83 A. 97 PAGE v. PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided April 2, 1912. The question whether prior notice to the property owner is essential to the validity of a tax assessed under section 9, chapter 59, Public Statutes, is not material upon a petition for abatement of the tax. PETITION, for the […]
Category: New Hampshire Court Opinions
MASSACHUSETTS BONDING c. CO. v. BURROWS MOTOR CO., 104 N.H. 417 (1963)
189 A.2d 768 MASSACHUSETTS BONDING INSURANCE COMPANY a. v. BURROWS MOTOR CO., INC. a. No. 5085.Supreme Court of New Hampshire Strafford.Argued January 2, 1963. Decided February 21, 1963. 1. In declaratory judgment proceedings to determine the liability of an insurer on its motor vehicle liability policy insuring vehicles owned by the defendant garage the evidence […]
APPEAL OF BERGERON, 144 N.H. 681 (2000)
749 A.2d 296 APPEAL OF RAYMOND BERGERON (New Hampshire Compensation Appeals Board) No. 97-754Supreme Court of New Hampshire Compensation Appeals Board Decided March 16, 2000 1. Workers’ Compensation — Compensation — Duration An employer has a continuing obligation to provide or to pay for medical, hospital, and remedial care for as long as is required […]
BREW COMPANY v. AUCLAIR TRANSPORTATION CO., 106 N.H. 370 (1965)
211 A.2d 897 RICHARD D. BREW COMPANY, INC. v. AUCLAIR TRANSPORTATION, INC. No. 5300.Supreme Court of New Hampshire Hillsborough.Argued March 3, 1965. Decided July 21, 1965. 1. Where the insurer of goods in transit stipulated that it should be subrogated to the shipper’s right to hold the carrier liable for damage to the goods in […]
SEPPALA AHO CONSTR. CO. v. ELTON, 119 N.H. 634 (1979)
406 A.2d 460 SEPPALA AHO CONSTRUCTION COMPANY FIREMAN’S FUND INSURANCE COMPANY v. MARSHA E. ELTON a. No. 79-071Supreme Court of New Hampshire Hillsborough Decided August 17, 1979 1. Workmen’s Compensation — Attorneys’ Fees — Reasonable Fees Award of entire contingent fee is merely permitted and not required by statute entitling employee who prevails on appeal […]
PARSONS v. PARSONS, 67 N.H. 419 (1892)
29 A. 999 PARSONS, Adm’r, v. PARSONS, Ex’x. Supreme Court of New Hampshire Coos. Decided December, 1892. The statute (P. S., c. 191, s. 27) giving a remedy to a creditor of the estate of a deceased person who has not prosecuted his claim within the time limited by law, was not intended to apply […]
STATE v. CANTARA, 123 N.H. 737 (1983)
465 A.2d 887 THE STATE OF NEW HAMPSHIRE v. GILBERT CANTARA No. 82-346Supreme Court of New Hampshire Merrimack Decided August 31, 1983 1. Evidence — Past Offenses — Admissibility Evidence of prior convictions is admissible to show, inter alia, identity, motive, or the context in which a crime took place, but before admitting a prior […]
QUINLAN v. CITY OF DOVER, 136 N.H. 226 (1992)
614 A.2d 1057 DENNIS QUINLAN a. v. CITY OF DOVER a. No. 91-089Supreme Court of New Hampshire Strafford Decided October 14, 1992 1. Appeal and Error — Standards of Review — Particular Cases City council’s zoning decision will not be set aside, absent any error of law, unless trial court is persuaded by balance of […]
PETITION OF BLAKE, 137 N.H. 43 (1993)
623 A.2d 741 PETITION OF PATRICIA J. BLAKE (New Hampshire Department of Labor) No. 91-518Supreme Court of New Hampshire Original Decided April 7, 1993 1. Workers’ Compensation — Rehearings and Appeals — Generally Certiorari is the proper remedy for review of permanent impairment awards of the labor department, which are final. RSA 281-A:32, XII (Supp. […]
WELLS v. O’KEEFE, 91 N.H. 299 (1941)
18 A.2d 836 ELLEN M. WELLS v. C. JEROME O’KEEFE. FLYNN J. WELLS v. SAME. MARY LANE v. FLYNN J. WELLS. ANNA G. O’KEEFE v. SAME. C. JEROME O’KEEFE v. SAME. No. 3199.Supreme Court of New Hampshire Rockingham. Decided March 4, 1941. No statutory provision applies in terms to three-lane highways; but the primary purpose […]
IN RE JUVENILE 2003-604-A, 151 N.H. 719 (2005)
871 A.2d 62 IN RE JUVENILE 2003-604-A a. No. 2003-604.Supreme Court of New Hampshire Hillsborough-northern judicial district.Argued: January 12, 2005. Opinion Issued: February 22, 2005. 1. Minors — Child Abuse — Statutes Because the statutory provision pertaining to the right of officials to enter “any public place, including but not limited to schools and child […]
STATE v. FULLER, 147 N.H. 210 (2001)
785 A.2d 408 THE STATE OF NEW HAMPSHIRE v. FREDERICK J. FULLER No. 99-679Supreme Court of New Hampshire Grafton Decided November 20, 2001 1. Offenses — Particular Crimes — Criminal Threatening For purposes of the offense of criminal threatening, in order for a jury to conclude that a defendant had a “purpose to terrorize,” it […]
IN RE CERTAIN SCHOLARSHIP FUNDS, 133 N.H. 227 (1990)
575 A.2d 1325 In re CERTAIN SCHOLARSHIP FUNDS No. 89-127Supreme Court of New Hampshire Cheshire Decided May 24, 1990 1. Constitutional Law — Equal Protection — State Action Determination of what acts may properly be considered “State action” within meaning of New Hampshire Constitution must be established on case-by-case basis; development of a formula has […]
APPEAL OF SAU #21, 126 N.H. 95 (1985)
489 A.2d 112 APPEAL OF SAU #21 JOINT BOARD NEGOTIATING TEAM (New Hampshire Public Employee Labor Relations Board) No. 84-053Supreme Court of New Hampshire Public Employee Labor Relations Board Decided February 15, 1985 1. Public Employees — Public Employee Labor Relations Board — Jurisdiction The public employee labor relations board has broad subject matter jurisdiction […]
MARTIN v. PAT’S PEAK, 158 N.H. 735 (2009)
HELEN MARTIN a. v. PAT’S PEAK, INC. No. 2008-650.Supreme Court of New Hampshire. Merrimack.Argued: February 18, 2009. Opinion Issued: May 21, 2009. 1. Torts — Defenses — Statutory Immunity The statute entitled “Responsibilities of Skiers and Passengers” is an immunity provision for ski area operators intended to supersede and replace a skier’s common law remedies […]
MULLINS v. O’BRIEN, 93 N.H. 358 (1945)
41 A.2d 917 TERESA M. MULLINS a. v. TERESA M. O’BRIEN a. No. 3527.Supreme Court of New Hampshire Strafford. Decided April 3, 1945. BILL IN EQUITY, to set aside certain instruments alleged to have been obtained by a fraudulent misrepresentation of the law. Same case reported, ante, 118. After the opinion was rendered, the plaintiffs […]
RODGERS v. COLBY’S OL’ PLACE, 148 N.H. 41 (2002)
802 A.2d 1159 PETER J. RODGERS a. v. COLBY’S OL’ PLACE, INC. a. No. 2001-441Supreme Court of New Hampshire StraffordSubmitted January 28, 2002 Opinion Issued June 25, 2002 1. Negligence — Damages — Comparative Damages In statute on apportionment of damages, provision that permits a plaintiff to seek reallocation of damages among defendants when one […]
GRANITE STATE LAND CO. v. HAMPTON, 77 N.H. 179 (1913)
89 A. 842 GRANITE STATE LAND CO. v. HAMPTON a. HAMPTON v. MOSES H. DOW. MOSES H. DOW v. HAMPTON a. Supreme Court of New Hampshire Rockingham. Decided February 3, 1913. The statutory provision that a just share of the expense of constructing and maintaining a common sewer may be assessed against land deriving special […]
CHAMBERLAIN v. TOWN OF KINGSTON, 126 N.H. 553 (1985)
496 A.2d 337 ALFRED R. CHAMBERLAIN, EXECUTOR OF THE ESTATE OF SCOTT CHAMBERLAIN v. TOWN OF KINGSTON No. 84-311Supreme Court of New Hampshire Rockingham Decided May 24, 1985 Release — Joint Tortfeasors — Employer and Employee Injured plaintiff, who has settled a claim with an employee tortfeasor and has covenanted not to sue the employee, […]
APPEAL OF GRIMM, 141 N.H. 719 (1997)
692 A.2d 508 APPEAL OF RUEDIGER H. GRIMM, PH.D. (New Hampshire Board of Examiners of Psychology and Mental Health Practice) No. 95-427Supreme Court of New Hampshire Board of Examiners of Psychology and Mental Health Practice Decided April 11, 1997 1. Administrative Law — Hearings — Bias In determining whether the board of examiners of psychology […]
SEACOAST WATER COMMISSION v. PORTSMOUTH, 106 N.H. 15 (1964)
203 A.2d 649 SEACOAST WATER COMMISSION a. v. PORTSMOUTH a. No. 5207.Supreme Court of New Hampshire Strafford.Argued April 7, 1964. Decided October 6, 1964. 1. The city of Portsmouth is authorized both by special legislative act (Laws 1891, c. 209; Laws 1899, c. 205) and by general statutes (RSA 38:12) to acquire land and property […]
STATE v. TRAINOR, 130 N.H. 371 (1988)
540 A.2d 1236 THE STATE OF NEW HAMPSHIRE v. JOHN H. TRAINOR, JR. No. 87-185Supreme Court of New Hampshire Hillsborough Decided March 29, 1988 1. Evidence — Past Offenses — Admissibility Evidence of prior offenses or bad acts is admissible under certain circumstances. N.H. R. Ev. 404(b). 2. Evidence — Past Offenses — Admissibility The […]
STATE v. AUBUCHONT, 141 N.H. 206 (1996)
679 A.2d 1147 STATE OF NEW HAMPSHIRE v. JAMES AUBUCHONT No. 94-524Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 19, 1996 1. Criminal Law — Confessions — Generally The defendant’s decision to introduce his first confession should not result in the waiver of his motion to suppress his second confession. N.H. CONST. pt. […]
BLAIR v. MASON, 64 N.H. 487 (1887)
13 A. 871 BLAIR v. MASON, Ap’t. Supreme Court of New Hampshire Grafton. Decided December, 1887. A tenant at will, from month to month, cannot, without an agreement to that effect, apply a balance due him from the landlord for board to the payment of rent in advance, so as to extend his right of […]
FOURNIER v. BERLIN, 92 N.H. 142 (1942)
26 A.2d 366 MITCHELL FOURNIER v. BERLIN. No. 3325.Supreme Court of New Hampshire Coos. May 5, 1942. A municipal enterprise, governmental in its nature, does not become a private business enterprise merely because the municipality is free to choose the manner of performing the work, or because financial benefit by the elimination of labor cost […]
BENSON v. TILTON, 58 N.H. 137 (1877)
BENSON v. TILTON a. Supreme Court of New Hampshire Rockingham. Decided August, 1877. In a settlement of partnership accounts, an agreement by one partner to take the partnership chattels and call the account, square, and give up a note and mortgage against third persons which had been contributed by the other partner, if accepted by […]
STATE v. KEPPLE, 155 N.H. 267 (2007)
THE STATE OF NEW HAMPSHIRE v. FRANCIS KEPPLE. No. 2006-393.Supreme Court of New Hampshire Rockingham.Argued: January 18, 2007. Opinion Issued: April 18, 2007. 1. Criminal Law — Right to Effective Counsel — Burden of Proof To successfully assert a claim for ineffective assistance of counsel, a defendant must first show that counsel’s representation was constitutionally […]
STATE v. WARREN, 114 N.H. 196 (1974)
317 A.2d 566 STATE OF NEW HAMPSHIRE v. TIMOTHY WARREN No. 6564Supreme Court of New Hampshire Belknap Decided March 29, 1974 1. Trial court’s instruction that proof of specific intent to commit the crimes of burglary and arson was required and that the effect of alcohol was a factor to be considered with all others […]
WELKIND v. HALL, 127 N.H. 440 (1985)
503 A.2d 779 ANDREW S. WELKIND a. v. STEWART K. HALL a. No. 84-513Supreme Court of New Hampshire Hillsborough Decided December 4, 1985 1. Contracts — Purchase and Sale Agreements — Breach Plaintiffs who had entered into a purchase and sale agreement with defendants to purchase defendants’ home, contingent upon plaintiffs’ obtaining a financing commitment […]
AMERICAN HOME IMPROVEMENT CO. v. MacIVER, 105 N.H. 435 (1964)
201 A.2d 886 AMERICAN HOME IMPROVEMENT, INC. v. MORRIS J. MacIVER a. No. 5227.Supreme Court of New Hampshire Hillsborough.Argued May 5, 1964. Decided July 1, 1964. 1. Where the application for financing and the approval of the financing by the plaintiff for the furnishing and installation of improvements to defendants’ building failed to inform the […]
OPINION OF THE JUSTICES (FURLOUGH), 135 N.H. 625 (1992)
609 A.2d 1204 OPINION OF THE JUSTICES (FURLOUGH) No. 92-131Supreme Court of New Hampshire Request of the House of Representatives Decided June 10, 1992 1. Constitutional Law — Obligation of Contracts — Generally Article 1, section 10 of the United States Constitution and part 1, article 23 of the New Hampshire Constitution offer equivalent protections […]
CONTINENTAL TANNERS v. GONIC FOOTWEAR CO., 106 N.H. 297 (1965)
210 A.2d 480 CONTINENTAL TANNERS, INC. v. GONIC FOOTWEAR, INC. CONTINENTAL TANNERS, INC. v. STACKPOLE MOTOR TRANSPORTATION, INC. STACKPOLE MOTOR TRANSPORTATION, INC. v. GONIC FOOTWEAR, INC. STACKPOLE MOTOR TRANSPORTATION, INC. v. HYMAN ROFFMAN. No. 5295.Supreme Court of New Hampshire Strafford.Argued March 2, 1965. Decided May 24, 1965. 1. The rights and liabilities of the parties […]
LINDBERG v. SWENSON, 95 N.H. 184 (1948)
60 A.2d 458 HILMA P. LINDBERG, Adm’x v. OMAR S. SWENSON a., d.b.a. The John Swenson Granite Company. No. 3724.Supreme Court of New Hampshire Merrimack. Decided July 6, 1948. An instruction though correct upon an issue, not supported by the evidence and upon which the plaintiff could have no recovery even if supported by evidence, […]
WESSELLS v. COMPANY, 89 N.H. 230 (1938)
196 A. 763 GEORGE M. WESSELLS, trading as WESSELLS’ RESEARCH BUREAU v. JAMES J. PARLE COMPANY. Supreme Court of New Hampshire Municipal Court of Dover. Decided January 4, 1938. Under P.L., c. 337, ss. 1, 5, 10; Laws 1903, c. 21, s. 5, a municipal court or justice of the peace has authority to issue […]
FREEMAN v. PACIFIC MILLS, 84 N.H. 383 (1930)
151 A. 707 JOHN E. FREEMAN v. PACIFIC MILLS. Supreme Court of New Hampshire Strafford. Decided June 26, 1930. Under P.L., c. 316, s. 12, when a party desires to compel a statement by the trial justice of his rulings and reasons, the request therefor must be made before a decision is rendered. But a […]
KENNARD v. MANCHESTER, 68 N.H. 61 (1894)
36 A. 553 KENNARD v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided June, 1894. Taxation of the owner of real estate because of his net income from it, for a sum which, if placed at interest, would produce a sum equal to such income is, in effect, taxation of the real estate, and is […]
SULLIVAN v. BANK, 99 N.H. 262 (1954)
109 A.2d 572 ISABEL L. SULLIVAN, Ex’x a. v. INDIAN HEAD NATIONAL BANK, Ex’r. No. 4348.Supreme Court of New Hampshire Hillsborough.Argued October 5, 1954. Decided November 4, 1954. Where the judge of probate at the conclusion of hearing on petition to prove will in solemn form announced affirmance of the probate of such will in […]
BOUDREAU v. EASTMAN, 59 N.H. 467 (1879)
BOUDREAU v. EASTMAN. Supreme Court of New Hampshire Grafton. Decided December, 1879. When a suit is brought by an agent of an undisclosed principal in his own name, the writ may be amended by substituting the principal for the agent as plaintiff of record, or the principal may appear and prosecute the suit as plaintiff […]
WALKER v. WALKER, 119 N.H. 551 (1979)
404 A.2d 1103 ROBERT W. WALKER v. JUDITH F. WALKER (NOW BARKER) a. No. 78-263Supreme Court of New Hampshire Hillsborough Decided July 18, 1979 1. Divorce — Trial Court — Powers and Duties Trial court’s authority in matters of marriage and divorce is strictly statutory. 2. Divorce — Decree — Discretion of Court Superior Court […]
STATE v. LEVESQUE, 123 N.H. 52 (1983)
455 A.2d 1045 THE STATE OF NEW HAMPSHIRE v. JOHN D. LEVESQUE No. 82-093Supreme Court of New Hampshire Merrimack Decided January 24, 1983 1. Searches and Seizures — Warrantless Searches — Arrested Persons A lawful arrest justifies reasonable latitude of both the search and the seizure of things found on or in the possession of […]
BUKOWSKI v. BUFFUM, 103 N.H. 544 (1961)
176 A.2d 330 PETER W. BUKOWSKI v. SARAH E. BUFFUM. No. 4937.Supreme Court of New Hampshire Hillsborough.Argued September 6, 1961. Decided December 29, 1961. 1. In an action by a pedestrian for injuries sustained when struck by defendant’s motor vehicle while crossing a highway a verdict for the plaintiff was properly set aside where the […]
SINDT v. GILFOYLE, 124 N.H. 315 (1983)
469 A.2d 1334 EDWARD SINDT a. v. PAUL GILFOYLE No. 82-380Supreme Court of New Hampshire Hillsborough Decided December 27, 1983 1. Attachment — Statutory Provisions — Equity Proceedings Whatever attachment powers are granted equity plaintiffs by the statute permitting attachments in equity proceedings, the statute governing modification or discharge of any lien acquired by proceedings […]
INGRAM v. RAILROAD, 89 N.H. 277 (1938)
197 A. 822 ETHEL INGRAM, Adm’x v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided March 1, 1938. P.L., c. 336, s. 8 providing for the production of the books, records and papers of a domestic corporation in any legal proceeding to which it is a party does not deprive the court of […]
SEGRE v. RING, 102 N.H. 556 (1960)
163 A.2d 4 CARMEN SEGRE a. v. DONALD A. RING a. No. 4849.Supreme Court of New Hampshire Rockingham.Argued June 7, 1960. Decided July 19, 1960. 1. A lease between a town and an individual of municipally owned real property is a document of the town (RSA 41:58) and as such it is required to be […]
STATE v. GODING, 128 N.H. 267 (1986)
513 A.2d 325 THE STATE OF NEW HAMPSHIRE v. WILLIAM GODING No. 85-153Supreme Court of New Hampshire Hillsborough Decided July 9, 1986 1. Appeal and Error — Preservation of Questions — Question Preserved Defendant was not precluded, on appeal of a DWI-second offense conviction, from alleging that it was a due process violation to charge […]
BROWN v. LATHAM, 58 N.H. 30 (1876)
BROWN v. LATHAM. Supreme Court of New Hampshire Hillsborough. Decided December, 1876. A payment of part of a debt does not take the remainder out of the operation of the statute of limitations, unless it is made under such circumstances that a promise to pay the remainder may be reasonably inferred from it. Where goods […]
STATE v. CIMINO, 126 N.H. 570 (1985)
493 A.2d 1197 THE STATE OF NEW HAMPSHIRE v. FRANCIS S. CIMINO No. 83-402Supreme Court of New Hampshire Hillsborough Decided May 28, 1985 1. Searches and Seizures — Evidence — Exclusionary Rule If evidence in a criminal case has been obtained only through the exploitation of an antecedent illegality, it must be suppressed, as “the […]
STATE v. QUEZADA, 141 N.H. 258 (1996)
681 A.2d 79 THE STATE OF NEW HAMPSHIRE v. DIOMEDES JESUS QUEZADA No. 95-030Supreme Court of New Hampshire Hillsborough-northern judicial district Decided August 2, 1996 Search and Seizure — Generally — Particular Seizures Although police officers did not display their weapons, touch the defendant, or prevent him from leaving, given the late hour, the absence […]
JANSEN v. RICHARDSON, 93 N.H. 122 (1944)
36 A.2d 629 THOMAS E. JANSEN, JR., Ex’r v. BAURY B. RICHARDSON a. No. 3446.Supreme Court of New Hampshire Hillsborough. Decided March 7, 1944. Whether inheritance or succession taxes are a charge against the estate or are to be deducted from the several legacies is a question of intention. Where the opening clause of a […]
STATE v. WISOWATY, 133 N.H. 604 (1990)
580 A.2d 1079 THE STATE OF NEW HAMPSHIRE v. JERARD S. WISOWATY No. 88-462Supreme Court of New Hampshire Carroll Decided October 17, 1990 1. Appeal and Error — Preservation of Questions — Failure To Present Below New Hampshire rule of evidence differs from federal rule in that in New Hampshire explicit statement of specific ground […]
LAUTEN v. ALLENSTOWN, 58 N.H. 289 (1878)
LAUTEN v. ALLENSTOWN. Supreme Court of New Hampshire Grafton. Decided March, 1878. After the governor appoints an agent to furnish liquors to town agents, according to Gen. St., c. 99, and duly notifies them, towns are not liable for liquors purchased by such agents of others. ASSUMPSIT, for spirituous liquors, alleged to have been sold […]
SCHECHTER v. TAYLOR, 112 N.H. 213 (1972)
293 A.2d 318 BARBARA A. SCHECHTER v. ARNET R. TAYLOR a. No. 6098.Supreme Court of New Hampshire Rockingham. Decided June 30, 1972. 1. To arrive at the parties’ intention, language in a deed must be examined in the light of the circumstances and as nearly as possible in the situation of the parties at the […]
DUBE v. SEVIGNE, 81 N.H. 221 (1924)
123 A. 894 THOMAS E. DUBE, Adm’r, v. FREDERICK J. SEVIGNE. Supreme Court of New Hampshire Hillsborough. Decided February 5, 1924. The statement by counsel of an immaterial matter is unexceptionable if the trial court finds that the remark did not render the trial unfair. Remarks of the court calling to the attention of the […]
STATE v. OSGOOD, 135 N.H. 436 (1992)
605 A.2d 1071 THE STATE OF NEW HAMPSHIRE v. NEWELL OSGOOD No. 91-136Supreme Court of New Hampshire Belknap Decided April 2, 1992 1. Motor Vehicles — Operation — Generally One who puts a motorcycle in motion on the highway through coasting, even though the motor may be inoperable, is “in actual physical control” of the […]
STATE v. MARINI, 117 N.H. 71 (1977)
369 A.2d 202 STATE OF NEW HAMPSHIRE v. JOHN M. MARINI No. 7550Supreme Court of New Hampshire Original Decided January 31, 1977 1. Bail — Pending Appeal Granting bail pending appeal is within the discretion of the trial court judge, and the discretion must be exercised in accordance with the legislature’s intention, as expressed in […]
VICTORIAN REALTY GROUP v. CITY OF NASHUA, 130 N.H. 60 (1987)
534 A.2d 381 VICTORIAN REALTY GROUP v. CITY OF NASHUA a. No. 86-439Supreme Court of New Hampshire Hillsborough Decided November 5, 1987 1. Zoning — Historical Districts Planning board had authority to consider recommendations of historic district commission and to deny an application for a lot line relocation, which was in fact and as a […]
LaPONSIE v. KUMOREK, 122 N.H. 1021 (1982)
453 A.2d 1294 CATHERINE LaPONSIE a. v. STEPHEN KUMOREK No. 81-419Supreme Court of New Hampshire Keene District Court Decided December 10, 1982 1. Landlord and Tenant — Rent and Lease Agreements — Interpretation A lease is a contract whose terms are to be interpreted according to the rules of contract. 2. Contracts — Construction — […]
DAVIS v. RAILROAD, 75 N.H. 467 (1910)
76 A. 170 DAVIS, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Carroll. Decided April 5, 1910. An exclamation made at the time of a railroad collision by a person present is not admissible in evidence to prove the cause of the accident, unless it appears that the utterance was the immediate result […]
STATE v. COOPER, 135 N.H. 258 (1992)
603 A.2d 499 THE STATE OF NEW HAMPSHIRE v. WILLIAM COOPER No. 90-594Supreme Court of New Hampshire Merrimack Decided February 28, 1992 1. Trial — Instructions — Objections Defendant preserved issue of improper jury instruction by objecting to the instruction ten minutes after it was given to the jury and before the jury had reached […]
STEARNS v. O’DOWD, 78 N.H. 358 (1917)
101 A. 31 GEORGE L. STEARNS v. JOHN T. O’DOWD. Supreme Court of New Hampshire Hillsborough. Decided March 30, 1917. A bill in equity cannot be maintained to determine a contested election to a county office; the remedy is by petition under Laws 1893, c. 66. If a ballot cast at a biennial election is […]
STATE v. BALUKAS, 155 N.H. 377 (2007)
THE STATE OF NEW HAMPSHIRE v. SCOTT BALUKAS, SR. No. 2006-107.Supreme Court of New Hampshire RockinghamArgued: March 15, 2007. Opinion Issued: May 3, 2007. 1. Marriage — Domestic Violence — Protective Orders The phrase “under this chapter” in the penalty provision of the Child Protection Act is interpreted to mean that, where an initial violation […]
FISCHER v. HOOPER, 143 N.H. 585 (1999)
732 A.2d 396 CAROL FISCHER (FORMERLY HOOPER) v. DAVID HOOPER No. 94-438Supreme Court of New Hampshire Hillsborough-northern judicial district Decided June 16, 1999 1. Torts — Particular Torts — Violation of Right of Privacy Trial court failed to properly instruct jury on appropriate mens rea for violation of wiretapping and eavesdropping statute, requiring reversal and […]
PENNICHUCK CORP. v. CITY OF NASHUA, 152 N.H. 729 (2005)
886 A.2d 1014 PENNICHUCK CORPORATION a.v. CITY OF NASHUA. No. 2004-717.Supreme Court of New Hampshire Hillsborough-Southern Judicial District.Argued: September 15, 2005. Opinion Issued: November 16, 2005. 1. Eminent Domain — Compensation and Damages — Inverse Condemnation Inverse condemnation occurs when a governmental body takes property in fact but does not formally exercise the power of […]
KOSTRELES v. PORTSMOUTH, 104 N.H. 392 (1963)
187 A.2d 789 JOHN KOSTRELES v. PORTSMOUTH a. No. 5080.Supreme Court of New Hampshire Rockingham.Argued January 2, 1963. Decided January 31, 1963. 1. The Portsmouth mobilehome ordinance confers upon the city council as the licensing authority discretionary powers to issue permits for mobilehome parks, and the function of the planning board under the ordinance is […]
LANDREY v. CHAYRET, 58 N.H. 89 (1877)
LANDREY v. CHAYRET, and the NASHUA ROCHESTER RAILROAD, Trs. Supreme Court of New Hampshire Hillsborough. Decided March, 1877. Payment in good faith, and without knowledge of the service of trustee process, will discharge the trustee, although legal service upon him had been made before such payment. FOREIGN ATTACHMENT. On the trustees’ pay-roll, indicating the names […]
OPINION OF THE JUSTICES, 98 N.H. 530 (1953)
98 A.2d 635 OPINION OF THE JUSTICES. No. 4233.Supreme Court of New Hampshire Decided June 29, 1953. In appointments by the Governor of officers other than constitutional officers, requiring merely the advice, approval or consent of the Council, the power of the Council resides in the majority, and action taken at any duly convened meeting […]
SILVER v. FIRST NATIONAL BANK, 108 N.H. 390 (1967)
236 A.2d 493 ROLAND SILVER a. v. FIRST NATIONAL BANK. No. 5678.Supreme Court of New Hampshire Hillsborough.Argued October 4, 1967. Decided December 29, 1967. 1. While a mortgagee under a power of sale mortgage is not a trustee or a fiduciary, a foreclosure sale thereunder is required to be conducted in exercise of good faith […]
STATE v. SLAYTON, 116 N.H. 613 (1976)
367 A.2d 575 STATE OF NEW HAMPSHIRE v. DAVID L. SLAYTON No. 7184Supreme Court of New Hampshire Merrimack District Court Decided October 29, 1976 1. RSA 106-B:15, which provides in part that State police shall not act within the limits of a town having a population of more than three thousand or of any city […]
AMOSKEAG INDUSTRIES v. MANCHESTER, 93 N.H. 335 (1945)
41 A.2d 917 AMOSKEAG INDUSTRIES, INC. v. THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF MANCHESTER. No. 3511.Supreme Court of New Hampshire Hillsborough. Decided April 3, 1945. A decree of the Superior Court for the laying out of highways in the city of Manchester having been based upon a warranted finding of public […]
PERRY v. HARDY, 71 N.H. 151 (1901)
51 A. 644 PERRY v. HARDY. Supreme Court of New Hampshire Merrimack. Decided December 3, 1901. In an action of trespass quare clausum, a verdict cannot be directed for the plaintiff when there is evidence from which it might reasonably be found that the defendant’s ancestor in title was induced to enter into an agreement […]
LEONARD v. PHILBRICK, 106 N.H. 311 (1965)
210 A.2d 819 RICHARD W. LEONARD v. ROBERT PHILBRICK a. No. 5384.Supreme Court of New Hampshire Hillsborough.Argued June 11. 1965. Decided June 15, 1965. 1. Equity is not moribund and can adapt itself to change and the circumstances of any particular case. 2. By virtue of statute (RSA 56:81) a political convention is the final […]
STATE v. N. OF THE BORDER TOBACCO, 162 N.H. 206 (2011)
STATE OF NEW HAMPSHIRE v. NORTH OF THE BORDER TOBACCO, LLC d/b/a TOBACCO HAVEN a. No. 2010-516.Supreme Court of New Hampshire. Merrimack.Argued: April 13, 2011. Opinion Issued: June 30, 2011. 1. Commerce — Regulation of Commerce —Particular Matters The phrase “likely to be” connotes an eventuality based on the reasonably to be expected use for […]
FRANKLIN v. DURGEE, 71 N.H. 186 (1901)
51 A. 911 FRANKLIN v. DURGEE a. Supreme Court of New Hampshire Merrimack. Decided December 23, 1901. Whether an obstruction of the natural flow of surface water by a landowner in the use of his premises constitutes an actionable wrong when injurious to another, depends upon the reasonableness or unreasonableness of such use, which is […]
GARIPAY v. TOWN OF HANOVER, 116 N.H. 34 (1976)
351 A.2d 64 L. EARLE GARIPAY a. v. TOWN OF HANOVER a. No. 7146Supreme Court of New Hampshire Grafton Decided January 31, 1976 1. The state enabling legislation and the town subdivision regulations provided authority for the town planning board’s rejection of a subdivision proposal that intrinsically conformed to the requirements of the town zoning […]
LaBOUNTY v. AMERICAN INSURANCE CO., 122 N.H. 738 (1982)
451 A.2d 161 DONALD LaBOUNTY v. AMERICAN INSURANCE COMPANY a. RONALD THOMPSON v. DONALD LaBOUNTY No. 80-423 No. 82-042Supreme Court of New Hampshire Hillsborough Decided August 17, 1982 1. Conflict of Laws — Generally In choice-of-law questions, the supreme court considers five choice-influencing considerations: (1) the predictability of results; (2) the maintenance of reasonable orderliness […]
SHELLEY v. LANDRY, 97 N.H. 27 (1951)
79 A.2d 626 HENRY A. SHELLEY v. IRENE LANDRY a. No. 4007.Supreme Court of New Hampshire Rockingham. Decided April 3, 1951. Where the plaintiff by his own labor constructed a house on the land of other and then received at his request a deed thereto in the name of himself and his daughter as joint […]
STATE v. WEEKS, 134 N.H. 237 (1991)
590 A.2d 614 THE STATE OF NEW HAMPSHIRE v. BRIAN WEEKS No. 90-421Supreme Court of New Hampshire Strafford Decided May 3, 1991 1. Laches — Generally Laches is an equitable doctrine, the application of which is a question of fact for the trial court. 2. Laches — Questions of Fact and Law — Judicial Review […]
PERKINS v. TOWLE, 59 N.H. 583 (1880)
PERKINS v. TOWLE a. Supreme Court of New Hampshire Merrimack. Decided June, 1880. Declarations of a grantor in his own favor made subsequently to the execution of the deed are not admissible to impeach it. But his admissions made against his interest are admissible to sustain the deed. How far the admission of evidence upon […]
KNIGHTON v. COMPANY, 80 N.H. 546 (1923)
119 A. 797 LEROY S. KNIGHTON v. CUSHMAN-RANKIN CO. Supreme Court of New Hampshire Grafton. Decided February 6, 1923. In an action at common law against the employer for injuries, the employee is bound to offer evidence that the risk of the injury was not assumed by him. A finding by the presiding justice that […]
ZIELINSKI v. CORNWELL, 100 N.H. 34 (1955)
118 A.2d 734 FRANCES NAUCEDER ZIELINSKI, Adm’x v. KENNETH CORNWELL. No. 4430.Supreme Court of New Hampshire Cheshire.Argued November 1, 1955. Decided December 6, 1955. While the lex loci governs the right of action for wrongful death the lex fori determines the parties who may and who must sue and be sued, as well as the […]
N.E. TELEPHONE CO. v. AMES, 124 N.H. 661 (1984)
474 A.2d 571 NEW ENGLAND TELEPHONE COMPANY v. PAULINE AMES No. 83-331Supreme Court of New Hampshire Hillsborough Decided April 6, 1984 1. Workers’ Compensation — Burden of Proof — Standards To receive compensation under the workers’ compensation law for an accidental injury, the claimant must first prove the causal connection between the injury and the […]
STATE v. THEODORE, 118 N.H. 548 (1978)
392 A.2d 122 THE STATE OF NEW HAMPSHIRE v. NICHOLAS THEODORE No. 78-007Supreme Court of New Hampshire Belknap Decided September 18, 1978 1. Constitutional Law — Right to Effective Counsel — Conflict of Interest The sixth amendment guarantee of effective counsel mandates that courts be sensitive to possible conflicts of interest that could impair an […]
THOMAS v. TELEGRAPH, 155 N.H. 314 (2007)
TERRY T.THOMAS v. TELEGRAPH PUBLISHING CO. a. No. No. 2005-751.Supreme Court of New Hampshire Hillsborough-southern judicial district.Submitted: January 11, 2007. Opinion Issued: May 1, 2007. 1. Pleading — Amendment of Pleadings — Tests and Standards Generally, a court should allow amendments to pleadings to correct technical defects, but need only allow substantive amendments when necessary […]
STATE v. DAOUD, 158 N.H. 334 (2009)
THE STATE OF NEW HAMPSHIRE v. MOHAMED DAOUD. No. 2008-207.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: January 9, 2009. Opinion Issued: February 18, 2009. 1. Offenses — Particular Crimes — Falsifying Physical Evidence While under standard rules of statutory construction, none of the terms “alters,” “destroys,” “conceals,” or “removes” used in the falsifying physical […]
AMERICAN MUT. INS. CO. v. COMMERCIAL UNION INS. CO., 116 N.H. 210 (1976)
357 A.2d 873 AMERICAN MUTUAL INSURANCE COMPANY v. COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK a. No. 7034Supreme Court of New Hampshire Hillsborough Decided April 30, 1976 1. Tort-feasor’s insurer was obligated to pay any established claim up to the limits of financial responsibility under the outstanding liability policy even though the policy was void […]
KELLISON v. McISAAC, 131 N.H. 675 (1989)
559 A.2d 834 DARLENE A. KELLISON AND CATHY R. SWITZER v. JOHN W. McISAAC AND MILDRED E. McISAAC No. 88-006Supreme Court of New Hampshire Rockingham Decided June 13, 1989 1. Adverse Possession — Generally To obtain title by adverse possession, plaintiffs must prove by the balance of probabilities twenty years of adverse, continuous, uninterrupted use […]
STATE v. FEDRICO, 82 N.H. 258 (1926)
132 A. 679 STATE v. JOSEPH FEDRICO. Supreme Court of New Hampshire Strafford. Decided March 2, 1926. A forfeiture of bail upon default, duly entered of record, has the force of a judgment. A motion at a subsequent term that the default be stricken off and the cash bail returned is addressed to the sound […]
TULLGREN v. PHIL LAMOY REALTY CORP., 125 N.H. 604 (1984)
484 A.2d 1144 DAVID TULLGREN v. PHIL LAMOY REALTY CORP. No. 83-273Supreme Court of New Hampshire Hillsborough Decided October 26, 1984 1. Evidence — Hearsay — Generally The proper analysis of a potential hearsay problem is to consider the common law exceptions under New Hampshire case law and only then, if those exceptions fail to […]
PRESCOTT v. YURCHUS, 86 N.H. 108 (1933)
164 A. 218 FLORENCE PRESCOTT v. ALBERT YURCHUS a. WILLIAM CHIZINSKI v. SAME. HORACE HARTFORD, by his next friend, v. SAME. BERTHA HARTFORD, by her next friend, v. SAME. Supreme Court of New Hampshire Rockingham. Decided January 3, 1933. Under P. L., c. 101, ss. 1, 12 the driving of a car by an unlicensed […]
FARMINGTON v. COPP AND JOHNSON, 56 N.H. 218 (1875)
FARMINGTON v. COPP. SAME v. JOHNSON. Supreme Court of New Hampshire FROM STRAFFORD CIRCUIT COURT. Decided December 7, 1875. Auditor — Nonsuit. The plaintiff moved for leave to become nonsuit, as matter of right, while the cause was pending before an auditor. Held, that the motion should have been denied. Fulford v. Converse, 54 N.H. […]
HALL v. INSURANCE CO., 91 N.H. 6 (1940)
13 A.2d 157 SARAH E. HALL v. MERRIMACK MUTUAL FIRE INSURANCE CO. SAME v. ORIENT INSURANCE CO. SAME v. NEW YORK UNDERWRITERS INSURANCE CO. SAME v. ATLAS ASSURANCE CO., L’T’D. Nos. 3143, 3144.Supreme Court of New Hampshire Carroll. Decided April 2, 1940. Extension of the time for payment of the cost of printing a bill […]
LANCASTER v. COUNTY, 74 N.H. 439 (1908)
68 A. 867 LANCASTER v. COOS COUNTY. Supreme Court of New Hampshire Coos. Decided February 4, 1908. To gain a pauper settlement under clause 9, section 1, chapter 83, Public Statutes, residence in the town for the prescribed period, taxation of the poll for the specified term, and payment of taxes legally assessed during the […]
BROWN v. FOLSOM, 62 N.H. 527 (1883)
BROWN a. v. FOLSOM a. Supreme Court of New Hampshire Carroll. Decided June, 1883. After the appointment of an assignee of a savings-bank, the depositors cannot maintain a creditors’ bill against the debtors of the corporation. BILL IN EQUITY. The plaintiffs, depositors in the Carroll County Five Cents Savings Bank, bring the suit in behalf […]
CUNNINGHAM v. CURTIS, 57 N.H. 157 (1876)
CUNNINGHAM v. CURTIS. Supreme Court of New Hampshire FROM ROCKINGHAM CIRCUIT COURT. Decided August 10, 1876. Construction of deed. The defendants’ intestate conveyed to the plaintiff, by deed of warranty, a parcel of land, bounded on the west by land of Thomas Hough. The distance on the north line from the east to the west […]
PARTRIDGE v. PORTSMOUTH, 86 N.H. 594 (1933)
163 A. 713 CHARLES H. PARTRIDGE v. PORTSMOUTH a. Supreme Court of New Hampshire Rockingham. Decided January 3, 1933. BILL IN EQUITY, seeking a review of the action of the Portsmouth city council, revoking a license to operate a taxicab. The license in controversy was for the calendar year 1932. Transferred by Sawyer, C.J. Henry […]
STATE v. SWEENEY, 90 N.H. 127 (1939)
5 A.2d 41 STATE v. J. LEONARD SWEENEY No. 3046Supreme Court of New Hampshire Hillsborough Decided March 7, 1939 The authority to enact ordinances limiting the time and places for parking vehicles given to cities by P. L., c. 54, s. 12, par. VII is constitutional. The purpose of an ordinance limiting the time of […]
STATE v. FENNELL, 128 N.H. 383 (1986)
513 A.2d 363 THE STATE OF NEW HAMPSHIRE v. EDWARD FENNELL, JR. No. 85-450Supreme Court of New Hampshire Belknap Decided July 29, 1986 1. Jury — Prejudice — Generally The trial court has broad discretion to resolve questions of possible prejudice on the part of jurors at any time during the course of a trial. […]
MINOT v. RAILROAD, 73 N.H. 317 (1905)
61 A. 509 MINOT, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided June 6, 1905. The fact that a pedestrian failed to take any precaution before attempting to cross a railroad siding does not preclude a finding of due care on his part, if he was familiar with the operation of […]
DAVIS v. CRAY, 109 N.H. 181 (1968)
246 A.2d 97 WILLIAM E. DAVIS, JR. v. PAUL S. CRAY, Executor. No. 5804.Supreme Court of New Hampshire Cheshire.Argued September 4, 1968. Decided October 1, 1968. 1. In an action to recover against a decedent’s estate for services and supplies furnished the decedent in his lifetime the evidence warranted the finding that the plaintiff made […]
STATE v. GOODWIN, 140 N.H. 672 (1996)
671 A.2d 554 THE STATE OF NEW HAMPSHIRE v. DOUGLAS GOODWIN No. 94-867Supreme Court of New Hampshire Coos Decided February 15, 1996 1. Offenses Generally — Mens Rea Where a specific mental state is not provided for an offense, RSA 626:2, I, requires proof of a culpable mental state which is appropriate in light of […]