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 […]
Category: New Hampshire Court Opinions
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 […]
GAGNON v. CRANE, 126 N.H. 781 (1985)
498 A.2d 718 JULIE E. GAGNON v. HAROLD T. CRANE No. 84-296Supreme Court of New Hampshire Strafford Decided July 24, 1985 1. Negligence — Defenses — Jury Instructions It is reversible error, in a negligence action, for the trial court to give a jury instruction on pure or unavoidable accident. 2. Negligence — Defenses — […]
IN RE ESTATE OF McCOOL, 131 N.H. 340 (1988)
553 A.2d 761 In re ESTATE OF CHARLES F. McCOOL No. 87-117Supreme Court of New Hampshire Hillsborough County Probate Court Decided December 30, 1988 1. Executors and Administrators — Powers and Duties — Generally An executor must handle estate assets with that degree of prudence and diligence that a man of ordinary judgment would bestow […]
DEPARTMENT OF CORRECTIONS v. BUTLAND, 147 N.H. 676 (2002)
797 A.2d 860 NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS v. SUSAN ASSELIN BUTLAND No. 2000-803Supreme Court of New Hampshire MerrimackArgued: February 7, 2002 Opinion Issued: May 7, 2002 1. Appeal and Error — Preservation of Questions— Failure to Raise Below On appeal from order of the superior court setting aside decision of the New Hampshire Commission […]
KIROUAC v. HEALEY, 104 N.H. 157 (1962)
181 A.2d 634 HENRY L. KIROUAC v. ROBERT G. HEALEY. No. 5008.Supreme Court of New Hampshire Strafford.Argued April 3, 1962. Decided June 5, 1962. 1. Uninsured motorist coverage furnished pursuant to RSA 268:15 (supp) providing for the payment of all sums which the insured shall be legally entitled to recover as damages from an uninsured […]
LAHIFF v. INSURANCE CO., 60 N.H. 75 (1880)
LAHIFF v. ASHUELOT INS. CO. Supreme Court of New Hampshire Cheshire. Decided June, 1880. A policy of insurance being a personal contract, a conveyance of the thing insured does not operate as an assignment or transfer of the policy. The mere act of all agent of an insurance company, in writing, witnessing, and taking the […]
STATE v. FITANIDES, 141 N.H. 352 (1996)
683 A.2d 53 THE STATE OF NEW HAMPSHIRE v. PHILIP FITANIDES No. 95-447Supreme Court of New Hampshire Rockingham Decided September 30, 1996 1. Commercial Paper — Checks — Bad Check Statute Postdated checks are not exempt from the prohibition against issuing a bad check contained in RSA 638:4. RSA 638:4. 2. Commercial Paper — Checks […]
FIRST BANK TRUST CO. v. N.H. INS. GROUP, 124 N.H. 417 (1983)
469 A.2d 1367 FIRST BANK AND TRUST COMPANY v. NEW HAMPSHIRE INSURANCE GROUP a. No. 83-002Supreme Court of New Hampshire Belknap Decided December 30, 1983 Insurance — Liability for Damage or Injury — Wording of Policy In a declaratory judgment action to determine insurance coverage, the supreme court found, upon review of the record, that […]
WILKINS v. MANCHESTER, 74 N.H. 275 (1907)
67 A. 560 WILKINS v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided June 4, 1907. Where house-lots have been sold in accordance with a recorded plan which shows an intersecting street, a subsequent grantee of the street location is entitled to only nominal damages upon an appropriation of his land for highway purposes. APPEAL, […]
STATE v. AVERY, 126 N.H. 208 (1985)
490 A.2d 1350 THE STATE OF NEW HAMPSHIRE v. CLIFFORD AVERY No. 83-017Supreme Court of New Hampshire Merrimack Decided March 7, 1985 1. Appeal and Error — Preservation of Questions — Specific Objections To preserve issues for consideration on appeal, counsel must take contemporaneous objections and exceptions. 2. Constitutional Law — Self-Incrimination — Nature and […]
APPEAL OF FUGERE, 134 N.H. 322 (1991)
592 A.2d 518 APPEAL OF ELAINE FUGERE (New Hampshire Personnel Appeals Board) No. 90-169Supreme Court of New Hampshire Personnel Appeals Board Decided June 7, 1991 1. Administrative Law — Administrative Interpretation of Statutes — Abuse of Discretion An agency must follow its own regulations, and an employee discharge procured in the face of a substantial […]
TOWN OF HENNIKER v. HOMO, 136 N.H. 88 (1992)
612 A.2d 360 TOWN OF HENNIKER v. LAWRENCE R. HOMO, SR. a. No. 89-149Supreme Court of New Hampshire Merrimack Decided August 14, 1992 1. Constitutional Law — Right to Jury Trial — State Constitution Civil fines exceeding $1,500 may not be levied against individuals for violations of local ordinances without granting such individuals a jury […]
SAVINGS BANK v. ALBEE, 63 N.H. 152 (1884)
ASHUELOT SAVINGS BANK v. ALBEE a. Supreme Court of New Hampshire Cheshire. Decided June, 1884. A contract is not invalidated by a false and fraudulent representation inducing it, if it does not appear that the representation was a substantial or material part of the inducement, or that without it the contract would not have been […]
MERRILL v. CITY OF MANCHESTER, 127 N.H. 234 (1985)
499 A.2d 216 CLINTON MERRILL a. v. CITY OF MANCHESTER AND MANCHESTER HOUSING AUTHORITY JOHN H. GADD AND NANCY J. GADD v. CITY OF MANCHESTER AND MANCHESTER HOUSING AUTHORITY No. 84-424 No. 84-426Supreme Court of New Hampshire Hillsborough Decided August 16, 1985 1. Eminent Domain — Grounds for Condemnation The power of eminent domain may […]
ATWOOD v. HARTFORD ACCIDENT INDEM. CO., 116 N.H. 636 (1976)
365 A.2d 744 ARTHUR C. ATWOOD v. HARTFORD ACCIDENT INDEMNITY CO., a. No. 7445Supreme Court of New Hampshire Hillsborough Decided October 29, 1976 1. Neither the language nor the arrangement of the insurance policy constituted fair notice to the insured that the policy did not cover the risks defined as the completed operations hazard, which […]
PEARSON v. CAMPBELL, 97 N.H. 444 (1952)
91 A.2d 453 PAULA MARIA PEARSON v. HOWARD W. CAMPBELL, Chief of Police. HOWARD L. PEARSON v. SAME. No. 4135.Supreme Court of New Hampshire Rockingham. Decided October 7, 1952. In criminal extradition proceedings, evidence that the plaintiffs were in the foreign state when the crime was committed and are now in this state supports a […]
MARTENSON v. MASSIE, 113 N.H. 181 (1973)
304 A.2d 372 ARTHUR O. MARTENSON, INDIVIDUALLY AND NEXT FRIEND OF JILL MARTENSON, a. v. BRUCE MASSIE AND GUARANTEE MUTUAL ASSURANCE COMPANY OF AMERICA No. 6453Supreme Court of New Hampshire Belknap Decided April 30, 1973 1. Homeowner’s policy exclusion from coverage of boats with inboard motor power of more than 50 horsepower was properly held […]
LIBBY v. COMPANY, 67 N.H. 587 (1893)
32 A. 772 LIBBY a. v. MT. MONADNOCK MINERAL SPRING LAND CO. Trs. Supreme Court of New Hampshire Coos. Decided December, 1893. On the issue of the chargeability of a trustee in foreign attachment, a written contract between the trustee and the principal defendant cannot be varied by evidence of a contemporaneous parol agreement. Page […]
BATCHELDER v. TOWN OF PLYMOUTH ZONING BD., 160 N.H. 253 (2010)
WILLIAM BATCHELDER a. v. TOWN OF PLYMOUTH ZONING BOARD OF ADJUSTMENT. No. 2008-847.Supreme Court of New Hampshire. Grafton.Argued: January 20, 2010. Opinion Issued: May 7, 2010. 1. Appeal and Error — Questions Considered onAppeal — Moot Questions The doctrine of mootness is designed to avoid deciding issues that have become academic or dead. However, the […]
STATE v. HEWITT, 128 N.H. 557 (1986)
517 A.2d 820 THE STATE OF NEW HAMPSHIRE v. PAUL HEWITT No. 85-517Supreme Court of New Hampshire Belknap Decided October 2, 1986 1. Constitutional Law — Right to Jury Trial — Number of Jurors An accused felon’s right to trial by jury as guaranteed by the State Constitution — a right of central and fundamental […]
STATE v. MARTELL, 121 N.H. 267 (1981)
428 A.2d 496 THE STATE OF NEW HAMPSHIRE v. CHARLES F. MARTELL No. 80-302Supreme Court of New Hampshire Hillsborough Decided April 3, 1981 1. Evidence — Weight and Sufficiency Where defendant was convicted of driving on a State highway while under the influence of intoxicating liquor in violation of a State statute, and the State, […]
STATE v. ROGERS, 159 N.H. 50 (2009)
THE STATE OP NEW HAMPSHIRE v. TOMMY ROGERS No. 2007-627.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: April 7, 2009. Opinion Issued: July 2, 2009. 1. Criminal Law — Self Incrimination — Immunity Situations could arise in which to deny immunization from prosecution would deprive a defendant of due process on the facts of his […]
STATE v. GOODWIN, 116 N.H. 37 (1976)
351 A.2d 59 STATE OF NEW HAMPSHIRE v. JACK GOODWIN No. 7203Supreme Court of New Hampshire Hampton District Court Decided January 31, 1976 1. Double jeopardy does not prevent the threat of twice being punished for the same act, but forbids twice being tried and convicted for the same offense. 2. Prosecuting the defendant for […]
STATE v. McGANN, 128 N.H. 186 (1986)
514 A.2d 1247 THE STATE OF NEW HAMPSHIRE v. MICHAEL B. McGANN No. 85-347Supreme Court of New Hampshire Cheshire Decided June 5, 1986 1. Searches and Seizures — Supporting Affidavit — Misrepresentations Defendant sufficiently preserved for appeal the issue of whether a search warrant affidavit contained reckless material misrepresentations, even though neither his motion to […]
PANCIOCCO v. LAWYERS TITLE INS. CORP., 147 N.H. 610 (2002)
794 A.2d 810 PATRICIA PANCIOCCO v. LAWYERS TITLE INSURANCE CORPORATION No. 2001-053Supreme Court of New Hampshire Hillsborough-northern judicial districtArgued: February 6, 2002 Opinion Issued: April 17, 2002 1. Insurance — Policies — Construction Interpretation of policy language is an issue of law, not fact; similarly, the determination of whether the underlying litigation falls outside the […]
DUNKLEE v. PRIOR, 80 N.H. 270 (1922)
116 A. 138 JOHN F. DUNKLEE v. LEON PRIOR. Supreme Court of New Hampshire Hillsborough. Decided January 3, 1922. A witness, having denied on cross-examination that he had made any statement inconsistent with his testimony, admitted that he had signed a certain statement thereupon shown him. The exclusion of the statement by the trial justice, […]
RICHMOND CO. v. CITY OF CONCORD, 149 N.H. 312 (2003)
821 A.2d 1059 THE RICHMOND COMPANY, INC., INDIVIDUALLY AND AS AGENT FOR ATCNH REALTY, LLC v. CITY OF CONCORD No. 2002-314Supreme Court of New Hampshire MerrimackArgued February 12, 2003 Opinion Issued April 11, 2003 1. Zoning and Planning — Administration and Enforcement — Procedure In furtherance of the State Constitution, municipalities have an obligation to […]
APPEAL OF RONALD PELLETERI, 152 N.H. 809 (2005)
887 A.2d 140 APPEAL OF RONALD PELLETERI a. (New Hampshire Department of Employment Security). No. 2004-876.Supreme Court of New Hampshire Department of Employment Security.Argued: September 29, 2005. Opinion Issued: December 9, 2005. 1. Unemployment Compensation — Practice and Procedure — JudicialReview Petitioners’ constitutional issues were not preserved for review because their arguments to the appeal […]
EMPIRE INS. COS. v. NATIONAL UNION FIRE INS. CO., 128 N.H. 171 (1986)
512 A.2d 1100 THE EMPIRE INSURANCE COMPANIES v. NATIONAL UNION FIRE INSURANCE COMPANY a. No. 85-146Supreme Court of New Hampshire Strafford Decided June 5, 1986 1. Insurance — Coverage — Generally Exclusions in insurance policies are void only when their application would actually have violated a statutory requirement or have defeated a statutory policy. 2. […]
PICKERING v. DE ROCHEMONT, 66 N.H. 377 (1890)
23 A. 88 PICKERING a. v. DE ROCHEMONT a. Supreme Court of New Hampshire Rockingham. Decided December, 1890. Under the act allowing women to vote in school-district meetings (c. 46, Laws 1878), the school business of a town school-district cannot be done in an ordinary town-meeting. A board of education elected at such town-meeting are […]
PEOPLES TRUST CO. v. MERRILL, 78 N.H. 329 (1917)
99 A. 650 PEOPLES TRUST COMPANY v. ARTHUR K. MERRILL a. Supreme Court of New Hampshire Grafton. Decided January 2, 1917. Husband and wife cannot enter into an agreement of copartnership. ASSUMPSIT, on a promissory note for two hundred and fifty dollars, signed “Merrill Co.” and executed by Arthur K. Merrill. The note was payable […]
STATE v. BACON, 114 N.H. 306 (1974)
319 A.2d 636 STATE OF NEW HAMPSHIRE v. ROGER BACON No. 6821Supreme Court of New Hampshire Rockingham Decided April 30, 1974 1. The defendant was not prejudiced by the jury’s viewing of the words “sale” and “hold for evidence” appearing on a written request, marked as an exhibit, that had been addressed to the State […]
SCHEER v. BEDFORD, 62 N.H. 691 (1879)
SCHEER v. BEDFORD Supreme Court of New Hampshire Hillsborough. Decided June, 1879. SMITH, J. The declaration alleges that the plaintiff’s wife was injured in June, 1875, in consequence of a defective highway, and that he suffered damage from loss of her society and services, and incurred expenses for physicians’ bills, nursing, and board, while she […]
AUSTIN v. ELLIS, 119 N.H. 741 (1979)
408 A.2d 784 FRANK M. AUSTIN v. WILLIAM P. ELLIS AND JOANMARIE ELLIS a. No. 79-074Supreme Court of New Hampshire Grafton Decided October 12, 1979 1. Boundaries — Deeds — Calls The establishment of a boundary line that conforms to calls in a deed is for the trier of fact and will not be disturbed […]
STATE v. DELGADO, 137 N.H. 380 (1993)
628 A.2d 263 THE STATE OF NEW HAMPSHIRE v. WILSON DELGADO No. 91-362Supreme Court of New Hampshire Hillsborough Decided July 7, 1993 1. Evidence — Hearsay — Non-Hearsay Rule providing that a prior statement of identification is not hearsay requires only an opportunity for cross-examination; this requirement is satisfied if declarant testifies and is available […]
HAMM v. PIPER, 105 N.H. 418 (1964)
201 A.2d 125 L. WINSTON HAMM, Adm’r v. RENA E. PIPER, Individually and as Ex’x a. No. 5238.Supreme Court of New Hampshire Carroll.Submitted May 6, 1964. Decided June 2, 1964. 1. While a husband may not convey away his property for the purpose of depriving his wife of her statutory rights in his estate at […]
MOORE v. EASTMAN, 98 N.H. 28 (1953)
93 A.2d 671 WALTER J. MOORE a. v. LEONE EASTMAN. No. 4161.Supreme Court of New Hampshire Grafton. Decided January 6, 1953. Where an agreement providing for an appraisal of the fair market value of certain real estate involved in litigation contained no provision for notice or hearing, neither party is entitled thereto as a matter […]
FOGG. v. HOSKINS, 58 N.H. 367 (1878)
FOGG v. HOSKINS. Supreme Court of New Hampshire Grafton. Decided June, 1878. An amendment containing new counts may be allowed if the form of action is not changed, and the court can see that the identity of the cause of action is preserved. Page 368 ASSUMPSIT. (See Fogg v. Hoskins, 57 N.H. 484.) Subject to […]
QUIMBY v. SHATTUCK, 88 N.H. 262 (1936)
187 A. 479 DELBERT QUIMBY v. HARLAND R. SHATTUCK. Supreme Court of New Hampshire Hillsborough. Decided October 6, 1936. In an action by a servant against his master for injuries, the burden of establishing non-assumption of risk is upon the servant. Where the servant’s knowledge of risk is substantially complete and the master has no […]
VLAHOS REALTY CO. v. LITTLE BOAR’S HEAD DISTRICT, 101 N.H. 460 (1958)
146 A.2d 257 VLAHOS REALTY COMPANY, INC. v. LITTLE BOAR’S HEAD DISTRICT a. No. 4686.Supreme Court of New Hampshire Rockingham.Argued October 7, 1958. Decided November 28, 1958. 1. The statutory power of a zoning board of adjustment (RSA 31:72 IV) to “make such order, or decision, as ought to be made” includes the authority to […]
IN RE ESTATE OF GEORGE H. PAGE, 117 N.H. 734 (1977)
378 A.2d 750 In re ESTATE OF GEORGE H. PAGE No. 7716Supreme Court of New Hampshire Rockingham County Probate Court Decided September 30, 1977 1. Court — Probate Courts — Jurisdiction Probate courts have limited jurisdiction; their powers are conferred by statute. 2. Court — Probate Courts — Jurisdiction Probate court in which conservator is […]
McQUESTEN v. STEINMETZ, 73 N.H. 9 (1904)
58 A. 876 McQUESTEN v. STEINMETZ. Supreme Court of New Hampshire Hillsborough. Decided July 1, 1904. One who merely receives money in this state and transmits it by telegraph to persons in New York, to be there wagered on horse races as directed, does not conduct an illegal business within this jurisdiction. ASSUMPSIT, for two […]
HURLBUTT v. CURRIER, 68 N.H. 94 (1894)
38 A. 502 HURLBUTT v. CURRIER. Supreme Court of New Hampshire Grafton. Decided June, 1894. Under P. S., c. 201, s. 5, a levy of execution is not dissolved or impaired by subsequent insolvency proceedings. A judgment creditor will not be prevented from enforcing his lien by knowledge of the debtor’s insolvency. TROVER, for 217 […]
SANBORN v. JACKMAN, 60 N.H. 569 (1881)
SANBORN v. JACKMAN a. Supreme Court of New Hampshire Merrimack. Decided June, 1881. In the sale of chattels there is ordinarily an implied warranty of title, and evidence tending to show a failure of title is competent in defence of an action for the price, although the written bill of sale contained no warranty. ASSUMPSIT, […]
MOON v. FLACK, 74 N.H. 140 (1907)
65 A. 829 MOON v. FLACK a. Supreme Court of New Hampshire Belknap. Decided February 5, 1907. A threat by one member of a fraternal order to kill another furnishes probable cause for the institution of proceedings for the expulsion of the declarant, under a by-law providing that punishment for those guilty of “improper conduct.” […]
PACKARD v. FOSTER, 95 N.H. 47 (1948)
56 A.2d 925 FLORENCE MOORE PACKARD v. ALBERT D. FOSTER, Adm’r a. No. 3700.Supreme Court of New Hampshire Rockingham. Decided February 3, 1948. The fact that the decedent before his death caused his savings bank deposits to be placed in his name jointly with that of the plaintiff but never gave the plaintiff possession to […]
HINCHEY v. SURETY COMPANY, 100 N.H. 8 (1955)
116 A.2d 890 ROBERT E. HINCHEY, Adm’r a. v. NATIONAL SURETY COMPANY a. No. 4436.Supreme Court of New Hampshire Strafford.Argued September 6, 1955. Decided September 28, 1955. In a petition for declaratory judgment to determine coverage under a policy of motor vehicle liability insurance as to those operating the vehicle with the insured’s consent certain […]
PATEY v. PEASLEE, 101 N.H. 26 (1957)
131 A.2d 433 ARTHUR S. PATEY a. v. ROY W. PEASLEE. No. 4544.Supreme Court of New Hampshire Merrimack.Argued January 2, 1957. Decided April 30, 1957. 1. An order allowing amendment of a petition already gone to judgment implied a vacation of such judgment and where a new action would not have been barred by the […]
McINNES v. GOLDTHWAITE, 94 N.H. 331 (1947)
52 A.2d 795 WILLIAM M. McINNES, Ex’r, Ap’t v. JOEL E. GOLDTHWAITE a., Tr’s, Ap’es. No. 3658.Supreme Court of New Hampshire Rockingham. Decided May 6, 1947. Failure of an executor to use reasonable diligence in the execution of the provisions of a will is not justified by the fact that no demand was made upon […]
SUPERVISORY UNION 29 v. N.H. DEP’T OF EDUC., 125 N.H. 117 (1984)
480 A.2d 46 SUPERVISORY UNION 29 v. NEW HAMPSHIRE DEPARTMENT OF EDUCATION a. No. 83-141Supreme Court of New Hampshire Cheshire Decided July 2, 1984 1. Schools and School Districts — Non-Teaching Personnel — Status In a declaratory judgment action brought by a supervisory union against the department of education and State retirement system to determine […]
MANCHESTER v. STRAW, 86 N.H. 390 (1933)
169 A. 592 MANCHESTER v. ZATAE L. STRAW. Supreme Court of New Hampshire Hillsborough. Decided December 5, 1933. Assessments may be made against owners of property receiving special benefits from public improvements of a local character, not exceeding such benefits. The statute authorizing assessments for curbing in Manchester (Laws 1923, c. 222) does not arbitrarily […]
CLARK v. COMPANY, 62 N.H. 612 (1883)
CLARK, Adm’r, v. AMOSKEAG MANUFACTURING COMPANY. Supreme Court of New Hampshire Hillsborough. Decided June, 1883. The statute of limitations does not begin to run against a cause of action arising after an intestate’s decease until an administrator is appointed. An action lies in the name of the party with whom alone a written contract is […]
HAVINGTON v. GLOVER, 143 N.H. 291 (1998)
722 A.2d 500 MICHAEL HAVINGTON v. SHARON GLOVER No. 98-345Supreme Court of New Hampshire Concord District Court Decided December 31, 1998 1. Statutes — Maxims and Rules of Construction — LegislativeHistory or Intent Where meaning of statute was plain on its face, court was not required to determine whether legislative history supported plaintiff’s interpretation of […]
HUTCHINS v. BROWN, 77 N.H. 105 (1913)
88 A. 706 STEPHEN H. HUTCHINS, Ap’t, v. DANA J. BROWN. Supreme Court of New Hampshire Carroll. Decided October 7, 1913. An appeal from a probate decree appointing a guardian of a minor cannot be maintained by one whose property interests in a personal or representative capacity are not affected by the order and who […]
OPINION OF THE JUSTICES, 109 N.H. 473 (1969)
254 A.2d 845 OPINION OF THE JUSTICES. No. 5969.Supreme Court of New Hampshire Request of the Senate.Submitted July 1, 1969. Answer returned July 2, 1969. 1. An advisory opinion may be rendered to the Legislature, although in adjournment, where the opinion was requested while the Legislature was in session and is for the guidance of […]
MOUNTAIN SPRINGS WATER CO., INC., v. GODSTON, 121 N.H. 408 (1981)
430 A.2d 180 MOUNTAIN SPRINGS WATER CO., INC. v. JOEL GODSTON a. No. 80-262Supreme Court of New Hampshire Franklin District Court Decided May 11, 1981 1. Courts — District Court — Jurisdiction Where the outcome of the case would have affected the status of covenants contained or referred to in the deeds of all the […]
SAMPSON v. CONLON, 100 N.H. 70 (1955)
119 A.2d 707 LILLIAN M. SAMPSON, Trustee v. ARTHUR J. CONLON. No. 4442.Supreme Court of New Hampshire Coos.Submitted December 7, 1955. Decided December 31, 1955. Where a writ under which real estate was attached recited the defendant as “of parts unknown” whose last known residence was in another state the sheriff’s return of non est […]
FIRE INS. CO. v. SAUNDERS, 67 N.H. 249 (1892)
34 A. 670 NEW BOSTON FIRE INSURANCE CO. v. SAUNDERS. Supreme Court of New Hampshire Hillsborough. Decided June, 1892. If a mutual insurance company is required by its charter to make assessments on its deposit notes in proportion to their original amount, and by a later statute its members are liable only to the extent […]
FISHER v. CITY OF DOVER, 120 N.H. 187 (1980)
412 A.2d 1024 CLARA R. FISHER v. CITY OF DOVER a. No. 79-056Supreme Court of New Hampshire Strafford Decided March 13, 1980 1. Zoning — Variances — Application When a material change of circumstances affecting the merits of a zoning variance application has not occurred or the application is not for a use that materially […]
DONOVAN v. SMITH, 81 N.H. 83 (1923)
122 A. 451 JOSEPH C. DONOVAN, Trustee, v. M. LIZZIE SMITH a. Supreme Court of New Hampshire Merrimack. Decided June 5, 1923. Property devised to a life tenant with remainders upon certain contingencies may be sold pursuant to Laws 1893, c. 19, s. 1, and the property rights of each person so interested are preserved […]
COFFIN v. COFFIN, 81 N.H. 284 (1924)
124 A. 461 JOSEPHINE COFFIN v. WILLIAM COFFIN. Supreme Court of New Hampshire Grafton. Decided April 1, 1924. Upon the amendment of a libel by stating a different ground for divorce, after the trial, the question whether justice requires that the libelee be given a further hearing is for the determination of the trial court. […]
CITY OF CLAREMONT v. CRAIGUE, 135 N.H. 528 (1992)
608 A.2d 866 CITY OF CLAREMONT v. PAUL CRAIGUE a. No. 91-402Supreme Court of New Hampshire Sullivan Decided May 5, 1992 1. Municipal Corporations — Budgets — Voter Approval Legislature’s failure to provide for budgetary approval by a city’s voters in home rule statute manifests its intent to prohibit that form of government for cities. […]
STARK v. WINSLOW, 77 N.H. 599 (1914)
92 A. 733 CHARLES F. M. STARK, Ap’t, v. ARTHUR WINSLOW. Supreme Court of New Hampshire Merrimack. Decided December 1, 1914. PROBATE APPEAL. The plaintiff was cited into the probate court to settle his account as trustee under the will of Harriet Stark. The court not only charged him with the accumulated income of the […]
STATE v. INGERSON, 130 N.H. 112 (1987)
536 A.2d 161 THE STATE OF NEW HAMPSHIRE v. CONSTANCE L. INGERSON No. 86-179Supreme Court of New Hampshire Hillsborough Decided December 4, 1987 1. Criminal Law — Sentence — Constitutionality Fundamental fairness, a basis for a defendant’s due process right under the New Hampshire Constitution, entitles a defendant who receives a suspended sentence or whose […]
KELLY v. N.H. PARI-MUTUEL COMM., 127 N.H. 298 (1985)
499 A.2d 995 EDWIN C. KELLY a. v. NEW HAMPSHIRE PARI-MUTUEL COMMISSION No. 85-084Supreme Court of New Hampshire Rockingham Decided August 16, 1985 1. Gaming — Races — Horse Racing Participation in horse racing is a privilege such as the State may grant or withhold at pleasure. 2. Constitutional Law — Police Power — Particular […]
GUTBIER v. HANNAFORD BROS. CO., 150 N.H. 540 (2004)
842 A.2d 64 MARIANNE GUTBIER v. HANNAFORD BROTHERS CO. D/B/A HOOKSETT SHOP ‘N SAVE. No. 2003-236.Supreme Court of New Hampshire Hillsborough-northern Judicial DistrictArgued: November 5, 2003. Opinion Issued: February 13, 2004. 1. Equity — Jurisdiction — Discovery Where plaintiff knew the form that the action should take, i.e., an action in negligence, and knew the […]
FAIRFIELD v. AMHERST, 57 N.H. 479 (1876)
FAIRFIELD v. AMHERST. Supreme Court of New Hampshire FROM HILLSBOROUGH CIRCUIT COURT. Decided August 11, 1876. Discretion of court — Evidence. On a somewhat complicated statement of facts found by the court below, this court declined to revise the exercise of the discretion of that court in refusing a view. Introductory to the testimony of […]
METROPOLITAN PROP. LIABIL. INS. CO. v. WALKER, 136 N.H. 594 (1993)
620 A.2d 1020 METROPOLITAN PROPERTY LIABILITY INSURANCE COMPANY v. PAULINE WALKER No. 91-219Supreme Court of New Hampshire Hillsborough Decided February 12, 1993 1. Judgments — Summary Judgment — Standard for Granting Trial court will grant motion for summary judgment if, after considering all evidence in light most favorable to non-moving party, it finds that there […]
GROGAN v. YORK, 93 N.H. 184 (1944)
38 A.2d 295 ERNEST H. GROGAN, by his next friend v. EDWIN J. YORK. SAME v. HAROLD T. HANSON. WESLEY E. GROGAN v. EDWIN J. YORK. SAME v. HAROLD T. HANSON. No. 3470.Supreme Court of New Hampshire Strafford. Decided May 2, 1944. The question whether the defendant in driving his truck so close to the […]
MORIN v. COMPANY, 78 N.H. 567 (1918)
103 A. 312 AIMEE MORIN, Adm’x, v. NASHUA MANUFACTURING COMPANY. Supreme Court of New Hampshire Hillsborough. Decided April 2, 1918. A movable elevator, operated by hand-power, is a “hoisting apparatus” within the meaning of Laws 1911, c. 163, s. 1; and a power-driven elevator used for carrying employees while at their work is “machinery . […]
KIMBALL v. COTTON, 58 N.H. 515 (1879)
KIMBALL v. COTTON a. Supreme Court of New Hampshire Rockingham. Decided March, 1879. In a writ of entry on a mortgage conditioned to pay several notes due at different dates, with interest from date, the notes being written with annual interest from date, the plaintiff is entitled to judgment for the annual interest due on […]
SCHOOL-DISTRICTS v. EASTMAN, 60 N.H. 584 (1881)
SCHOOL-DISTRICTS 4 AND 5 IN HAMPSTEAD v. EASTMAN a. Supreme Court of New Hampshire Rockingham. Decided June, 1881. G. C. G. K. Bartlett and Wiggin, for the plaintiffs. Sawyer Sawyer, Jr., for the defendants. PETITION, for a writ of certiorari to quash the proceedings of a board of selectmen and school committee changing the lines […]
PATENAUDE v. TOWN OF MEREDITH, 118 N.H. 616 (1978)
392 A.2d 582 HENRY PATENAUDE v. TOWN OF MEREDITH No. 7967Supreme Court of New Hampshire Belknap Decided September 27, 1978 1. Zoning — Planning Authorities — Planning Recreational Areas in Subdivisions In exercising their statutory discretion to determine the size of recreational areas in subdivisions, regulating boards must take relevant factors into account, and must […]
IN RE DEVIN ESTATE, 108 N.H. 190 (1967)
230 A.2d 735 IN RE ETHEL W. DEVIN ESTATE. No. 5601.Supreme Court of New Hampshire Strafford Probate Court.Argued April 4, 1967. Decided June 30, 1967. 1. In a bequest of the residue of the testatrix’ estate in equal shares unto two named legatees “to them and their heirs and assigns,” where the two legatees had […]
STANIELS v. WHITCHER, 72 N.H. 451 (1904)
57 A. 678 STANIELS v. WHITCHER a. Supreme Court of New Hampshire Strafford. Decided March 1, 1904. A mortgage executed and delivered on the day preceding the advancement of the loan intended to be secured thereby takes effect on the latter date, and is not given to secure a future liability, within the meaning of […]
EMERSON v. COBB, 88 N.H. 199 (1936)
186 A. 12 EDNAH S. EMERSON v. MARION COBB. JAMES EMERSON v. SAME. Supreme Court of New Hampshire Merrimack. Decided June 25, 1936. Errors which occur in the course of a trial are not necessarily incurable and the effect of evidence which comes improperly before a jury may be cured by an order that it […]
MERRIMACK RIVER SAV. BANK v. HIGGINS, 89 N.H. 154 (1937)
195 A. 369 MERRIMACK RIVER SAVINGS BANK v. WILSON F. HIGGINS. Supreme Court of New Hampshire Hillsborough. Decided November 2, 1937. A negotiable instrument payable on demand is, as regards the effect of the statute of limitations upon the liability of maker and indorser, a promise to pay forthwith. P.L., c. 312, s. 7. A […]
BARBUTO v. PEERLESS INS., 156 N.H. 565 (2007)
LEAH BARBUTO v. PEERLESS INSURANCE COMPANY. No. 2006-879.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: September 6, 2007. Opinion Issued: December 18, 2007. 1. Insurance — Policies — Uninsured/Underinsured Motorists The “Uninsured Motorists Coverage” section of a policy providing that “[t]he limit of liability shall be reduced by all sums paid because of the `bodily […]
FOWLER v. WHELAN, 83 N.H. 453 (1928)
144 A. 63 FREDERICK W. FOWLER, Ex’r, v. BELLE WHELAN a. Supreme Court of New Hampshire Belknap. Decided December 4, 1928. The general rule that a legacy of a gross sum to several legatees by name, to be equally divided between them, will lapse as to those who predecease the testator, yields to the paramount […]
STATE v. MUSCARELLO, 92 N.H. 214 (1942)
29 A.2d 115 STATE v. ANGELO J. MUSCARELLO. No. 3354.Supreme Court of New Hampshire Rockingham. Decided November 4, 1942. The transportation into this state of more than three quarts of intoxicating liquor, though legally purchased in another State, is a violation of R.L., c. 170, ss. 33, 34. What is within the legally proved intention […]
LAWSON v. KIMBALL, 68 N.H. 549 (1896)
38 A. 380 LAWSON a. v. KIMBALL a. Supreme Court of New Hampshire Hillsborough. Decided June, 1896. A sub-contractor who has given due notice that he shall claim a lien under P. S., c. 141, s. 13, is not required to furnish at the end of each period of thirty days an account in writing […]
STATE v. AMERIGAS PROPANE, 146 N.H. 267 (2001)
769 A.2d 401 THE STATE OF NEW HAMPSHIRE v. AMERIGAS PROPANE LP, INC. No. 99-278Supreme Court of New Hampshire Belknap Decided April 9, 2001 1. Criminal Law — Defenses — Statute of Limitations Because the applicable statute of limitations in a criminal case provides the primary guarantee against bringing stale criminal charges, the doctrine of […]
GUAY v. COMPANY, 83 N.H. 392 (1928)
142 A. 697 MARIE L. R. GUAY, Adm’x, v. BROWN COMPANY. Supreme Court of New Hampshire Coos. Decided June 28, 1928. A petition under the workmen’s compensation act (Laws 1911, c. 163, s. 9) which sets forth that the petitioner’s decedent was an employee of the defendant engaged in hard manual labor, that he had […]
GANGI v. CUNNINGHAM, WARDEN, 127 N.H. 780 (1986)
508 A.2d 1050 MATTHEW R. GANGI v. MICHAEL CUNNINGHAM, WARDEN, NEW HAMPSHIRE STATE PRISON No. 85-025Supreme Court of New Hampshire Hillsborough Decided April 9, 1986 Habeas Corpus — Denial of Relief — Moot Question Dismissal of habeas corpus petition challenging the prison disciplinary board’s revocation of all inmate’s good conduct credits, as a consequence of […]
DARTMOUTH COLLEGE v. CAMERON, 77 N.H. 66 (1913)
87 A. 254 TRUSTEES OF DARTMOUTH COLLEGE v. DONALD A. CAMERON a. Supreme Court of New Hampshire Coos. Decided April 17, 1913. Where disputes as to the quantity of logs cut and delivered from a certain tract arise between a lumber operator and a lot-owner and between the owner and his vendee, the issue in […]
BARTLETT v. MANSFIELD, 76 N.H. 582 (1913)
85 A. 756 BARTLETT v. MANSFIELD. Supreme Court of New Hampshire Hillsborough. Decided January 7, 1913. DEBT, against a selectman, to recover the penalty imposed by section 16, chapter 57, Public Statutes. Trial by jury and verdict for the defendant. Transferred from the January term, 1912, of the superior court by Mitchell, J. on exceptions […]
SECURITY NAT. BANK v. PORTER, 79 N.H. 344 (1920)
109 A. 46 SECURITY NAT. BANK OF JACKSON v. ALBERT E. PORTER a. Supreme Court of New Hampshire Grafton. Decided January 6, 1920. In an action by the indorsee of notes against the maker, where the defence was the fraud of the payee in procuring the notes, the unexplained facts that the plaintiff directed one […]
STATE v. MEANEY, 129 N.H. 448 (1987)
529 A.2d 384 THE STATE OF NEW HAMPSHIRE v. STEVEN E. MEANEY No. 86-431Supreme Court of New Hampshire Merrimack Decided June 8, 1987 1. Assault and Battery — Criminal Assault — Elements When a person purposely or knowingly causes bodily injury to another by means of a deadly weapon, he or she is guilty of […]
CLARK v. SHARPE, 76 N.H. 446 (1912)
83 A. 1090 CLARK, Adm’r, v. SHARPE. Supreme Court of New Hampshire Strafford. Decided June 28, 1912. In the ordinary contract of letting there is no warranty that the premises are safe or suitable for the uses intended. A landlord is not liable to his tenant for an injury resulting from an unsuitable condition of […]
DEMARS v. GLEN MFG. CO., 67 N.H. 404 (1892)
40 A. 902 DEMARS v. GLEN MANUFACTURING COMPANY. Supreme Court of New Hampshire Coos. Decided December, 1892. A master may be liable for injuries sustained by his servant in consequence of apparent defects in a machine which the latter is using, if on account of his inexperience he does not know the peculiar dangers incident […]
N.H. DIV. OF HUMAN SERVICES v. HAHN, 133 N.H. 776 (1990)
584 A.2d 775 THE NEW HAMPSHIRE DIVISION OF HUMAN SERVICES, ex rel. NANCY M. HAHN v. DENNIS R. HAHN No. 90-067Supreme Court of New Hampshire Hillsborough Decided December 31, 1990 1. Statutes — Construction and Application — Plain Meaning To the extent statutory terms are not specifically defined, language will be given its plain and […]
BOHAN v. RITZO, 141 N.H. 210 (1996)
679 A.2d 597 JAMES BOHAN v. JAMES AND CAROL RITZO No. 94-696Supreme Court of New Hampshire Rockingham Decided July 19, 1996 1. Trial — Findings — Sufficiency Both the plaintiff’s writ and opening statement set forth facts which, if believed by the jury after hearing the evidence, would be sufficient to establish a claim under […]
CORNING v. RECORDS, 69 N.H. 390 (1898)
46 A. 462 CORNING v. RECORDS Tr., CLARK, Claimant. SAME v. SAME. LOVEJOY v. SAME. Supreme Court of New Hampshire Grafton. Decided June, 1898. A sale of chattels in the custody of a lessee is valid as against creditors of the vendor without actual delivery and change of possession, and is not invalidated by failure […]