276 A.2d 6 WALTER BRUCHHAUSEN a. v. EDWIN C. WALTON a. No. 6075.Supreme Court of New Hampshire Coos. Decided April 5, 1971. 1. A conveyance of “all my right, title and interest in an easement over the northerly portion of certain premises owned by me” was properly interpreted as a grant of a new easement […]
Category: New Hampshire Court Opinions
GAGE v. DUDLEY, 64 N.H. 437 (1887)
13 A. 865 GAGE v. DUDLEY. Supreme Court of New Hampshire Merrimack. Decided December, 1887. The removal of a tax-collector from town vacates his office. A tax-collector has no authority, outside of the town in which he has his appointment, to seize the property of a resident of the town to enforce the collection of […]
IN RE HOME FOR CHILDREN, 155 N.H. 528 (2007)
PETITION OF CHASE HOME FOR CHILDREN a. (New Hampshire Department of Health and Human Services). Nos. 2006-070, 2006-219.Supreme Court of New Hampshire Department of Health and Human Services.Argued: January 11, 2007. Opinion Issued: June 8, 2007. 1. Administrative Law — Administrative Appeal— Writs of Certiorari Because there is no statutory provision for appellate review of […]
STATE v. NOVOSEL, 120 N.H. 176 (1980)
412 A.2d 739 THE STATE OF NEW HAMPSHIRE v. VIKTOR NOVOSEL No. 79-049Supreme Court of New Hampshire Merrimack Decided March 13, 1980 1. Constitutional Law — Due Process — Sentence Because it would be extremely difficult to prove the actual existence of a retaliatory motivation, no vindictive motive on the part of the prosecution need […]
PIPER v. MEREDITH, 83 N.H. 107 (1927)
139 A. 294 OSCAR G. PIPER v. MEREDITH. Supreme Court of New Hampshire Belknap. Decided October 4, 1927. For the purpose of taxation it is immaterial who is the ultimate owner of the fee since title is not the test of taxability. A perpetual lease upon condition conveys to the lessee a determinable or base […]
LAMPESIS v. COMOLLI, 101 N.H. 491 (1958)
147 A.2d 114 JAMES T. LAMPESIS v. JOSEPH F. COMOLLI. No. 4700.Supreme Court of New Hampshire Strafford.Argued December 2, 1958. Decided December 31, 1958. 1. Where the Supreme Court in awarding a new trial in an action of deceit because of error in the instructions to the jury on the issue of damages deemed it […]
IN RE GUARDIANSHIP OF KAPITULA, 153 N.H. 492 (2006)
IN RE GUARDIANSHIP OF THEODORE KAPITULA. No. 2005-005.Supreme Court of New Hampshire Merrimack County Probate Court.Submitted: January 12, 2006. Opinion Issued: May 17, 2006. 1. Mental Health — Guardians of Incapacitated Persons — Appointment Nothing in the plain language of the statute on findings requires that the probate court provide written illumination of all facts […]
BROWN v. FITZGERALD, 70 N.H. 211 (1899)
47 A. 415 BROWN a. v. FITZGERALD. Supreme Court of New Hampshire Hillsborough. Decided December, 1899. Whether justice requires the allowance of an amendment to an answer in equity is a question of fact determinable at the trial term. An allegation of deceit in a sale of land is supported by evidence that the vendors, […]
ROSENBLUM v. GRIFFIN, 89 N.H. 314 (1938)
197 A. 701 MORRIS ROSENBLUM a. v. JOHN F. GRIFFIN, Comm’r of Motor Vehicles. ALFRED J. GOREY v. SAME. Supreme Court of New Hampshire Hillsborough. Decided March 1, 1938. A statutory provision that a motor vehicle may not be operated upon the public highways until adequate provision has been made for compensation to persons injured […]
STANYAN v. PETERBOROUGH, 69 N.H. 372 (1898)
46 A. 191 STANYAN v. PETERBOROUGH. Supreme Court of New Hampshire Hillsborough. Decided June, 1898. An action cannot be maintained against a town for neglect to keep guide-boards in suitable repair, under P. S., c. 78, s. 2, unless notice of an intention to bring such suit has been given, as required by P. S., […]
WEEKS v. CO-OPERATIVE INS. COS., 149 N.H. 174 (2003)
817 A.2d 292 BILL O. WEEKS v. CO-OPERATIVE INSURANCE COMPANIES No. 2002-105Supreme Court of New Hampshire CoosArgued January 8, 2003 Opinion Issued February 19, 2003 1. Insurance — Policies — Exclusionary Clauses If a policy insures against “direct physical loss of or damage to Covered Property,” the exception to the exclusion for faulty workmanship does […]
JEANSON v. JEANSON, 96 N.H. 308 (1950)
75 A.2d 718 LEODORE G. JEANSON v. ALPHONSINE JEANSON. No. 3948.Supreme Court of New Hampshire Merrimack. Decided October 3, 1950. A decree of legal separation on the ground of adultery was properly granted where the cumulative effect of the evidence as a whole, although circumstantial, was sufficient to support the decree. Laws 1949, c. 145 […]
PRIDHAM v. CASH CARRY BLDG. CENTER, INC., 116 N.H. 292 (1976)
359 A.2d 193 PHILIP R. PRIDHAM, ADMINISTRATOR, ESTATE OF HERBERT PRIDHAM v. CASH CARRY BUILDING CENTER, INC. No. 7191Supreme Court of New Hampshire Rockingham Decided May 29, 1976 1. The defendant had a duty, extended to all parts of the premises in which a business invitee may reasonably be expected, to use reasonable care not […]
DUNN v. CLD PAVING, 140 N.H. 120 (1995)
663 A.2d 104 CLAYTON L. DUNN v. CLD PAVING, INC. No. 94-089Supreme Court of New Hampshire Belknap Decided August 9, 1995 1. Contracts — Indemnification — Constructions of Indemnity Provisions The court analyzes indemnity provisions in the same way it does other contract provisions; it looks to the parties’ intent at the time the agreement […]
CROSS v. GRANT, 62 N.H. 675 (1883)
CROSS v. GRANT Supreme Court of New Hampshire Coos. Decided June, 1883. When the verdict is general and the declaration consists of more than one count, the jury may be asked upon which count the verdict is founded. The assent of the whole panel to the answer of the foreman is presumed if no juror […]
RESIDENTS v. LONE, 155 N.H. 486 (2007)
RESIDENTS DEFENDING THEIR HOMES a. v. LONE PINE HUNTERS’ CLUB, INC. a. No. 2006-143.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: January 5, 2007. Opinion Issued: May 25, 2007. 1. Zoning and Planning — Generally —Exceptions, Variances, and Nonconforming Uses The law that a nonconforming use is permissible only where it legally exists at the […]
MORSE v. MORSE, 58 N.H. 391 (1878)
MORSE a. v. MORSE a. Supreme Court of New Hampshire Rockingham. Decided August, 1878. The question of construction, whether a mortgage conveys the whole of a tract of land or only half of its in common and undivided, is a question of the intention of the parties, to be determined, like a question of fact, […]
STATE v. GLODGETT, 148 N.H. 577 (2002)
813 A.2d 444 THE STATE OF NEW HAMPSHIRE v. Rodney Glodgett Supreme Court of New Hampshire Hillsborough-northern judicial district Merrimack Nos. 2001-240, 2000-531Argued September 19, 2002 Opinion Issued November 26, 2002 1. Evidence — Other Bad Acts — Particular Cases In a prosecution for felonious sexual assault, the trial court did not abuse its discretion […]
MYERS COMPANY v. PICHE, 109 N.H. 357 (1969)
252 A.2d 427 F. W. MYERS CO. v. FRANCIS J. PICHE. No. 5859.Supreme Court of New Hampshire Belknap.Argued March 4, 1969. Decided April 30, 1969. 1. In an action by a foreign corporate customs broker to recover the duty paid by it on behalf of the resident defendant consignee on a shipment of goods from […]
GILMAN v. COUNTY OF CHESHIRE, 126 N.H. 445 (1985)
493 A.2d 485 GEORGE H. GILMAN, ADM’R OF THE ESTATE OF JOSEPH L. GILMAN, SR. v. COUNTY OF CHESHIRE No. 84-272Supreme Court of New Hampshire Cheshire Decided April 19, 1985 1. Public Employees — Sick Leave Because sick leave benefits constitute part of a public employee’s compensation, they form a part of the employment contract, […]
RICHARDSON v. BEATTIE, 98 N.H. 71 (1953)
95 A.2d 122 MARY G. RICHARDSON a. v. BEATRICE BEATTIE a. No. 4128.Supreme Court of New Hampshire Hillsborough. Decided March 3, 1953. The authority to exercise the power granted to the State Board of Health (R. L., c. 166, ss. 14, 15) to promulgate regulations, upon petition to it, against pollution or contamination of public […]
IN RE ESTATE OF PRATT, 144 N.H. 564 (1999)
744 A.2d 1125 IN RE ESTATE OF DAVID R. PRATT No. 98-123Supreme Court of New Hampshire Cheshire County Probate Court Decided December 29, 1999 1. Executors and Administrators — Actions and Proceedings — Statutory Provisions Probate court erred in concluding that time limits set forth in statute barred petitioner’s objection to executor’s final account; by […]
STATE v. BARON, 106 N.H. 149 (1965)
207 A.2d 447 STATE v. AUDIAS A. BARON. No. 5282.Supreme Court of New Hampshire Hillsborough.Argued December 2, 1964. Decided February 26, 1965. 1. In an indictment for breaking and entering with intent to commit larceny in a private dwelling the Superior Court for the county within which the offense was committed was held to have […]
BUTTRICK v. LESSARD, 110 N.H. 36 (1969)
260 A.2d 111 CLIFTON R. BUTTRICK v. ARTHUR LESSARD SONS, INC. No. 5813.Supreme Court of New Hampshire Merrimack. Decided December 30, 1969. 1. An action for personal injuries and property damage resulting from a defect in a motor vehicle may be maintained on strict liability in tort against the seller engaged in the business of […]
BIELAGUS v. EMRE OF NEW HAMPSHIRE CORP., 149 N.H. 635 (2003)
826 A.2d 559 Barbara Bielagus a. v. EMRE of New Hampshire Corp., d/b/a Carlson Real Estate Better Homes and Gardens and Norwood Realty Better Homes and Gardens No. 2002-180Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued February 6, 2003 Opinion Issued July 1, 2003 1. Corporations — Suits Against Corporations — Successor Liability The standard […]
SMITH v. WETHERELL, 89 N.H. 106 (1937)
193 A. 216, 194 A. 129 D. ROY SMITH v. CHARLES L. WETHERELL a. Supreme Court of New Hampshire Strafford. Decided June 24, 1937. Unpaid rent accruing after an assignment by the lessor of his interest in the lease is payable to his assignee. The obligation of a lessee to pay rent to the lessor […]
STATE v. CONANT, 139 N.H. 728 (1995)
662 A.2d 283 THE STATE OF NEW HAMPSHIRE v. CRAIG CONANT No. 94-006Supreme Court of New Hampshire Cheshire Decided July 11, 1995 1. Search and Seizure — Generally — Electronic Surveillance Under RSA 570-A:2, II(d), reasonable suspicion to intercept a wire or oral communication exists when specific and articulable facts which, taken together with rational […]
DURKIN v. DURKIN, 119 N.H. 41 (1979)
397 A.2d 304 SHIRLEY DURKIN v. PAUL DURKIN No. 78-223Supreme Court of New Hampshire Rockingham Decided January 31, 1979 1. Divorce — Property Settlement — Modification Rule disallowing modification of property settlement made pursuant to a divorce does not apply when it is shown that a stipulation was signed due to fraud, undue influence, deceit, […]
REAL ESTATE ADVISORS v. WHITTIER LIFTS, 132 N.H. 638 (1990)
573 A.2d 877 REAL ESTATE ADVISORS, INC. d/b/a THE CHENEY COMPANIES v. WHITTIER LIFTS, INC. WHITTIER LIFTS TRUST WHITTIER LIFTS, INC. WHITTIER LIFTS TRUST v. WALTER CHENEY No. 88-119Supreme Court of New Hampshire Carroll Decided January 31, 1990 1. Contracts — Specific Performance — Purchase and Sale Agreements Superior court properly dismissed buyer’s petition for […]
ELLSWORTH v. BROWN, 55 N.H. 396 (1875)
ELLSWORTH v. BROWN. Supreme Court of New Hampshire Grafton. Decided March 12, 1875. It appearing by an auditor’s report that the defendant’s damage, sustained by the breach of a special contract, was greater than the balance of the plaintiff’s claim after deducting the defendant’s setoff, and it also appearing that the items of the set-off […]
RAY v. SCRIPTURE, 67 N.H. 260 (1892)
29 A. 454 RAY a. v. SCRIPTURE a. Supreme Court of New Hampshire Hillsborough. Decided June, 1892. In a foreclosure of a mortgage of land by entry under process of law and continued actual possession for one year, the foreclosure does not extend to a part of the mortgaged land which was occupied by a […]
CALDWELL v. DREW, 109 N.H. 91 (1968)
243 A.2d 304 FREDERICK J. CALDWELL v. EDWARD E. DREW, JR. No. 5599.Supreme Court of New Hampshire Merrimack.Argued February 6, 1968. Decided June 28, 1968. 1. Instructions to the jury that there was “no evidence” that the defendant exceeded the posted prima facie speed limit, in the context of the charge, was the equivalent of […]
MADDOCK v. CHASE, 94 N.H. 241 (1947)
51 A.2d 145 WILLARD C. MADDOCK a. v. ETHEL M. CHASE. No. 3619.Supreme Court of New Hampshire Rockingham. Decided February 4, 1947. In the absence of an express agreement or right acquired by usage, there is no obligation between owners of distinct parts of a building which will enable either to maintain an action in […]
STATE v. HUTCHINSON, 137 N.H. 591 (1993)
631 A.2d 523 THE STATE OF NEW HAMPSHIRE v. WALTER E. HUTCHINSON, JR. No. 92-004Supreme Court of New Hampshire Rockingham Decided September 16, 1993 1. Trial — Jury Instructions — Wording Requirement that a defendant be tried only for crimes for which he or she has been indicted is not violated whenever a trial judge […]
SIBSON v. STATE, 115 N.H. 124 (1975)
336 A.2d 239 HOWARD W. SIBSON a. v. STATE OF NEW HAMPSHIRE No. 6904Supreme Court of New Hampshire Rockingham Decided March 31, 1975 1. Controlling and restricting the filling of wetlands is clearly within the scope of the police power of the State. 2. A police power regulation that destroys all or substantially all of […]
SWEENEY v. DOVER, 108 N.H. 307 (1967)
234 A.2d 521 MICHAEL E. SWEENEY v. DOVER. No. 5609.Supreme Court of New Hampshire Strafford.Argued May 2, 1967. Decided October 31, 1967. 1. The issue presented by an appeal to the Superior Court from the decision of a zoning board of adjustment denying a variance from the terms of a zoning ordinance is whether upon […]
FILLMORE v. FILLMORE, 147 N.H. 283 (2001)
786 A.2d 849 DIANE FILLMORE v. FRANKLIN B. FILLMORE, JR. No. 2000-266Supreme Court of New Hampshire Goffstown District Court Decided December 11, 2001 1. Domestic Violence — Abuse Prevention — Protective Orders In order for the trial court to issue a temporary protective order, a petitioner must demonstrate that he or she is in “immediate […]
TODD, EX’R v. ROMANO, 131 N.H. 96 (1988)
550 A.2d 111 DAVID TODD, EXECUTOR v. ATTILIO ROMANO No. 88-072Supreme Court of New Hampshire Keene District Court Decided November 4, 1988 Debtor and Creditor — Exemption From Levy — Social Security Benefits Where defendant had neither assets nor a source of income other than his social security benefits, district court order in small claims […]
PATTEN v. PATTEN, 68 N.H. 603 (1894)
44 A. 134 PATTEN v. PATTEN a. Supreme Court of New Hampshire Sullivan. Decided June, 1894. ASSUMPSIT, for fees paid to fence-viewers and for services in building a fence. Facts agreed. November 26, 1863, John S. Sanborn conveyed one acre, parcel of his farm, to Thomas Eastman, by a deed containing a clause as follows: […]
COLEMAN v. BURNS, 103 N.H. 313 (1961)
171 A.2d 33 GEORGE COLEMAN v. STANLEY M. BURNS, Tr. No. 4916.Supreme Court of New Hampshire Strafford.Argued April 5, 1961. Decided May 31, 1961. 1. A life estate devised by will may validly be renounced without a writing. 2. A holder of a life estate interest in real estate devised by will who for the […]
DOUGLAS’ CASE, 156 N.H. 613 (2007)
DOUGLAS’ CASE. No. LD-2003-004.Supreme Court of New Hampshire. Original.Argued: November 13, 2007. Opinion Issued: December 28, 2007. 1. Attorneys — Professional Conduct Rules — Violations Where, instead of safeguarding money which she was keeping in trust for her client, attorney withdrew the money from the trust account, without her client’s knowledge or permission, and applied […]
PAPPAS v. CITY OF MANCHESTER ZONING BD., 117 N.H. 622 (1977)
376 A.2d 885 WILLIAM PAPPAS v. CITY OF MANCHESTER ZONING BOARD OF ADJUSTMENT No. 7723Supreme Court of New Hampshire Hillsborough Decided July 25, 1977 1. Zoning — Presumptions In zoning appeal there is statutory presumption that all findings of zoning board of adjustment are prima facie lawful and reasonable. RSA 31:78. Page 623 2. Zoning […]
STEER v. DOW, 75 N.H. 95 (1908)
71 A. 217 STEER v. DOW Tr. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1908. With certain exceptions, a trustee is chargeable for all funds of the defendant which may come to his hands up to the time of disclosure. Renewal commissions due from an insurance company to its agent are not exempt […]
FLOOD v. CARON, 122 N.H. 60 (1982)
441 A.2d 733 PETER J. FLOOD a. v. HENRY E. CARON a. No. 81-087Supreme Court of New Hampshire Hillsborough Decided January 20, 1982 1. Statutes — Construction and Application — Particular Words and Phrases The supreme court has held that, under the statute permitting the superior court to modify or correct an arbitration award for […]
IN RE MORRIS, 111 N.H. 287 (1971)
281 A.2d 156 IN RE JOSEPHINE McQUESTEN MORRIS. No. 6223.Supreme Court of New Hampshire Hillsborough Probate Court. Decided July 29, 1971. 1. The statutory duty of a guardian to improve the estate of his incompetent ward frugally and without waste and to devote the income from the estate to maintain the ward and his family […]
SEVIGNY v. COMPANY, 81 N.H. 311 (1924)
125 A. 262 VENA SEVIGNY v. J. SPAULDING SONS COMPANY. Supreme Court of New Hampshire Strafford. Decided June 3, 1924. The promise of a master to remedy defects or deficiencies in his instrumentalities relieves the servant of his implied assumption of the risk while he remains at work on the strength of the promise; and […]
STATE v. ADDISON, 159 N.H. 87 (2009)
THE STATE OF NEW HAMPSHIRE v. MICHAEL ADDISON. No. 2008-945.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: June 16, 2009. Opinion Issued: July 9, 2009. 1. Homicide — Death Penalty — Generally The portion of the capital murder appeals statute requiring that cases “shall be heard in accordance with rules adopted by said court” does […]
MANSUR v. MUSKOPF, 159 N.H. 216 (2009)
RICHARD MANSUR a. v. DAVID MUSKOPF a. DAVID MUSKOPF a. SWALLOW POINT ASSOCIATION. No. 2008-776.Supreme Court of New Hampshire. Carroll.Argued: June 16, 2009. Opinion Issued: August 5, 2009. 1. Deeds — Construction — Generally The interpretation of a deeded right of way is ultimately a question of law for a court to decide by determining […]
LABOR v. PUBLIC SERVICE CO. OF N.H., 92 N.H. 256 (1942)
29 A.2d 459 GRACE E. LABOR, Adm’x v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. No. 3364.Supreme Court of New Hampshire Hillsborough. Decided December 1, 1942. In an action by an administratrix against a utility for negligently maintaining an electric light pole about four feet from the traveled part of a highway when her intestate ran […]
GIGNOUX v. BILBRUCK, 63 N.H. 22 (1884)
GIGNOUX v. BILBRUCK. Supreme Court of New Hampshire Rockingham. Decided June, 1884. By an assignment in insolvency the debtor’s intoxicating liquor passes like other property not exempt from attachment; and the assignee can lawfully sell it, and recover the price. ASSUMPSIT, to recover the price of intoxicating liquors sold at private sale and at different […]
HUMPHREYS CORP. v. MARGO LYN CO., 109 N.H. 498 (1969)
256 A.2d 149 HUMPHREYS CORPORATION v. MARGO LYN, INC. No. 5852.Supreme Court of New Hampshire Merrimack.Argued May 6, 1969. Decided July 30, 1969. 1. The statute (RSA 516:23) providing that no party shall be compelled in a deposition to disclose the names of his witnesses does not apply to a corporation’s agents or employees. 2. […]
NAULT v. TIRADO, 155 N.H. 449 (2007)
STEVEN NAULT v. MICHELLE TIRADO. No. 2006-548.Supreme Court of New Hampshire Rockingham.Argued: April 17, 2007. Opinion Issued: May 15, 2007. 1. Process — Service of Summons and Complaint — Dwelling or Abode The issue critical to determining whether service has been properly perfected on an “abode” is whether the place where the process is left […]
FOSTER v. BARTLETT, 62 N.H. 617 (1883)
FOSTER v. BARTLETT. Supreme Court of New Hampshire Hillsborough. Decided June, 1883. A depositor of money with another, who agrees, but neglects or refuses, to pay it to a third person, may, at his election, recover damages for the breach of the agreement, or treat the contract as rescinded, and recover the money. ASSUMPSIT, on […]
SOCIETY HILL AT MERRIMACK CONDO. v. TOWN OF MERRIMACK, 139 N.H. 253 (1994)
651 A.2d 928 SOCIETY HILL AT MERRIMACK CONDO. ASSOC. a. v. TOWN OF MERRIMACK No. 93-426Supreme Court of New Hampshire December 28, 1994 1. Taxation — Assessment of Real Property Taxes — Valuation Factors To succeed in being granted an abatement of taxes, the plaintiffs have the burden of proving by a preponderance of the […]
BANK COMMISSIONERS v. TRUST CO., 69 N.H. 621 (1899)
44 A. 130 BANK COMMISSIONERS v. NEW HAMPSHIRE TRUST CO. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. Insolvency proceedings against a bank begin with the appointment of an assignee, and claims of creditors should be proved as of that date. Such proceedings do not rescind contracts, but disable the bank from performing the […]
STATE v. NOWELL, 58 N.H. 314 (1878)
STATE v. NOWELL. Supreme Court of New Hampshire Rockingham. Decided June, 1878. A statute, which provides that a clerk, servant, or agent shall not be excused from testifying against his principal, but that his testimony so given shall not in any prosecution be used as evidence against himself, and that he shall not be thereafter […]
APPEAL OF ROCKINGHAM COUNTY SHERIFF’S DEP’T, 144 N.H. 194 (1999)
737 A.2d 1130 APPEAL OF ROCKINGHAM COUNTY SHERIFF’S DEPARTMENT (New Hampshire Compensation Appeals Board) No. 98-288Supreme Court of New Hampshire Compensation Appeals Board Decided September 13, 1999 1. Workers’ Compensation — Proceedings To Secure Compensation — Burden of Proof Although burden of production may shift, claimant seeking workers’ compensation benefits retains burden of persuasion on […]
ROLLINS v. HAVEN, 69 N.H. 415 (1898)
45 A. 141 ROLLINS, Ex’r, a. v. HAVEN a. Supreme Court of New Hampshire Rockingham. Decided December, 1898. A bequest of “my residuary property” will not include that which the testatrix, in the execution of a power, had added to her residue to be disposed of according to directions in her will, when it appears […]
NARDI’S CASE, 122 N.H. 277 (1982)
444 A.2d 512 NARDI’S CASE No. 81-059Supreme Court of New Hampshire Original Decided March 26, 1982 1. Attorney and Client — Disciplinary Proceedings — Purpose The supreme court is obligated to discipline a lawyer appropriately when the lawyer’s conduct seriously deviates from professional norms. 2. Attorney and Client — Disciplinary Proceedings — Purpose The purposes […]
CLARK v. MANCHESTER, 62 N.H. 577 (1883)
CLARK, Adm’r, v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided June, 1883. A municipal corporation, in the absence of a statute creating the liability, is not liable for an injury resulting from a neglect of a public corporate duty, from the performance of which no special benefit or advantage, pecuniary or otherwise, is derived. […]
CLARK v. MARSHALL, 62 N.H. 498 (1883)
CLARK v. MARSHALL. Supreme Court of New Hampshire Belknap. Decided June, 1883. An incorporated or unincorporated person, buying property for full value of one who is his agent, is not chargeable with constructive notice of the grantor’s undisclosed purpose to hinder and delay his creditors. On the plea of nul disseizin, title in a third […]
BISHOP v. TOWN OF MILFORD, 117 N.H. 530 (1977)
375 A.2d 594 RAYMOND BISHOP ETHEL BISHOP v. TOWN OF MILFORD No. 7718Supreme Court of New Hampshire Original Decided June 20, 1977 Appeal and Error — Dismissal on Appeal — Delay Petition for review of superior court’s dismissal of petition for tax abatement would be dismissed by supreme court for failure to seasonably prosecute appeal […]
IN RE PLAISTED ESTATE, 109 N.H. 350 (1969)
253 A.2d 48 IN RE BEATRICE M. PLAISTED ESTATE. No. 5821.Supreme Court of New Hampshire Hillsborough Probate Court.Submitted April 2, 1969. Decided April 30, 1969. 1. The determination of whether a person, who takes property by virtue of the antilapse statute “as heirs in the descending line of a legatee” (RSA 551:12), is exempt from […]
SYLVESTER v. NEWHALL, 97 N.H. 267 (1952)
85 A.2d 378 JOSEPH S. SYLVESTER, JR., Ap’t v. CHARLES B. NEWHALL, Ex’r a, Ap’ees. No. 4084.Supreme Court of New Hampshire Carroll. Decided January 2, 1952. Although the testatrix used the words “child” or “children of mine” in certain provisions of her will and the words “my issue” or “issue of mine” in certain other […]
SHERMAN v. GRACIANO, 152 N.H. 119 (2005)
872 A.2d 1045 MICHAEL S. SHERMAN, M.D. v. JOSEPH M. GRACIANO, M.D. a. No. 2004-634.Supreme Court of New Hampshire Strafford.Argued: March 23, 2005. Opinion Issued: April 11, 2005. 1. Contracts — Construction — Ambiguity A clause is ambiguous when the contracting parties reasonably differ as to its meaning. 2. Contracts — Construction — Ambiguity The […]
BATCHELDER v. FOTTLER, 62 N.H. 445 (1883)
BATCHELDER a. v. FOTTLER. Supreme Court of New Hampshire Rockingham. Decided June, 1883. The change in the homestead laws by the revision of 1867 (Gen. St., c. 124, s. 1) did not repeal the provision for a homestead to a widow in her husband’s estate against his heirs, but preserved the right in all cases […]
FISHER v. FITCHBURG MUT. INS. CO., 131 N.H. 769 (1989)
560 A.2d 630 DAVID A. FISHER AND JULIE A. FISHER v. FITCHBURG MUTUAL INSURANCE COMPANY No. 88-428Supreme Court of New Hampshire Hillsborough Decided July 13, 1989 1. Insurance — Obligation To Defend — Express Terms of Policy It is well-settled law in New Hampshire that an insurer’s obligation to defend its insured is determined by […]
COURNOYER v. BANK, 98 N.H. 385 (1953)
102 A.2d 910 NAPOLEON v. COURNOYER v. MONADNOCK SAVINGS BANK a. No. 4236.Supreme Court of New Hampshire Cheshire.Argued November 3, 1953. Decided December 21, 1953. A joint tenancy in a savings bank account was not established by the fact that a withdrawal signature card was signed by the plaintiff and his name added to the […]
STATE v. FORTIER, 146 N.H. 784 (2001)
780 A.2d 1243 THE STATE OF NEW HAMPSHIRE v. ROGER A. FORTIER No. 98-718Supreme Court of New Hampshire Strafford Decided September 25, 2001 1. Offenses — Sexual Offenses — Statutes Pattern statute penalizes a person for engaging in a “pattern of sexual assault,” which is the commission of at least two acts of sexual assault […]
STATE v. HOTCHKISS, 129 N.H. 260 (1987)
525 A.2d 270 THE STATE OF NEW HAMPSHIRE v. PATRICK HOTCHKISS No. 86-142Supreme Court of New Hampshire Hillsborough Decided April 3, 1987 1. Evidence — Admissibility Generally — Relevancy Evidence is relevant if it tends to make the existence of any fact that is of consequence to the determination of the action more probable or […]
RICKER’S PETITION, 66 N.H. 207 (1890)
29 A. 559 RICKER’S PETITION. Supreme Court of New Hampshire Strafford. Decided June, 1890. A woman may be an attorney-at-law. In a limited sense, a member of the bar is an officer of the court; but in the work of his profession he does not take an official part in the government of the state, […]
MERCHANTS c. CAS. CO. v. CAPOBIANCO, 100 N.H. 223 (1956)
123 A.2d 159 MERCHANTS MUTUAL CASUALTY CO. v. MICHAEL A. CAPOBIANCO a. No. 4477.Supreme Court of New Hampshire Merrimack.Argued April 3, 1956. Decided May 31, 1956. The words used in a policy of insurance are to be given the meaning that a reasonable person in the position of the insured would give to them. In […]
PETITION OF PERKINS, 147 N.H. 652 (2002)
798 A.2d 596 PETITION OF STACEY PERKINS No. 2000-744Supreme Court of New Hampshire OriginalArgued: February 6, 2002 Opinion Issued: May 6, 2002 1. Civil Rights — Discrimination — Procedure Provision on construction of the New Hampshire statute on human rights, construed with provision establishing procedure on complaints, expressly forecloses an aggrieved party from prosecuting his […]
DUGGAN v. RAILROAD, 74 N.H. 250 (1907)
66 A. 829 DUGGAN, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided May 7, 1907. A child nine years old, who is killed while attempting to cross a railroad track in front of a train which she knows is approaching, is not chargeable with contributory negligence as matter of law. In […]
FRIZZELL v. CHARLESTOWN, 107 N.H. 286 (1966)
220 A.2d 742 THEODORE FRIZZELL a. v. CHARLESTOWN. No. 5486.Supreme Court of New Hampshire Sullivan.Argued May 4, 1966. Decided June 30, 1966. 1. No tax may be assessed by a municipality in the absence of a manifest declaration of intent of the Legislature to impose it. 2. The interpretation of a statute is governed by […]
COLE v. SMITH, 61 N.H. 642 (1881)
COLE v. SMITH a. Supreme Court of New Hampshire Coos. Decided December, 1881. FOREIGN ATTACHMENT. The writ was not served on the trustee, the plaintiff was allowed to amend by striking out the trustee clause of the writ, and the defendants excepted. Exception overruled. ALLEN, J., did not sit: the others concurred. Ladd Fletcher, for […]
CONCORD GROUP INS. CO.’S v. LUMBERMANS MUT. CAS. CO., 124 N.H. 440 (1984)
471 A.2d 1159 CONCORD GROUP INSURANCE COMPANIES v. LUMBERMANS MUTUAL CASUALTY COMPANY JANET WADE, PHILIP AND MARY-ANN LaJEUNESSE, AND JOSEPH AND MAE NASSER No. 82-332Supreme Court of New Hampshire Merrimack Decided February 3, 1984 1. Insurance — Automobile Policies — Financial Responsibility Law The supreme court has consistently held that failure to abide by the […]
BARKER v. COMPANY, 78 N.H. 160 (1916)
97 A. 749 JOSEPH H. BARKER v. PUBLISHERS PAPER COMPANY. PUBLISHERS PAPER COMPANY v. JOSEPH H. BARKER. Supreme Court of New Hampshire Grafton. Decided April 4, 1916. A description of doubtful meaning in a deed is sufficient to give color of title to one actually occupying to the fullest extent of what the deed might […]
GAYNES v. ALLEN, 116 N.H. 469 (1976)
362 A.2d 197 STEPHEN L. GAYNES a. v. WALTER E. ALLEN a. No. 7404Supreme Court of New Hampshire Nashua District Court Decided July 30, 1976 1. The trial court properly found and ruled that the loan offer made by the bank to finance the purchase of certain premises met the contract condition that the contract […]
PUBLIC SERVICE COM. v. COMPANY, 91 N.H. 328 (1941)
18 A.2d 826 PUBLIC SERVICE COMMISSION v. H. P. WELCH COMPANY. No. 3193.Supreme Court of New Hampshire Merrimack. Decided March 4, 1941. Regulations of the hours of service as affecting motor trucks engaged in interstate commerce as established by sections 8 and 12 of Laws 1933, c. 106; Ib., c. 169 and the regulations of […]
ROBIE v. CHAPMAN, 59 N.H. 41 (1879)
ROBIE v. CHAPMAN a. Supreme Court of New Hampshire Rockingham. Decided June, 1879. A husband may have an estate by the curtesy in land conveyed by him as a gift to his wife, which may be taken on execution by his creditors. WRIT OF ENTRY. Facts agreed. September 2, 1869, William F. Chapman, one of […]
STATE v. SMOKE SIGNALS, 155 N.H. 234 (2007)
THE STATE OF NEW HAMPSHIRE v. SMOKE SIGNALS PIPE TOBACCO SHOP, LLC. No. 2005-299.Supreme Court of New Hampshire Strafford.Argued: October 26, 2006. Opinion Issued: April 18, 2007. 1. Statutes — Constitutionality — Vagueness A statute can be impermissibly vague for either of two independent reasons: (1) it fails to provide people of ordinary intelligence a […]
MORRILL v. RAILROAD, 55 N.H. 531 (1875)
MORRILL v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided August 12, 1875. Act of 1867, chapter 8 — To Prevent railroad monopolies. The B. M. and E. railroads entered into a contract, or arrangement, whereby each should retain sixty per cent. of its gross earnings between all competing points of their respective […]
LePAGE v. COMPANY, 97 N.H. 46 (1951)
80 A.2d 148 RAYMOND R. LePAGE v. ST. JOHNSBURY TRUCKING CO., INC. a. No. 4022.Supreme Court of New Hampshire Coos. Decided April 3, 1951. Where the plaintiff alleged that he was thrown from a truck and deliberately injured, the fact that the issue of speed was undisputed did not entitle him to a directed verdict […]
HUBBARD v. LEIGHTON, 79 N.H. 190 (1919)
106 A. 485 ALICE A. HUBBARD v. BENJAMIN L. LEIGHTON, Ex’r. Supreme Court of New Hampshire Hillsborough. Decided April 1, 1919. A claim for an agreed balance due cannot be sustained where the only evidence to support the contention of a payment on account is a legacy by the alleged debtor to the creditor, the […]
STATE v. DICKSTEIN, 89 N.H. 546 (1938)
3 A.2d 115 STATE v. PHILIP DICKSTEIN. Supreme Court of New Hampshire Hillsborough. Decided December 6, 1938. A reasonable regulation by an administrative board in aid of its exercise of a police power is valid. A regulation by a board of health requiring notice to the local health officer whenever animals are to be killed […]
BURSEY v. CFX BANK, 145 N.H. 126 (2000)
756 A.2d 1001 FAITH R. BURSEY v. CFX BANK, PETER J. BAXTER, PRESIDENT No. 99-006Supreme Court of New Hampshire Rockingham Decided July 5, 2000 1. Statutes — Generally — Particular Cases Court in appeal involving alleged conversion of funds would apply 1961 version of Uniform Commercial Code, because it governed negotiable instruments at time of […]
BALKE v. CITY OF MANCHESTER, 2002-469 (N.H. 9-30-2003)
834 A.2d 306 JUNE BALKE a. v. CITY OF MANCHESTER No. 2002-469Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued May 8, 2003 Opinion Issued September 30, 2003 Baldwin, Callen Hogan, PLLC, of Concord (Jed Z. Callen on the brief and orally), for the plaintiffs. Daniel D. Muller, Jr., office of city solicitor, of Manchester, on […]
CHEMIKLES v. COMPANY, 84 N.H. 437 (1930)
152 A. 275 PETER CHEMIKLES v. J. M. WILSON COMPANY. Supreme Court of New Hampshire Strafford. Decided November 5, 1930. In an action by a pedestrian for injuries caused by a motor truck, evidence that the driver, starting from a stationary position in a city street, drove 46 feet at a speed of five to […]
STATE v. PIKE, 134 N.H. 690 (1991)
597 A.2d 1071 THE STATE OF NEW HAMPSHIRE v. PAUL PIKE No. 90-452Supreme Court of New Hampshire Belknap Decided October 9, 1991 1. Statutes — Construction and Application — Plain Meaning Since the statute prohibiting possession of any controlled drug used plain and unambiguous language, it was not subject to judicial modification. RSA 318-B:2, I […]
DECATUR v. COOPER, 85 N.H. 250 (1931)
157 A. 706 FLORENCE E. DECATUR v. BURT R. COOPER, Adm’r c.t.a. Supreme Court of New Hampshire Strafford. Decided December 1, 1931 As between members of the same family the mere rendition and acceptance of personal services will not justify the inference of a promise to pay. The inference that such services were gratuitous may […]
TILTON v. CONCORD, 78 N.H. 426 (1917)
101 A. 144 TILTON v. CONCORD. Supreme Court of New Hampshire Belknap. Decided June 5, 1917. In an action against a town to recover for the support of paupers, evidence of any facts prior to ten years preceding the last date of application for support is inadmissible under Laws 1903, c. 106, and each item […]
SAWYER v. JEFTS, 70 N.H. 393 (1900)
47 A. 416 SAWYER v. JEFTS. Supreme Court of New Hampshire Hillsborough. Decided June, 1900. Where a covenant of warranty has been broken during the lifetime of a deceased covenantor, an action therefor cannot be maintained against his heir-at-law. COVENANT BROKEN. Trial by the court. The defendant’s father conveyed a tract of land to the […]
MORTGAGE SPECIALISTS v. DAVEY, 153 N.H. 764 (2006)
904 A.2d 652 MORTGAGE SPECIALISTS, INC. v. JOSEPH C. DAVEY, IV a. No. 2005-067.Supreme Court of New Hampshire Rockingham.Argued: March 9, 2006. Opinion Issued: July 26, 2006. 1. Verdict — Withdrawal of Issues from Jury — Verdict Against Weight of Evidence A jury’s verdict may only be set aside if it is conclusively against the […]
GRAY v. ROLLINSFORD, 58 N.H. 253 (1878)
GRAY v. ROLLINSFORD. Supreme Court of New Hampshire Strafford. Decided March, 1878. Selectmen are agents of the town when no other agents are chosen. An unqualified offer by the selectmen to pay for damages from a defective highway is competent but not conclusive evidence upon the question of the liability of the town. CASE, for […]
LIVERMORE v. WELLS, 76 N.H. 576 (1912)
83 A. 131 LIVERMORE a., Ex’rs, v. WELLS a. Supreme Court of New Hampshire Hillsborough Decided April 2, 1912. BILL IN EQUITY, for the construction of the will of Elizabeth A. Livermore. Trial by the court. Transferred without a ruling from the September term, 1911, of the superior court by Chamberlin, J. The second clause […]
MORSE v. PEARL, 67 N.H. 317 (1892)
36 A. 255 MORSE a. v. PEARL Trs. Supreme Court of New Hampshire Strafford. Decided December, 1892. An action upon a judgment is maintainable, although an execution upon the judgment has been issued and not yet returned. If an attachment of property which cannot be taken on execution is made in such an action, the […]
APPEAL OF CONSERVATION LAW FOUNDATION, 127 N.H. 606 (1986)
507 A.2d 652 APPEAL OF CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC. APPEAL OF CONSUMER ADVOCATE (New Hampshire Public Utilities Commission) No. 85-252 No. 85-253Supreme Court of New Hampshire Public Utilities Commission Decided January 31, 1986 1. Public Utilities — Regulatory Agencies — Appeals From On appeal of a decision of the public utilities commission, […]
FAGAN v. GRADY, 101 N.H. 18 (1957)
131 A.2d 441 ARTHUR E. FAGAN a. v. JOHN D. GRADY a. No. 4540.Supreme Court of New Hampshire Strafford.Argued March 5, 1957. Decided April 30, 1957. 1. The allowance of an amendment to a bill in equity to remove a cloud on title to certain real property alleging title by conveyance as an alternative to […]
CLARK v. CLOUGH, 62 N.H. 693 (1882)
CLARK, Adm’r, v. CLOUGH a. Supreme Court of New Hampshire Hillsborough. Decided June, 1882. BLODGETT, J. The plaintiff excepted to an order continuing the case at the trial term. The question of continuance was a question of fact, and no question of law is raised by the bill of exceptions. The order of continuance was […]