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Rachel and Robert Holbrook (D) were married and shared a residence. During this time, Rachel received medical services from Cheshire Medical Center (P). P charged D $7,080.40 for medical treatment and Rachel who was subsequently incarcerated, could not pay the amount due. She offered to pay P $10 per month until her release from prison in 1996 at which time she promised to make more payments. P disliked the terms and filed a petition to attach real property owned by Robert. Robert raised the issue of the validity of whether the doctrine of necessaries was the law of New Hampshire. That issue was transferred by motion to the Supreme Court of New Hampshire.

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