories to attest that they had thoroughly read it and agreed to its terms and conditions. The agreements instructed the respondents to send their completed applications to Noble

Page 175

in New Hampshire, and specified that the respondents could either send a check to Noble in New Hampshire or wire funds to an account in Colorado. If the respondents had inquiries about their accounts, they were directed to contact Noble's president at a New Hampshire telephone number. Periodic account statements, which identified Noble as the account manager and named ...


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