44 A. 76 BURNS v. BURNS. Supreme Court of New Hampshire Merrimack. Decided June, 1894. Admissible evidence, which was found insufficient to prove the commission adultery on a certain day, is not thereby rendered incompetent in the trial of a subsequent libel for divorce to prove the offence on another day. A decree in a […]
Category: New Hampshire Court Opinions
WINKLER v. QUACKENBUSH, 118 N.H. 539 (1978)
388 A.2d 1262 GEORGE R. WINKLER v. MARJORIE L. QUACKENBUSH, EXECUTRIX No. 78-096Supreme Court of New Hampshire Hillsborough Decided July 18, 1978 1. Divorce — Decree — Judgment Day Superior Court Rule 74 providing that divorce decrees become effective on judgment day unless a bill of exceptions or proposed reserved case is filed before such […]
THIBEAULT v. CAMPBELL, 136 N.H. 698 (1993)
622 A.2d 212 ROBERT THIBEAULT AND SUZANNE THIBEAULT, CO-ADMINISTRATORS OF THE ESTATE OF PENNY S. THIBEAULT v. MARK CAMPBELL ROBERT THIBEAULT AND SUZANNE THIBEAULT, CO-ADMINISTRATORS OF THE ESTATE OF PENNY S. THIBEAULT v. PATTI PERNA PATTI PERNA v. MARK CAMPBELL MARK CAMPBELL v. PATTI PERNA No. 91-510Supreme Court of New Hampshire Hillsborough Decided March 5, […]
FRENCH v. LAWRENCE, 75 N.H. 609 (1910)
78 A. 278 FRENCH, Adm’r, a. v. LAWRENCE a. Supreme Court of New Hampshire Hillsborough. Decided November 1, 1910. PETITION, for a construction of the will of Gideon Hardy, which was proved June 24, 1884. Transferred without ruling from the May term, 1910, of the superior court by Plummer, J. The defendants were duly served, […]
STATE v. SEELEY, 116 N.H. 831 (1976)
368 A.2d 1171 STATE OF NEW HAMPSHIRE v. JAMES J. SEELEY No. 7487Supreme Court of New Hampshire Rockingham Decided December 30, 1976 1. At the time the officer arrested the defendant, the officer had ample information he had obtained personally and from other officers to constitute probable cause to make the arrest, so that the […]
DUBE v. ROCHETTE, 110 N.H. 129 (1970)
262 A.2d 288 ROGER DUBE v. ROMEO ROCHETTE No. 5864Supreme Court of New Hampshire Hillsborough Decided February 27, 1970 1. In an action for recovery of damages for alienation of affections, the plaintiff has the burden of proving that the defendant’s conduct was the controlling, if not the sole, cause of the loss of affections, […]
LIOUZIS v. CORLISS, 94 N.H. 377 (1947)
54 A.2d 365 STEPHEN LIOUZIS v. CARL D. CORLISS. PAULINE LIOUZIS v. SAME. No. 3659.Supreme Court of New Hampshire Merrimack. Decided July 2, 1947. A covenant not to sue one of the parties concurrently liable for an injury does not bar a subsequent action against the other for the same injury. Although a witness’ testimony […]
MURPHY v. HILL, 69 N.H. 665 (1897)
44 A. 1099 MURPHY v. HILL a. Supreme Court of New Hampshire Merrimack. Decided June, 1897. Notice having been given Eaton, after the announcement of the previous opinion in this case at the June term, 1896 (68 N.H. 544), he appeared at the trial term, April, 1897, and assented to the facts previously reported, but […]
BLUE MOUNTAIN FOREST ASS’N v. TOWN OF CROYDON, 117 N.H. 365 (1977)
373 A.2d 1313 BLUE MOUNTAIN FOREST ASSOCIATION v. TOWN OF CROYDON AND TOWN OF PLAINFIELD BLUE MOUNTAIN FOREST ASSOCIATION v. TOWN OF CROYDON, TOWN OF CORNISH, TOWN OF PLAINFIELD BLUE MOUNTAIN FOREST ASSOCIATION v. TOWN OF CORNISH AND TOWN OF PLAINFIELD No. 7305 No. 7463 No. 7576Supreme Court of New Hampshire Sullivan Decided May 6, […]
ROWELL v. SANBORN, 76 N.H. 520 (1912)
85 A. 665 ROWELL, Adm’r, v. SANBORN, Adm’x. Supreme Court of New Hampshire Rockingham. Decided December 3, 1912. Where one member of an association has taken adverse possession of the common property, an action for an accounting brought by a fellow-member is barred by the statute of limitations unless begun within six years from the […]
H.J.H. INC. v. STATE TAX COMMISSION, 108 N.H. 203 (1967)
230 A.2d 739 H.J.H., INC. v. STATE TAX COMMISSION. No. 5631.Supreme Court of New Hampshire Hillsborough.Argued June 7, 1967. Decided June 30, 1967. 1. The failure of nonresident corporate property owners to file an inventory of their corporate property in this state for the taxable year as required by RSA 74:7, 8 was held not […]
PERRY v. COMPANY, 101 N.H. 97 (1957)
134 A.2d 65 RICHARD H. PERRY v. CHAMPLAIN OIL CO., INC. No. 4548.Supreme Court of New Hampshire Sullivan.Argued May 7, 1957. Decided July 9, 1957. 1. The plaintiff lessor was held not entitled to rescission of a lease of a gasoline filling station to the defendant distributor as a matter of law under the doctrine […]
STATE v. CHAISSON, 126 N.H. 323 (1985)
493 A.2d 1114 THE STATE OF NEW HAMPSHIRE v. CAROL CHAISSON No. 83-269Supreme Court of New Hampshire Merrimack Decided April 5, 1985 1. Constitutional Law — Right To Be Informed of Nature and Cause of Accusation No one is answerable to a crime unless the offense is fully and plainly describe to him or her. […]
STATE v. JOHNSON, 134 N.H. 570 (1991)
595 A.2d 498 THE STATE OF NEW HAMPSHIRE v. KENNETH JOHNSON a. No. 91-017Supreme Court of New Hampshire Hillsborough Decided July 31, 1991 1. Statutes — Construction and Application — Prospective Operation As a general rule, statutes only apply prospectively; where substantive rights are affected, there is a presumption against retroactive application, but where only […]
FORTUNA v. ZONING BOARD OF MANCHESTER, 95 N.H. 211 (1948)
60 A.2d 133 ELIZABETH FORTUNA v. ZONING BOARD OF ADJUSTMENT OF MANCHESTER, AND MANCHESTER BUICK COMPANY. No. 3749.Supreme Court of New Hampshire Hillsborough. Decided July 6, 1948. Where a zoning ordinance gives to the board of adjustment power to permit the enlargement or alteration for a non-conforming use of a building existing at the time […]
DUCLOS v. DUCLOS, 134 N.H. 42 (1991)
587 A.2d 612 MARCEL A. DUCLOS v. ELAINE M. DUCLOS No. 90-138Supreme Court of New Hampshire Merrimack Decided March 13, 1991 1. Divorce — Hearing — Notice of Hearing Purpose of notice required by Superior Court Rule 159-B, which requires that where parties to divorce continue or resume cohabitation after filing of petition, uncontested divorce […]
TAMELLEO v. JOCKEY CLUB, 102 N.H. 547 (1960)
163 A.2d 10 CARMINE TAMELLEO[,] DANNY RAIMONDI v. NEW HAMPSHIRE JOCKEY CLUB, INC. d/b/a ROCKINGHAM PARK, AND VINCENT MURPHY. No. 4814.Supreme Court of New Hampshire Merrimack.Argued June 7, 1960. Decided July 19, 1960. 1. The operation of a pari-mutuel race track by license and regulation of the State is a private enterprise and the admission […]
COUTREMARSH v. METCALF, 87 N.H. 127 (1934)
175 A. 173 JOSEPH A. COUTREMARSH v. HARRY B. METCALF a. Supreme Court of New Hampshire Original. Decided October 1, 1934. It is within the power of the legislature to declare an act criminal irrespective of the intent of the doer of the act, but the question whether criminal intent is a necessary element of […]
OPINION OF THE JUSTICES, 117 N.H. 300 (1977)
371 A.2d 1189 OPINION OF THE JUSTICES No. 7728Supreme Court of New Hampshire Request of House of Representatives Decided March 31, 1977 1. Highways — Funds — Legitimate Use of The appropriation and use of revenues from the highway trust fund for the purpose of funding the operation of the detective bureau of the division […]
STATE v. NADEAU, 81 N.H. 183 (1923)
123 A. 236 STATE v. OCTAVE NADEAU. Supreme Court of New Hampshire Sullivan. Decided December 4, 1923. Under Laws 1919, c. 99, s. 6, a motor vehicle used in the transportation and possession of liquors prohibited by Laws 1919, c. 99, s. 4, is not forfeitable as “paraphernalia used in such illegal keeping.” LIBEL, for […]
IN RE ALEX C., 161 N.H. 231 (2010)
13 A.3d 347 IN RE ALEX C. No. 2009-399.Supreme Court of New Hampshire. Jaffrey-Peterborough District CourtArgued: April 22, 2010. Opinion Issued: November 30, 2010. 1. Telecommunications — Generally — Definitions Instant messaging is an application providing for online conversation between individuals by way of their computers and the internet Individuals may participate in the instant […]
DOBSON v. STAPLES, 123 N.H. 102 (1983)
456 A.2d 972 DOROTHY H. DOBSON v. GEORGE STAPLES No. 81-260Supreme Court of New Hampshire Rockingham Decided February 18, 1983 1. Appeal and Error — Findings — Master’s Findings Supreme court review of master’s findings is limited to whether he erred as a matter of law or abused his discretion. 2. Damages — Evidence — […]
APPEAL OF MILLER, 122 N.H. 993 (1982)
453 A.2d 1269 APPEAL OF BRYON MILLER (New Hampshire Department of Employment Security) No. 82-086Supreme Court of New Hampshire Department of Employment Security Decided December 8, 1982 1. Unemployment Compensation — Nature and Purpose — Generally An unemployment compensation system is predicated upon benefits being paid to those who become unemployed through no fault of […]
DAVIS v. SAWYER, 66 N.H. 34 (1889)
20 A. 100 DAVIS v. SAWYER. Supreme Court of New Hampshire Merrimack. Decided December, 1889. Records and returns may be amended, upon parol evidence, to conform to the truth of the fact. The statute requiring tax-collectors to send to known owners of non-resident property a bill of their taxes is mandatory; and a sale of […]
BASCOM CONSTRUCTION v. CITY BANK AND TR., 137 N.H. 472 (1993)
629 A.2d 797 BASCOM CONSTRUCTION, INC. v. CITY BANK AND TRUST No. 88-281Supreme Court of New Hampshire Sullivan Decided July 30, 1993 1. Mortgages — Foreclosure — Foreclosure Sales Mortgagee at foreclosure sale owes mortgagor a fiduciary duty of good faith and due diligence, which requires mortgagee to take all reasonable and necessary steps under […]
FOLSOM v. GOODWIN, 90 N.H. 467 (1940)
10 A.2d 666 MARY P. FOLSOM, Adm’x v. EVA GOODWIN AND CHARLES D. BARNARD, Adm’r. SAME v. LEON C. GOODWIN. No. 3119.Supreme Court of New Hampshire Hillsborough. Decided January 2, 1940. The liability of a landlord to his tenant’s invitee for injuries received from a defective condition of the premises is governed by the same […]
STATE v. SLOCINSKI, 89 N.H. 262 (1938)
197 A. 560 STATE v. ROMAN W. SLOCINSKI. Supreme Court of New Hampshire Hillsborough. Decided February 1, 1938. In the trial of an indictment for arson, wherein the State claimed that the respondent set fire to church property to obtain the insurance money, evidence that the day before the fire he made a payment towards […]
BRIGGS v. WISWELL, 56 N.H. 319 (1876)
BRIGGS v. WISWELL. Supreme Court of New Hampshire FROM STRAFFORD CIRCUIT COURT. Decided March 20, 1876. Replevin — Filing new bond. The court, upon a proper case being made, may permit the plaintiff to file a new or additional bond, so that the security may be double the actual value of the property replevied. The […]
STATE v. BISSONNETTE, 138 N.H. 82 (1993)
635 A.2d 468 THE STATE OF NEW HAMPSHIRE v. PAUL BISSONNETTE No. 92-631Supreme Court of New Hampshire Belknap Decided December 17, 1993 1. Appeal and Error — Evidence — Burden of Proof In appeal challenging sufficiency of evidence, defendant carries burden of proving that no rational trier of fact, viewing the evidence most favorable to […]
ROCHESTER v. BARCOMB, 103 N.H. 247 (1961)
169 A.2d 281 ROCHESTER v. ALBERT E. BARCOMB a. No. 4912.Supreme Court of New Hampshire Strafford.Argued March 7, 1961. Decided April 4, 1961. 1. The act of a municipality in establishing the boundary between the residential and business zones of the city was not arbitrary or unreasonable for the reason that it preserved a certain […]
MORRILL v. RAILROAD, 58 N.H. 68 (1877)
MORRILL a. v. BOSTON MAINE RAILROAD a. Supreme Court of New Hampshire Rockingham. Decided March, 1877. Upon a bill in equity for an injunction, authorized by Laws of 1867, c. 8, to restrain directory of railroads from “pooling” certain earnings of the roads, it is not necessary to prove the election of the directors by […]
MORAN v. DUMAS, 91 N.H. 336 (1941)
18 A.2d 763 ANN MORAN v. MAURICE H. DUMAS. No. 3229.Supreme Court of New Hampshire Hillsborough. Decided March 4, 1941. A green traffic light permits travel to proceed but it does not guarantee safety, or dispense with all need of observation. Compliance with a traffic officer’s directions is not a complete release from the duty […]
BIXBY v. WHITCOMB, 69 N.H. 646 (1899)
46 A. 1049 BIXBY v. WHITCOMB a., BABCOCK, Tr. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. One performing labor or furnishing materials, by virtue of a contract with an agent, contractor, or sub-contractor, acquires no lien under P.S., c. 141, s. 13, prior to giving notice to the owner of an intention to […]
HOLMES v. STATE, 109 N.H. 319 (1969)
251 A.2d 320 ROBERT HOLMES a. v. STATE. No. 5786.Supreme Court of New Hampshire Merrimack.Argued February 4, 1969. Decided March 20, 1969. 1. The valuation placed upon real estate, in a probate inventory of the estate of a decedent, by one who had not seen the property and was unfamiliar with market values in the […]
FOSTER v. HARGATE, 76 N.H. 425 (1912)
83 A. 512 FOSTER, Trustee v. HARGATE a. Supreme Court of New Hampshire Merrimack. Decided May 7, 1912. Where a will provides that the executor shall deduct the usual and ordinary expenses of administration before the residuum of the estate vests in a trustee, and that after the decease of beneficiaries for life the trust […]
STATE v. TRAHAN, 129 N.H. 377 (1987)
529 A.2d 886 THE STATE OF NEW HAMPSHIRE v. KEVIN TRAHAN No. 86-192Supreme Court of New Hampshire Strafford Decided June 3, 1987 Evidence — Identity of Persons — Particular Cases Where the only issue at trial of defendant as an habitual offender was whether the defendant was the same individual whose record of conviction was […]
LANE v. MOORE, 59 N.H. 80 (1879)
LANE a. v. MOORE. Supreme Court of New Hampshire Merrimack. Decided June, 1879. A bankrupt defendant may be allowed to defend a suit when the assignee refuses to assume the control of the defendant’s interest in it. ASSUMPSIT, for materials furnished to build a livery stable. Attachment to secure statute lien. At the return term […]
PATTEN v. PATTEN, 79 N.H. 388 (1920)
109 A. 415 RUSSELL F. PATTEN v. LAMBERT D. PATTEN. Supreme Court of New Hampshire Sullivan. Decided March 2, 1920. A special appearance for the purpose of objecting to the want of jurisdiction over the defendant must be limited to that purpose; and if any other question is argued by him his objection is waived […]
DYER v. HERB PROUT CO., 126 N.H. 763 (1985)
498 A.2d 715 MARY ANN DYER a. v. HERB PROUT COMPANY, INC. No. 84-189Supreme Court of New Hampshire Rockingham Decided July 24, 1985 Negligence — Defenses — Jury Instructions It is reversible error for a trial judge to give to a jury a “pure accident” or “unavoidable accident” instruction. Law Offices of James J. Kalled, […]
TREADWELL v. WILLIAMS, 74 N.H. 311 (1907)
67 A. 947 TREADWELL a. v. WILLIAMS. Supreme Court of New Hampshire Rockingham. Decided October 1, 1907. Where a will directs trustees to divide the income of the estate among the testator’s children, and gives the entire property to the last surviving child absolutely and in fee simple, the trust terminates and the estate vests […]
BERNIER BROTHERS v. BIRON, 109 N.H. 555 (1969)
258 A.2d 339 BERNIER BROTHERS v. ERNEST BIRON. No. 5850.Supreme Court of New Hampshire Merrimack.Argued June 3, 1969. Decided October 31, 1969. 1. By virtue of a contract between a contractor and the State for the clearing of land taken for highway construction under which trees suitable for fuel or pulp were to be cut […]
LITTLE v. RAILROAD, 72 N.H. 502 (1904)
57 A. 920 LITTLE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided April 5, 1904. In an action for injuries sustained by a highway traveler through collision with an electric car, a motion for a nonsuit is properly denied if the evidence warrants a finding that the accident resulted from the motorman’s […]
STATE v. GLODGETT, 144 N.H. 687 (2000)
749 A.2d 283 THE STATE OF NEW HAMPSHIRE v. RODNEY GLODGETT No. 98-221Supreme Court of New Hampshire Merrimack Decided March 16, 2000 1. Evidence — Other Bad Acts — Admissibility Under New Hampshire Rule of Evidence 404 (b), evidence of “other bad acts” is inadmissible unless it is relevant for a purpose other than to […]
FORTIN v. MANCHESTER HOUSING AUTH., 133 N.H. 154 (1990)
574 A.2d 945 CECILE E. FORTIN v. MANCHESTER HOUSING AUTHORITY No. 89-190Supreme Court of New Hampshire Hillsborough Decided May 4, 1990 1. Costs — Discretion of Court Generally, costs are awarded to prevailing party, subject to discretion of trial court. 2. Eminent Domain — Trial — Costs Costs are awarded to the prevailing party in […]
TAYLOR v. NUTTING, 133 N.H. 451 (1990)
578 A.2d 347 SHEILA TAYLOR, ADMINISTRATRIX OF THE ESTATE OF JAMES A. TAYLOR v. FRANK A. NUTTING, JR. No. 89-233Supreme Court of New Hampshire Hillsborough Decided July 27, 1990 1. Courts — Decisions — Law of the Case Where an appellate court states a rule of law, it is termed the “law of the case” […]
PHILBRICK v. SHAW, 61 N.H. 356 (1881)
PHILBRICK a. v. SHAW. Supreme Court of New Hampshire Merrimack. Decided December, 1881. The right of subrogation does not rest upon contract or privity, but upon principles of natural justice and equity. A bond of indemnity to an officer is for the protection of his sureties as well as himself. When the sureties of a […]
MARSTON v. ANDLER, 80 N.H. 564 (1923)
122 A. 329 CLARIBEL E. MARSTON v. KOLMAN ANDLER. Supreme Court of New Hampshire Rockingham. Decided March 6, 1923. A landlord is not liable for an injury to his tenant from defective premises unless there is such a concealment of defects not open to ordinary observation as amounts to fraud or deceit. CASE, for negligence. […]
ABBOT v. KIMBALL, 68 N.H. 303 (1895)
38 A. 1051 ABBOT v. KIMBALL. Supreme Court of New Hampshire Merrimack. Decided June, 1895. Under Laws 1895, c. 93, an officer may attach “all the shares” of a non-resident stockholder in a corporation within this state, by leaving an attested copy of the writ and of his return thereon with a director of the […]
SEABROOK POLICE ASSOC. v. TOWN OF SEABROOK, 138 N.H. 177 (1993)
635 A.2d 1371 SEABROOK POLICE ASSOCIATION v. TOWN OF SEABROOK No. 92-186Supreme Court of New Hampshire Rockingham Decided December 30, 1993 Police — Generally — Residency Requirements Home rule charter requirement that members of the Seabrook police force live within the borders of the town does not unduly or unreasonably restrict the officers’ fundamental right […]
IN RE BRITTANY L., 144 N.H. 139 (1999)
737 A.2d 670 IN RE BRITTANY L. No. 97-515Supreme Court of New Hampshire Hillsborough County Probate Court Decided August 30, 1999 1. Appeal and Error — Preservation of Questions — Particular Cases On appeal from termination of his parental rights, father waived procedural due process issue concerning telephone procedure used to allow his testimony at […]
STATE v. BOUTIN, 161 N.H. 139 (2010)
13 A.3d 334 THE STATE OF NEW HAMPSHIRE v. JOSHUA A. BOUTIN. No. 2008-813.Supreme Court of New Hampshire. Grafton.Argued: October 21, 2010. Opinion Issued: November 24, 2010. 1. Search and Seizure — Warrant Requirement; Exceptions — Burden of Proof The New Hampshire Constitution provides that every citizen has a right to be secure from all […]
RICHARDS v. RICHARDS, 125 N.H. 331 (1984)
480 A.2d 155 VALERIE RICHARDS v. ROBERT RICHARDS No. 84-091Supreme Court of New Hampshire Hillsborough Decided July 31, 1984 1. Divorce — Custody and Support of Children — Change in Circumstances The relationship established by a custody award should not be disturbed unless the moving party demonstrates that the circumstances affecting the welfare of the […]
PUBLIC SERVICE CO. v. CHANCEY, 94 N.H. 259 (1947)
51 A.2d 845 PUBLIC SERVICE CO. OF NEW HAMPSHIRE v. FREDERICK CHANCEY. No. 3600.Supreme Court of New Hampshire Hillsborough. Decided March 4, 1947. In an action for negligence, an argument of defendant’s counsel based upon the premise that a record of defendant’s conviction would have been “perfectly admissible” in evidence if plaintiff chose to offer […]
DEMETRACOPOULOS v. STRAFFORD GUIDANCE CTR., 130 N.H. 209 (1987)
536 A.2d 189 ANTHONY DEMETRACOPOULOS v. STRAFFORD GUIDANCE CENTER No. 86-409Supreme Court of New Hampshire Strafford Decided December 31, 1987 1. Contracts — Reformation — Grounds for Granting Contract reformation generally requires proof of clear and convincing evidence of: (1) an actual agreement between the parties; (2) an agreement to put the agreement in writing; […]
STATE v. SCHONARTH, 152 N.H. 560 (2005)
THE STATE OF NEW HAMPSHIRE v. VINCENT SCHONARTH. No. 2003-622.Supreme Court of New Hampshire Carroll.Argued: February 17, 2005. Opinion Issued: September 2, 2005. 1. Indictment and Information — Joinder — Generally A defendant has an absolute right to severance of unrelated offenses; unrelated offenses are those that are not related. 2. Indictment and Information — […]
STATE v. HARVEY, 108 N.H. 139 (1967)
229 A.2d 176 STATE v. ARTHUR J. HARVEY. No. 5577.Supreme Court of New Hampshire Strafford.Argued March 8, 1967. Decided April 28, 1967. 1. The statute (RSA 286:2) providing that no parade or procession upon any public street or way should be permitted unless a special license shall first be obtained from the selectmen of the […]
D’AMBROSIO v. RAILROAD, 81 N.H. 119 (1923)
124 A. 551 PASQUALE D’AMBROSIO v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided October 2, 1923. The test to determine whether an employee when injured was acting within the scope of his employment is not whether he was expressly told to do the act in question but whether the employer ought to […]
BANK v. FISKE, 60 N.H. 363 (1880)
CONNECTICUT RIVER SAVINGS-BANK v. FISKE a. Supreme Court of New Hampshire Sullivan. Decided December, 1880. A bill in chancery against the stockholders of a corporation, under Gen. St., c. 136, s. 1, is not multifarious, because creditors are joined as plaintiffs who do not appear to prosecute the suit. When a demand for payment of […]
EIDA v. STODDARD, 111 N.H. 123 (1971)
276 A.2d 12 JACOB EIDA v. AMY W. STODDARD. No. 6174.Supreme Court of New Hampshire Hillsborough. Decided April 5, 1971. 1. The defendant was bound by a decree to which her attorney had assented while acting within the scope of his authority in her behalf at a hearing to establish the permanent boundary between the […]
CONCORD IRON METAL CO. v. COUCH, 75 N.H. 593 (1909)
73 A. 301 CONCORD IRON METAL CO. v. COUCH, Trustee, a. Supreme Court of New Hampshire Hillsborough. Decided June 1, 1909. REPLEVIN, against a trustee in bankruptcy. Transferred from the September term, 1908, of the superior court by Wallace, C.J. Martin Howe, for the plaintiffs. Albin Sawyer and Edward G. Leach, for the defendants. PER […]
STATE v. NICKERSON, 120 N.H. 821 (1980)
424 A.2d 190 THE STATE OF NEW HAMPSHIRE v. DAVID NICKERSON a. No. 80-058Supreme Court of New Hampshire Rockingham Decided December 17, 1980 1. Constitutional Law — Freedom of Speech and Press — Disorderly Conduct Laws Criminal code provision that “a person is guilty of disorderly conduct if he refuses to comply with a lawful […]
PATTEN v. CILLEY, 67 N.H. 520 (1893)
42 A. 47 PATTEN v. CILLEY, Ap’t. Supreme Court of New Hampshire Merrimack. Decided December, 1893. A decision of the federal court dismissing a petition for the removal of a case will not be reviewed in this court. Upon an appeal from the probate of a will, the executor has the right to open and […]
GOSSELIN v. NASHUA, 114 N.H. 447 (1974)
321 A.2d 593 ALBERT GOSSELIN a. v. CITY OF NASHUA a. No. 6887Supreme Court of New Hampshire Hillsborough Decided June 28, 1974 1. An existing zoning classification of property in itself confers no vested right in an owner of property in the class, for all property is held in subordination to the police power of […]
FRANKLIN v. CALLUM, 148 N.H. 199 (2002)
804 A.2d 444 PETER FRANKLIN v. DENISE CALLUM, PROJECT DIRECTOR, NH/VT SOLID WASTE PROJECT No. 99-294Supreme Court of New Hampshire SullivanArgued May 14, 2002 Opinion Issued August 14, 2002 1. Associations — Membership — Rights and Liabilities When an unincorporated association has no legal status independent of its members, has operations related directly to the […]
HAYES v. HAYES, 66 N.H. 134 (1889)
19 A. 571 HAYES v. HAYES. Supreme Court of New Hampshire Hillsborough. Decided December, 1889. In winding up the affairs of a copartnership, each partner must be reimbursed for his contributions to the capital stock before anything can be divided as surplus profits. BILL IN EQUITY, in which the plaintiff prays for a receiver, that […]
APPEAL OF HOPKINTON SCH. DIST., 151 N.H. 478 (2004)
862 A.2d 45 APPEAL OF HOPKINTON SCHOOL DISTRICT (New Hampshire State Board of Education). No. 2003-667.Supreme Court of New Hampshire State Board of Education.Argued: September 9, 2004. Opinion Issued: November 18, 2004. 1. Schools — Teachers — Contract of Employment A school board may conduct a non-renewal hearing, absent a showing of actual bias or […]
DORCHESTER v. YOUNGMAN, 60 N.H. 385 (1880)
DORCHESTER v. YOUNGMAN. Supreme Court of New Hampshire Grafton. Decided December, 1880. A citizen’s pecuniary interest in a question of town affairs does not disqualify him from voting upon it. ASSUMPSIT. This is one of seven suits at law, brought by the plaintiffs, to recover money alleged to have been wrongfully paid. The defendant produced […]
PETROSKI v. MULVANITY, 78 N.H. 252 (1916)
99 A. 88 MELVINA PETROSKI, by her next friend, WILLIAM PETROSKI v. ALBERT MULVANITY a. Supreme Court of New Hampshire Hillsborough. Decided October 3, 1916. An action of tort for negligent non-feasance cannot be maintained if there is no duty to act imposed by law; nor for the mere non-feasance of a duty imposed by […]
EDDY PLAZA ASSOC’S v. CITY OF CONCORD, 122 N.H. 416 (1982)
445 A.2d 1106 EDDY PLAZA ASSOCIATES v. CITY OF CONCORD a. No. 81-360Supreme Court of New Hampshire Merrimack Decided May 12, 1982 1. Municipal Corporations — Police Power and Regulations — Zoning The State has the police power, which it may delegate to its municipalities by enabling legislation, to regulate the subdivision and development of […]
ORDER (N.H. 11-15-2005)
ORDER Supreme Court of New Hampshire November 15, 2005 Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves a technical amendment to the title of the Family Division Pilot Project Rules as set forth in Appendix A; an amendment to Family […]
BEDFORD v. LYNCH, 113 N.H. 364 (1973)
308 A.2d 522 TOWN OF BEDFORD v. ALBERT W. LYNCH a. No. 6140Supreme Court of New Hampshire Hillsborough Decided July 24, 1973 1. Convenience and discretion, not rigid rules, and a pressing public interest or an avoidance of future litigation may justify a decision upon the merits of a case theft could be regarded as […]
DIONNE COMPANY v. MASSON, 107 N.H. 110 (1966)
218 A.2d 60 A. E. DIONNE, INC. v. GEORGE A. MASSON. No. 5410.Supreme Court of New Hampshire Hillsborough.Submitted December 8, 1965. Decided March 30, 1966. 1. In an action to recover for services performed in drilling a well under a contract which provided that the “well shall be drilled at a point designated by the […]
TETREAULT v. GOULD, 83 N.H. 99 (1927)
138 A. 544 JOSEPHINE V. TETREAULT v. FREDERICK G. GOULD. Supreme Court of New Hampshire Hillsborough. Decided June 23, 1927. The doctrine of “the last clear chance” applies only where the injured party is not in the exercise of ordinary care and hence in an action by a passenger in a motor vehicle against the […]
CUTTER v. TOWN OF FARMINGTON, 126 N.H. 836 (1985)
498 A.2d 316 CARROLL E. CUTTER v. TOWN OF FARMINGTON No. 84-435Supreme Court of New Hampshire Strafford Decided July 26, 1985 1. Judgments — Judgment Notwithstanding the Verdict — Tests A party is entitled to a judgment notwithstanding the verdict only when his case is established by the sole reasonable inference from undisputed facts. 2. […]
PROVIDENCE MUT. FIRE INS. CO. v. SCANLON, 138 N.H. 301 (1994)
638 A.2d 1246 PROVIDENCE MUTUAL FIRE INSURANCE COMPANY v. JOHN SCANLON, GUARDIAN OF JEFFREY SCANLON a. No. 92-527Supreme Court of New Hampshire Hillsborough-northern judicial district Decided March 18, 1994 1. Common Law — Application of Stare Decisis Stare decisis is essential if case-by-case judicial decision-making is to be reconciled with principle of rule of law, […]
WINDHAM ESTATES ASS’N v. STATE, 117 N.H. 419 (1977)
374 A.2d 645 WINDHAM ESTATES ASSOCIATION v. THE STATE OF NEW HAMPSHIRE a. No. 7461Supreme Court of New Hampshire Public Utilities Commission Decided May 31, 1977 1. Public Utilities — Rate Increases — Determination Funds contributed in aid of construction, supplied by consumers, must be deducted from rate base in determining rate of return public […]
STATE v. FRANCOEUR, 122 N.H. 386 (1982)
445 A.2d 1095 THE STATE OF NEW HAMPSHIRE v. PHILIP A. FRANCOEUR No. 81-132Supreme Court of New Hampshire Hillsborough Decided May 12, 1982 1. Controlled Substances — Possession of Narcotics — Proof Required In order to prove possession of a controlled drug, the State must prove beyond a reasonable doubt that a defendant: (1) had […]
DAVIS v. RUMNEY, 67 N.H. 591 (1891)
38 A. 18 DAVIS, Adm’r, v. RUMNEY. Supreme Court of New Hampshire Grafton. Decided December, 1891. CASE, for injuries to the plaintiff’s intestate upon a highway. Verdict for the plaintiff. The statement of claim filed by the plaintiff represented that the deceased and his horse and carriage Page 592 were thrown “over and down a […]
STATE v. WHITTAKER, 158 N.H. 762 (2009)
THE STATE OF NEW HAMPSHIRE v. KEVIN C. WHITTAKER. Nos. 2006-305, 2008-312.Supreme Court of New Hampshire. Strafford.Argued: April 16, 2009. Opinion Issued: June 3, 2009. 1. Criminal Law — Right to Effective Counsel — Generally The State and Federal Constitutions guarantee a criminal defendant reasonably competent assistance of counsel. To prevail upon a claim for […]
STATE v. PERRA, 127 N.H. 533 (1985)
503 A.2d 814 THE STATE OF NEW HAMPSHIRE v. SCOTT PERRA THE STATE OF NEW HAMPSHIRE v. STUART V. CURRIER No. 84-004 No. 85-197Supreme Court of New Hampshire Sullivan Grafton Decided December 31, 1985 1. Statutes — Repeal — Implied Repeal Repeal of a statute may arise by necessary implication from the enactment of a […]
FIRST FED. SAVINGS LOAN ASS’N. v. LeCLAIR, 109 N.H. 339 (1969)
253 A.2d 46 FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BOSTON v. GEORGE A. LeCLAIR. a. No. 5812.Supreme Court of New Hampshire Merrimack.Argued March 4, 1969. Decided April 30, 1969. 1. The requirements of the statute (RSA 399-B:2) that one who extends credit furnish, concurrently with the credit transaction, a clear statement setting forth the […]
IN THE MATTER OF CANAWAY CANAWAY, 161 N.H. 286 (2010)
13 A.3d 320 IN THE MATTER OF KENNETH R. CANAWAY AND MARY N. CANAWAY. No. 2009-918.Supreme Court of New Hampshire. Laconia Family DivisionArgued: September 16, 2010. Opinion Issued: December 7, 2010. 1. Divorce — Modification of Final Orders — Alimony The party requesting an alimony modification must show that a substantial change in circumstances has […]
STATE v. SPRAGUE, 127 N.H. 97 (1985)
497 A.2d 1212 THE STATE OF NEW HAMPSHIRE v. DEAN SPRAGUE No. 83-479Supreme Court of New Hampshire Rockingham Decided August 15, 1985 1. Arrest — Illegal — Effect If a defendant is arrested in violation of his fourth amendment rights, then any evidence obtained pursuant to that arrest is inadmissible at his trial. 2. Arrest […]
STATE v. CUTTER, 121 N.H. 519 (1981)
430 A.2d 1135 THE STATE OF NEW HAMPSHIRE v. LIONEL CUTTER No. 80-327Supreme Court of New Hampshire Cheshire Decided June 12, 1981 1. Criminal Law — Sentence — Length The same sentence does not have to be given to all persons convicted of the same crime. 2. Criminal Law — State’s Duties — Grants of […]
STATE v. HALL, 74 N.H. 61 (1906)
64 A. 1102 STATE v. HALL. Supreme Court of New Hampshire Grafton. Decided November 7, 1906. It is a defence to an indictment for not causing a child to attend school that the schoolhouse is not within reasonable walking distance and no conveyance is provided by the school board. INDICTMENT, for not causing a child […]
SCAHILL v. JABRE, 101 N.H. 263 (1958)
140 A.2d 586 VELMA H. SCAHILL, Adm’x v. S. S. JABRE a. No. 4626.Supreme Court of New Hampshire Strafford.Argued March 4, 1958. Decided April 24, 1958. 1. Motions for nonsuits, in negligence actions to recover for injuries sustained by the plaintiff when struck by defendant’s truck which in turn had been struck by the second […]
RAYMOND v. PUTNAM, 44 N.H. 160 (1862)
RAYMOND v. PUTNAM. Supreme Court of New Hampshire Public Employee Labor Relations Board December, 1862 When the amounts invested by partners in the capital stock of a firm are unequal, and one article in the copartnership agreement provides that all profits and losses shall be shared equally, and another provides that at the close of […]
JANELLE v. DENONCOUR, 68 N.H. 1 (1894)
44 A. 63 JANELLE v. DENONCOUR. Supreme Court of New Hampshire Rockingham. Decided June, 1894. A purchaser of brick who records his bill of sale with the town clerk, obtains permission to leave the property in situ from one not the owner of the premises, and causes the kiln to be covered, does not thereby […]
ABBOTT v. WATSON, 105 N.H. 474 (1964)
202 A.2d 476 ARTHUR R. ABBOTT v. RAYMOND S. WATSON, Ex’r Estate of Elihu W. Hayes. No. 5229.Supreme Court of New Hampshire Strafford.Argued June 2, 1964. Decided July 17, 1964. 1. Where the decedent during his lifetime purchased certain stock listing the certificates in the names of himself and the plaintiff “as joint tenants with […]
MULLINS v. O’BRIEN, 93 N.H. 118 (1944)
36 A.2d 625 TERESA M. MULLINS a. v. TERESA M. O’BRIEN a. No. 3441.Supreme Court of New Hampshire Strafford. Decided March 7, 1944. A person who has conferred a benefit upon another induced thereby by a mistake of law is entitled to restitution thereof if his mistake was caused by reliance upon a fraudulent misrepresentation […]
ROY v. MANCHESTER GAS CO., 108 N.H. 492 (1968)
238 A.2d 599 ARMAND F. ROY v. MANCHESTER GAS COMPANY. No. 5716.Supreme Court of New Hampshire Hillsborough.Argued February 7, 1968. Decided February 29, 1968. 1. Where all rights of the plaintiff injured in the course of his employment had been fully litigated and finally determined, and the plaintiff fully compensated, it was held that he […]
SHELDON v. SANDERSON, 121 N.H. 845 (1981)
435 A.2d 532 HARRY SHELDON v. JOYCE SANDERSON No. 80-495Supreme Court of New Hampshire Strafford Decided October 1, 1981 1. Divorce — Property Settlement — Modification A property settlement is not subject to modification because of changed circumstances, although reformation may be had for mutual mistake. 2. Divorce — Custody and Support of Children — […]
STATE v. SMAGULA, 117 N.H. 663 (1977)
377 A.2d 608 THE STATE OF NEW HAMPSHIRE v. PETER J. SMAGULA III JOHN T. QUINN MICHAEL L. LAWRUK, JR. No. 7502 No. 7511 No. 7683Supreme Court of New Hampshire Hillsborough Decided August 29, 1977 1. Statutes — Construction and Application — Conflict With Constitutional Rights A basic principle of statutory construction is that a […]
PETITION OF CONCORD TEACHERS, 158 N.H. 529 (2009)
PETITION OF CONCORD TEACHERS (New Hampshire Retirement System) No. 2008-325.Supreme Court of New Hampshire. Original.Argued: February 12, 2009. Opinion Issued: April 8, 2009. 1. Public Employees — Retirement System — Generally The New Hampshire Retirement System is a “qualified pension trust” funded by both member and employer contributions, and upon retirement, members of the System […]
STONE v. SLEEPER, 62 N.H. 3 (1882)
STONE v. SLEEPER. Supreme Court of New Hampshire Merrimack. Decided June, 1882. Personal property in the possession of a bailee, under an agreement that it shall be his when paid for, does not become his in violation of the agreement. TROVER. Facts found by a referee. The plaintiff’s goods were in the possession of Pomfret, […]
APPEAL OF CONCORD STEAM CORP., 130 N.H. 422 (1988)
543 A.2d 905 APPEAL OF CONCORD STEAM CORPORATION (New Hampshire Public Utilities Commission) No. 87-075Supreme Court of New Hampshire Public Utilities Commission Decided May 6, 1988 1. Constitutional Law — Due Process — Notice and Hearing Where governmental action would affect a legally protected interest, the due process clause of the New Hampshire Constitution guarantees […]
LEE v. HUSTIS, 79 N.H. 434 (1920)
111 A. 627 WILLIAM A. LEE v. JAMES H. HUSTIS, Receiver. Supreme Court of New Hampshire Merrimack. Decided June 1, 1920. In case for running down the plaintiff’s wagon by the defendant’s electric car, though the plaintiff was driving negligently yet if the defendant’s motorman knew of the danger therefrom in time to have prevented […]
KERZTY v. WARDYMKA, 83 N.H. 477 (1929)
144 A. 263 HELEN KERZTY v. MARY WARDYMKA. Supreme Court of New Hampshire Hillsborough. Decided January 2, 1929. Where an attorney undertakes in argument to discuss the meaning or prompting motives of his own words in evidence, all doubts must be resolved against him; and if he makes an enigmatical statement in argument the test […]
BURROUGHS v. WYNN, 117 N.H. 123 (1977)
370 A.2d 642 LESLIE BURROUGHS AND VERA BURROUGHS RAYMOND v. HILDA WYNN No. 7449Supreme Court of New Hampshire Grafton Decided February 28, 1977 1. Fraud — Evidence Fraud will never be presumed or implied from doubtful circumstances, but must be established by clear and convincing proof. 2. New Trial — Discretion of Trial Court The […]
FUNAI v. METROPOLITAN PROP. CAS. Co., 145 N.H. 642 (2000)
765 A.2d 689 Richard and Cheryl Funai v. Metropolitan Property and Casualty Company. No. 99-190.Supreme Court of New Hampshire Rockingham. Decided December 28, 2000. 1. Insurance — Policies — Construction Although court construes insurance policies in favor of insured when policy is ambiguous, court will not force an ambiguity simply to resolve it against an […]