Category: New Hampshire Court Opinions

358 A.2d 412 DOROTHY C. RUANE INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JOHN J. RUANE v. CARDINAL REALTY, INC. a. No. 7362Supreme Court of New Hampshire Hillsborough Decided May 29, 1976 1. The common expectation is that a partially completed house sold as a complete house will be supplied with water in reasonable […]

358 A.2d 665 RICHARD D. LEVASSEUR a. v. BOARD OF SELECTMEN OF HUDSON a. No. 7434Supreme Court of New Hampshire Hillsborough Decided May 29, 1976 1. Refusal by selectmen to insert an article in the warrant for the town meeting which would require posting of bond by a subdivider of land in a town whose […]

312 A.2d 698 KATHERINE PIPER v. ROBERT FICKETT, d.b.a. FICKETT’S JEWELERS No. 6599Supreme Court of New Hampshire Merrimack Decided November 30, 1973 1. Testimony regarding decedent’s statement made in good faith and on her personal knowledge on her wedding eve about 30 years before trial that her fiancee had insured her engagement ring for $1,000 […]

433 A.2d 1266 BARRINGTON EAST CLUSTER I UNIT OWNERS’ ASSOCIATION a. v. TOWN OF BARRINGTON a. No. 79-468Supreme Court of New Hampshire Strafford Decided August 5, 1981 1. Zoning — Appeals From Board of Adjustment — Findings of Fact Where zoning board did not make specific findings, its decision to grant a special exception indicated […]

274 A.2d 787 WILTON-LYNDEBORO COOPERATIVE SCHOOL DISTRICT v. DONALD B. GREGG a. No. 6173.Supreme Court of New Hampshire Hillsborough. Decided February 26, 1971. 1. A landowner is entitled to a hearing to contest the legality of the condemnation of his land by a cooperative school district for its purposes, even though the statutes relating to […]

413 A.2d 577 CITY OF MANCHESTER a. v. MANCHESTER FIREFIGHTERS ASSOCIATION a. AND NEW HAMPSHIRE PUBLIC EMPLOYEE LABOR RELATIONS BOARD v. SAME No. 79-141 No. 79-142Supreme Court of New Hampshire Hillsborough Decided March 31, 1980 1. Labor Relations — Unfair Labor Practices A sickout, that is, a form of job action in which members report […]

389 A.2d 434 CLINTON B. LIBBEY a. v. HAMPTON WATER WORKS COMPANY, INC. No. 7882Supreme Court of New Hampshire Rockingham Decided July 18, 1978 1. Negligence — Duty The question whether there is a “duty” merely begs the more fundamental question whether the plaintiff’s interests are entitled to legal protection against the defendant’s conduct. 2. […]

635 A.2d 1387 CARMEN DOUCETTE, ADMINISTRATRIX OF THE ESTATE OF ROBIN LEE REYNOLDS v. TOWN OF BRISTOL a. No. 92-747Supreme Court of New Hampshire Belknap Decided December 30, 1993 1. Municipal Law — Liability — Tort Liability The special duty/special relationship test, as stated in Hartman v. Town of Hooksett, 125 N.H. 34 (1984), and […]

606 A.2d 806 EUGENE SCHWARTZ v. THE STATE OF NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION a. Nos. 90-331 90-453Supreme Court of New Hampshire Merrimack Decided April 24, 1992 1. Taxation — Appraisal and Assessment — Notice Absent extenuating circumstances, notice of a tax assessment is commensurate with the date on the letter notifying taxpayer of […]

392 A.2d 587 HILDA G. AHERN v. LACONIA COUNTRY CLUB, INC. No. 7981Supreme Court of New Hampshire Belknap Decided September 27, 1978 1. Statutes — Construction and Application — Plain Meaning Where the language of a statute is plain and unambiguous, the statute must be given effect according to its plain and obvious meaning. 2. […]

697 A.2d 120 OPINION OF THE JUSTICES (Municipal Tax Exemptions for Industrial Construction) No. 97-217Supreme Court of New Hampshire Request of the House Decided June 23, 1997 1. Taxation — Constitutional Requirements and Restrictions — Equality and Uniformity The classification of taxable property provided for in HB 198-LOCAL, which would allow municipalities to offer tax […]

393 A.2d 562 THE STATE OF NEW HAMPSHIRE v. ROBERT C. GOFF No. 78-111Supreme Court of New Hampshire Rochester District Court Decided October 30, 1978 1. Motor Vehicles — Traffic Offenses Generally — Validity of Summonses Where defense counsel entered a special appearance without the nonresident defendant present and moved to quash traffic summonses, arguing […]

689 A.2d 1336 THE STATE OF NEW HAMPSHIRE v. SIDNEY HENDERSON No. 94-328Supreme Court of New Hampshire Strafford Decided March 7, 1997 1. Constitutional Law — New Hampshire Constitution — Construction and Application The State Constitution is at least as protective as the Federal Constitution in the area of ineffective assistance of counsel claims. N.H. […]

389 A.2d 436 In re ESTATE OF ELIZABETH JONES No. 7886Supreme Court of New Hampshire Probate Court, Strafford County Decided July 18, 1978 1. Gift — Absolute Gifts The use of the word “condition” does not conclusively preclude a gift from being absolute. 2. Wills — Conditions The fact that testatrix made no express provision […]

621 A.2d 438 DARLENE SORENSON, ADMINISTRATRIX OF THE ESTATE OF RICKY SORENSON v. CITY OF MANCHESTER No. 91-417Supreme Court of New Hampshire Hillsborough Decided March 5, 1993 1. Appeal and Error — Dismissal of Complaint — Standards for Review On appeal from an order granting a motion to dismiss, court must determine whether plaintiff can […]

427 A.2d 15 ARMAND ENGINEERING CO., INC. v. ADRIEN A. LABRIE, INC. a. LOUIS A. GEREMIA, ESQUIRE v. ADRIEN A. LABRIE, INC. a. Nos. 80-154 80-264Supreme Court of New Hampshire Hillsborough Decided March 6, 1981 1. Judgments — Summary Judgment — Issues of Material Fact Mere general and bare allegations of expected proof, as contained […]

816 A.2d 944 APPEAL OF TAYLOR HOME (New Hampshire Board of Tax and Land Appeals) Nos. 2002-178, 2002-179Supreme Court of New Hampshire Board Of Tax And Land AppealsSubmitted November 21, 2002; December 16, 2002 Opinion Issued January 27, 2003 1. Taxation — Judicial and Administrative Proceedings — Appeals The board of tax and land appeals […]

848 A.2d 725 THE BLACKTHORNE GROUP, INC. v. PINES OF NEWMARKET, INC. No. 2003-401.Supreme Court of New Hampshire RockinghamArgued: March 10, 2004. Opinion Issued: April 21, 2004. 1. Brokers — Licenses — Listing Agreements Statute governing civil actions by brokers prohibits any person who lacks a license under New Hampshire Real Estate Practice Act from […]

484 A.2d 1114 R. C. FOSS SONS, INC. v. ACCURATE ROOFING CO. a. No. 83-284Supreme Court of New Hampshire Carroll Decided October 5, 1984 Lien — Mechanic’s Lien — Priority Subcontractor’s mechanic’s lien encumbered the property of the owner of the building under construction, but not funds paid into court by general contractor under a […]

153 A.2d 409 OPINION OF THE JUSTICES. No. 4777.Supreme Court of New Hampshire Request of Senate.Submitted July 16, 1959. Answer returned July 17, 1959. 1. The constitutional provision (Pt. II, Art. 37) specifically fixing the number of Senators to constitute a quorum for doing business in the Senate is mandatory. 2. A legislative body has […]

692 A.2d 514 THE BYBLOS CORPORATION v. SALEM FARM REALTY TRUST a. No. 95-645Supreme Court of New Hampshire Rockingham Decided April 11, 1997 1. Appeal and Error — Findings — Supporting Evidence Absent an error of law, a trial court’s rulings on the issues of whether a binding settlement agreement existed, and whether a party’s […]

660 A.2d 1121 BOARD OF WATER COMMISSIONERS, LACONIA WATER WORKS v. MARK A. MOONEY No. 93-624Supreme Court of New Hampshire Belknap Decided June 14, 1995 1. Municipal Law — Municipal Corporations — Generally Although the board of water commissioners could operate in a semi-independent manner, it remained nothing more than an arm of the municipality […]

846 A.2d 1187 TOWN OF LYNDEBOROUGH v. BOISVERT PROPERTIES, LLC a. No. 2003-576.Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued: February 11, 2004. Opinion Issued: April 21, 2004. 1. Environment and Natural Resources — Environmental Protection — Statutory Provisions Given that the scheme of the statute governing off highway recreational vehicles (OHRV) and trails provides […]

371 A.2d 1182 STATE OF NEW HAMPSHIRE v. WILFRED A. BOISVERT No. 7657Supreme Court of New Hampshire Nashua District Court Decided March 31, 1977 1. Municipal Ordinances — Elections — Conformity With State Laws City ordinance which provided that no person shall serve as ward worker on election day who is on that same election […]

861 A.2d 795 RAL AUTOMOTIVE GROUP, INC. v. JAY C. EDWARDS a. No. 2003-771.Supreme Court of New Hampshire Rockingham.Argued: September 14, 2004. Opinion Issued: November 30, 2004. 1. Landlord and Tenant — Rent — Right to Rent Where a tenant surrenders a lease by relinquishing possession of the premises, and the landlord accepts such surrender, […]

29 A.2d 417 AMERICAN EMPLOYERS INSURANCE CO. v. ROLAND WORDEN a. No. 3385.Supreme Court of New Hampshire Rockingham. Decided December 1, 1942. A clause in a motor vehicle liability policy issued to an employer and excluding coverage for an action against an employee because of injury to another employee is valid if approved by the […]

410 A.2d 635 METROPOLITAN LIFE INSURANCE COMPANY v. FRANK E. WHALAND, COMMISSIONER OF INSURANCE No. 78-220Supreme Court of New Hampshire Insurance Commission Decided December 28, 1979 1. Statutes — Federal Power and Infringement on Local Power When Congress exercises a granted power, state legislation in that field may be challenged on the ground that it […]

291 A.2d 251 HORSESHOE FISH GAME CLUB v. MERRIMACK VILLAGE DISTRICT a. MERRIMACK VILLAGE DISTRICT v. HORSESHOE FISH GAME CLUB a. No. 6222.Supreme Court of New Hampshire Hillsborough. Decided March 31, 1972 1. Evidence warranted a finding that club members who signed a lease on behalf of a fish and game club were at least […]

225 A.2d 627 STATE v. ALAN ROBERT MOWER. No. 5424.Supreme Court of New Hampshire Rockingham.Argued December 8, 1966. Decided January 13, 1967. 1. A complaint charging the respondent with violation of the riot statute and refusal to disperse after proclamation (RSA 609:9) and phrased in the language of the statute and further describing the activities […]

769 A.2d 355 THE STATE OF NEW HAMPSHIRE v. IAN GRAHAM No. 98-462Supreme Court of New Hampshire Concord District Court March 16, 2001 1. Criminal Law — Judgment and Sentence — Deferred Sentence There is an implied condition of good behavior in deferred sentences and that condition does not offend due process; therefore, defendant’s right […]

500 A.2d 685 THE STATE OF NEW HAMPSHIRE WETLANDS BOARD v. CHARLOTTE MARSHALL, INDIVIDUALLY AND AS TRUSTEE OF THE DROP ANCHOR REALTY TRUST AND JOSEPH J. FIUMARA, INDIVIDUALLY AND AS AGENT OF THE DROP ANCHOR REALTY TRUST No. 84-464Supreme Court of New Hampshire Rockingham Decided August 16, 1985 1. Administrative Law — Judicial Review — […]

96 A.2d 738 EVA KREWSKI v. HOOKSETT. No. 4173.Supreme Court of New Hampshire Merrimack. Decided May 5, 1953. A sharp ungraded slope in a public highway occasioned by the construction of a new intersecting highway is not an embankment within the meaning of Laws 1945, c. 188, pt. 18, s. 17, which would render the […]

394 A.2d 844 BEVERLY HUMISTON v. STUART BUSHNELL, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF PAUL C. BUSHNELL No. 78-078Supreme Court of New Hampshire Belknap Decided November 15, 1978 1. Gifts — Delivery Delivery and expression of donative intent need not be contemporaneous; delivery may precede the formation of the donor’s intent. 2. Gifts […]

579 A.2d 808 APPEAL OF CLIPPER HOME (New Hampshire Health Services Planning and Review Board) No. 89-383Supreme Court of New Hampshire Health Services Planning and Review Board Decided August 29, 1990 1. Public Health and Welfare — Institutional Health Services — Certificate of Need Health services planning and review board has ample authority to impose […]

465 A.2d 908 THE STATE OF NEW HAMPSHIRE v. EDWARD P. STILES No. 82-114Supreme Court of New Hampshire Merrimack Decided August 31, 1983 1. Indictment and Information — Sufficiency — Generally An indictment is constitutionally sufficient if it gives the defendant enough information about the nature and cause of the accusation to allow the defendant […]

736 A.2d 459 FEDERAL BAKE SHOP v. FARMINGTON CASUALTY COMPANY No. 97-476Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided July 16, 1999 1. Insurance — Policies — Construction If more than one reasonable interpretation of an insurance policy is possible, and an interpretation provides coverage, policy contains an ambiguity and will be construed against […]

18 A.2d 754 STATE v. WALTER CHAPLINSKY. No. 3226.Supreme Court of New Hampshire Strafford. Decided March 4, 1941. A complaint upon P. L., c. 378, s. 2 forbidding the addressing of “any offensive, derisive or annoying word to any other person who is lawfully in any street,” is sustained by proof that the respondent there […]

523 A.2d 107 RIBLET TRAMWAY COMPANY, INC. v. WALLACE E. STICKNEY, INDIVIDUALLY AND AS COMMISSIONER OF THE NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION, a. No. 86-214Supreme Court of New Hampshire Merrimack Decided March 5, 1987 1. Constitutional Law — New Hampshire Constitution — Construction Phrase in the New Hampshire Constitution, “the law of the land,” is […]

437 A.2d 291 APPEAL OF THE TOWN OF GOFFSTOWN (New Hampshire Water Supply Pollution Control Commission) No. 80-330Supreme Court of New Hampshire Water Supply Pollution Control Commission Decided November 20, 1981 1. Administrative Law — Judicial Review — Authority To Prosecute Appeal Since statute authorizing State water supply and pollution control commission to require installation […]

182 A.2d 467 STATE v. OSCAR J. BLAIS. No. 5041.Supreme Court of New Hampshire Merrimack.Argued June 6, 1962. Decided June 29, 1962. 1. Where certain evidence allegedly improperly admitted in criminal proceedings before the municipal court may or may not be presented in the Superior Court to which an appeal has been taken from the […]

385 A.2d 844 THE STATE OF NEW HAMPSHIRE v. RICHARD N. HOGG AND WILLIAM G. SIMPSON, JR. No. 7923Supreme Court of New Hampshire Coos Decided April 25, 1978 1. Constitutional Law — Double Jeopardy — Application to States United States Supreme Court decision which held on basis of dual sovereignty that double jeopardy clause of […]

382 A.2d 916 MARTIN BATTCOCK a. v. ROBERT M. DUVALL, COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF LABOR, a. No. 7860Supreme Court of New Hampshire Rockingham Decided February 3, 1978 1. Labor Relations — Hours and Wages — Obligation To Pay Wages Under statute establishing prime contractor’s responsibility for wage payments whenever party contracted with for performance […]

679 A.2d 1150 RICHARD L. RODMAN v. BONNIE YOUNG No. 94-830Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 24, 1996 1. Attachment and Garnishment — Attachment Proceedings — Actions in Which Authorized It was not unreasonable for the trial court to consider defendant’s ex-husband’s motion for clarification and objection to the real estate […]

802 A.2d 1192 In re BABY GIRL P. No. 2001-729Supreme Court of New Hampshire Merrimack County Probate CourtArgued March 13, 2002 Opinion Issued June 21, 2002 1. Conflict of Laws — Adoption — Generally Where natural mother’s consent contemplated that adoption would take place pursuant to New Hampshire law and the prospective adoptive parents resided […]

211 A.2d 410 JULIETTE SMALL DEAN v. HARRISON E. SMITH, Adm’r a. No. 5279.Supreme Court of New Hampshire Hillsborough.Argued February 2, 1965. Decided June 30, 1965. 1. Where the court rather than the Legislature has imposed a disability upon an unemancipated child to maintain an action against its parent it is the responsibility of the […]

176 A.2d 188 ALLEN C. PETTIS v. J. F. WHITE CONTRACTING COMPANY. No. 4989.Supreme Court of New Hampshire Merrimack.Argued November 8, 1961. Decided December 27, 1961. 1. A petition by a debtor under RSA 529:26, 34, 35 for an accounting and redemption of real property sold on execution may be maintained only against the one […]

256 A.2d 145 BADER COMPANY, INC. v. CONCORD ELECTRIC COMPANY a. No. 5814.Supreme Court of New Hampshire Merrimack.Argued November 6, 1968. Decided July 30, 1969. 1. In an action by a subcontractor to enforce a mechanic’s lien under RSA ch. 447 for labor and materials furnished under a contract between the contractor and owner of […]

512 A.2d 1126 SUSAN C. PILLSBURY-FLOOD, ADMINISTRATRIX OF THE ESTATE OF DANIEL G. PILLSBURY-FLOOD v. PORTSMOUTH HOSPITAL a. No. 85-099Supreme Court of New Hampshire Rockingham Decided July 17, 1986 1. Negligence — Burden of Proof — Medical Malpractice In New Hampshire, the plaintiff in a medical malpractice action must prove that the defendant’s negligence caused […]

674 A.2d 573 SNOW’S CASE No. JD-95-001Supreme Court of New Hampshire Original Decided February 7, 1996 1. Judges — Judicial Acts — Misconduct The procedural and due process protections in scheme set out in Supreme Court Rules 39 and 40 exceed what is required by either the New Hampshire or Federal Constitution. SUP. CT. R. […]

517 A.2d 804 DARTMOUTH MOTOR SALES, INC. v. ALAN WILCOX d/b/a T T AUTO SALES a. No. 85-402Supreme Court of New Hampshire Sullivan Decided October 2, 1986 1. Appeal and Error — Findings — Master’s Findings Master’s findings and rulings will be affirmed unless they are unsupported by the evidence or are erroneous as a […]

171 A.2d 28 BEATRICE T. STETSON v. KENNETH A. STETSON. No. 4874.Supreme Court of New Hampshire Strafford.Argued April 4, 1961. Decided May 31, 1961. 1. The power of the Superior Court to award custody of minor children and to make provision for the support of the wife and children is wholly statutory and that court […]

320 A.2d 645 JOY I. KENT v. ROBERT L. KENT No. 6792Supreme Court of New Hampshire Coos Decided May 31, 1974 1. Value of the defendant’s property awarded to the plaintiff as part of a divorce decree was not excessive in light of a record revealing that the plaintiff expended her entire salary and various […]

821 A.2d 997 THE STATE OF NEW HAMPSHIRE v. JOHN DENONCOURT No. 2001-559Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued January 14, 2003 Opinion Issued April 11, 2003 1. Search and Seizure — Warrant Requirement; Exceptions — CommunityCaretaking Where defendant was the only person in the car stopped by the police and left it unoccupied […]

834 A.2d 297 WILLIAM BERLINER v. CRAIG CLUKAY d/b/a TREELINE TIMBER Argued: May 7, 2003 No. 2002-481Supreme Court of New Hampshire Grafton Opinion Issued September 30, 2003 Aten Clayton Eaton PLLC, of Littleton (Gregory S. Clayton on the brief and orally), for the plaintiff. Getman, Stacey, Tamposi, Schulthess Steere, P.A., of Bedford (Edwinna C. Vanderzanden […]

63 A.2d 245 NELLIE A. WIGGIN v. GRACE M. PEACOCK a. No. 3787.Supreme Court of New Hampshire Rockingham. Decided January 5, 1949. Equity will enforce a forfeiture where it is equitable to do so and where the plaintiff seeks to enforce no right legal or equitable for the purposes of injustice or oppression. In a […]

834 A.2d 360 RACHEL GODBOUT, EXECUTRIX OF THE ESTATE OF ROGER GODBOUT v. LLOYD’S INSURANCE SYNDICATES MESSRS. MENDES AND MOUNT. No. 2003-077.Supreme Court of New Hampshire CoosArgued: July 10, 2003. Opinion Issued: October 2, 2003. 1. Insurance — Policies — Formation It is not necessary to examine the parties’ reasonable expectations of coverage when a […]

575 A.2d 1320 THE STATE OF NEW HAMPSHIRE v. JOHN COX No. 89-158Supreme Court of New Hampshire Hillsborough Decided May 24, 1990 1. Sexual Assault — Rape Shield Law — Howard Hearing The requirement of due process and the right of confrontation limit the application of the rape shield law when evidence of the victim’s […]

677 A.2d 696 WILLIAM J. AND LORETTA FOTHERGILL v. SEABREEZE CONDOMINIUMS AT HAMPTON ASSOCIATION No. 94-843Supreme Court of New Hampshire Rockingham Decided June 6, 1996 1. Judgments — Summary Judgment — Practice and Procedure RSA 491:8-a, governing summary judgment motions, appears to allow the use of a summary judgment motion as a vehicle for raising […]

155 A.2d 808 CARLING BREWING COMPANY v. NEW HAMPSHIRE STATE LIQUOR COMMISSION a. No. 4756.Supreme Court of New Hampshire Merrimack.Argued October 6, 1959. Decided November 24, 1959. 1. The reduction by a manufacturer of malt beverages in the territory in which a wholesaler might sell such manufacturer’s beverages for the reason that the wholesaler was […]