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 […]
Category: New Hampshire Court Opinions
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 […]
BOSSI v. BOSSI, 131 N.H. 262 (1988)
551 A.2d 978 SALVATORE J. BOSSI v. YVONNE R. BOSSI No. 88-102Supreme Court of New Hampshire Merrimack Decided December 12, 1988 1. Attorney and Client — Attorney’s Acts Binding — Generally Action taken in the conduct and disposition of civil litigation by an attorney within the scope of his authority is binding on the client. […]
HARRINGTON v. WADSWORTH, 63 N.H. 400 (1885)
HARRINGTON v. WADSWORTH. Supreme Court of New Hampshire Hillsborough. Decided June, 1885. In an action against a sheriff for neglecting to arrest upon execution surrendering debtor, evidence of the latter’s intention to take the poor debtor’s oath may properly be excluded. A judgment is evidence against third persons of the fact of its rendition, but […]
IN RE JUVENILE 2003-187, 151 N.H. 14 (2004)
846 A.2d 1207 IN RE JUVENILE 2003-187. No. 2003-187.Supreme Court of New Hampshire Manchester District Court.Argued: January 14, 2004. Opinion Issued: April 30, 2004. 1. Offenses — Particular Crimes — Falsifying Physical Evidence Where a juvenile was found delinquent for falsifying physical evidence, because the sufficiency of the evidence of the juvenile’s actus reus is […]
DEDERICK v. SMITH, 88 N.H. 63 (1936)
184 A. 595 FLORENCE M. DEDERICK v. ROBERT W. SMITH. Supreme Court of New Hampshire Belknap. Decided April 7, 1936. P. L., c. 187; Laws 1931, c. 22 providing for the control and eradication of diseases of domestic animals authorizes the state veterinarian to test for tuberculosis all cattle within an established quarantine area and […]
COPELAND v. REYNOLDS, 86 N.H. 110 (1933)
164 A. 215 ELLEN A. COPELAND v. NELLIE C. REYNOLDS a. NELLIE C. REYNOLDS v. ELLEN A. COPELAND. Supreme Court of New Hampshire Belknap. Decided January 3, 1933. On rescission, a contract is avoided ab initio and the rights of the parties in reference thereto are as if no contract had been made. Where a […]
PARENTEAU v. GAILLARDETZ, 103 N.H. 92 (1960)
166 A.2d 112 ANTOINETTE PARENTEAU, Ex’x v. MARIE ANN GAILLARDETZ. No. 4839.Supreme Court of New Hampshire Cheshire.Argued November 1, 1960. Decided November 30, 1960. 1. By virtue of statute (RSA 384:28) savings accounts in the names of the depositor and another as joint tenants payable to either or the survivor of either and maintained in […]
HERSHBERG v. MORRISON, 77 N.H. 589 (1913)
89 A. 302 ISAAC HERSHBERG a. v. CHARLES A. MORRISON. Supreme Court of New Hampshire Rockingham. Decided December 2, 1913. ASSUMPSIT, for clothing manufactured by the plaintiffs for the defendant. Trial by jury and verdict for the defendant. Transferred from the April term, 1913, of the superior court by Young, J. The defendant testified that […]
TRAVELERS INS. CO. v. KIPP, 105 N.H. 200 (1963)
196 A.2d 48 TRAVELERS INSURANCE COMPANY v. STEPHEN D. KIPP a. No. 5049.Supreme Court of New Hampshire Coos.Argued October 1, 1963. Decided December 30, 1963. 1. In declaratory judgment proceedings to determine the liability of an insurer under a family automobile policy affording coverage for damages arising out of the use of the owned automobile […]
PMC REALTY TRUST v. TOWN OF DERRY, 125 N.H. 126 (1984)
480 A.2d 51 PMC REALTY TRUST AND BERGE NALBANIAN v. TOWN OF DERRY No. 83-172Supreme Court of New Hampshire Rockingham Decided July 2, 1984 1. Zoning — Adoption — Vested Rights In Piper v. Meredith, 110 N.H. 291 (1970), the supreme court restated the common law rule that an owner, who, relying in good faith […]
MOREAU v. LOVEREN, 89 N.H. 470 (1938)
200 A. 513 BERTHE L. MOREAU, Ex’x, a. v. HARRY E. LOVEREN a. Supreme Court of New Hampshire Hillsborough. Decided June 21, 1938. The finding that a certain trust had been terminated and lapsed through inattention and failure to enforce it for over twenty years by those interested therein was reasonable. One who having assigned […]
APPEAL OF TAMM, 124 N.H. 107 (1983)
469 A.2d 1291 APPEAL OF HILDEGARD TAMM (New Hampshire Personnel Commission) No. 82-452Supreme Court of New Hampshire Personnel Commission Decided October 26, 1983 1. Certiorari — Function of Writ Certiorari is an extraordinary remedy, which is not granted as a matter of right but rather only when the court deems that the substantial ends of […]
BARKER v. BANK, 59 N.H. 310 (1879)
BARKER v. THE ROCHESTER NATIONAL BANK. Supreme Court of New Hampshire Strafford. Decided December, 1879. Banks organized under the national currency act are subject to the penalty against usury imposed by federal law, and not to that imposed by state law. DEBT, upon Gen. St., c. 213, s. 3, as amended by Laws of 1872, […]
GUITARINI v. COMPANY, 98 N.H. 118 (1953)
95 A.2d 784 LOUIS GUITARINI a. v. THE MACALLEN COMPANY. No. 4150.Supreme Court of New Hampshire Rockingham. Decided April 7, 1953. One who undertakes to employ an independent contractor owes no duty to third persons, who may thereafter furnish labor and materials on order of the contractor in the performance of the work, to exercise […]
APPEAL OF TOWN OF NEWPORT, 140 N.H. 343 (1995)
666 A.2d 954 APPEAL OF TOWN OF NEWPORT (New Hampshire Public Employee Labor Relations Board) No. 94-305Supreme Court of New Hampshire Public Employee Labor Relations Board Decided October 27, 1995 1. Labor — Practice and Procedure — Review of Labor Relations Board’s Decisions and Orders Persons whose duties imply a confidential relationship to the public […]
STATE v. PROCTOR, 90 N.H. 553 (1938)
3 A.2d 109 STATE v. JOHN PROCTOR. No. 3026.Supreme Court of New Hampshire Cheshire. Decided December 6, 1938. APPEAL, from a conviction in the Municipal Court of Winchester for wilfully refusing to furnish the reports required by the New Hampshire Unemployment Compensation Act, P. L., c. 179 A., s. 9, (G), as inserted by Laws […]
MELVIN v. MELVIN, 58 N.H. 569 (1879)
MELVIN v. MELVIN. Supreme Court of New Hampshire Hillsborough. Decided March, 1879. Sexual abuse may be shown by the testimony of the libellant when it tends to prove treatment which is a cause of divorce. Such testimony is not excluded upon grounds of public policy or decency, when necessary for the purposes of justice. Evidence […]
OCCHIPINTI v. WEINER, 91 N.H. 388 (1941)
20 A.2d 483 FRANK OCCHIPINTI a. v. BELLE WEINER a. No. 3232.Supreme Court of New Hampshire Cheshire. Decided May 6, 1941. A bill to remove a cloud from the title to real estate lies by a grantee whose grantor had previously given an instrument which though duly recorded was of ambiguous nature, creating doubt whether […]
IN RE CINDY G., 124 N.H. 51 (1983)
466 A.2d 943 In re CINDY G. In re ROGER D. No. 82-499 No. 82-515Supreme Court of New Hampshire Hillsborough Decided October 5, 1983 1. Statutes — Construction and Application — Generally In any case involving the interpretation of a statute, the supreme court begins by examining the language of the statute itself. Page 52 […]
MORGAN v. JOYCE, 66 N.H. 476 (1891)
30 A. 1119 MORGAN v. JOYCE. Supreme Court of New Hampshire Strafford. Decided June, 1891. The justice of an amendment changing the form of action is a question of fact determinable at the trial term. CASE. The plaintiff excepted to the denial of his motion to amend by adding a count in debt. O. S. […]
PERLEY v. BAILEY, 89 N.H. 359 (1938)
199 A. 570 EDITH F. PERLEY v. MERRILL B. BAILEY a. Supreme Court of New Hampshire Carroll. Decided May 3, 1938. The entry of a decree or judgment upon a parol stipulation made by the parties or their counsel in open court is ordinarily made as a matter of course. The statute of frauds, P.L., […]
RICHARDSON v. BAKER, 68 N.H. 43 (1894)
34 A. 671 RICHARDSON v. BAKER. Supreme Court of New Hampshire Merrimack. Decided June, 1894. If an equity of redemption be sold by an assignee in insolvency, subject to the debtor’s homestead right, and the purchaser pays a mortgage in which the homestead right was released, the insolvent is not entitled to a homestead without […]
STATE v. HORNE, 125 N.H. 254 (1984)
480 A.2d 121 THE STATE OF NEW HAMPSHIRE v. STEVEN J. HORNE No. 83-045Supreme Court of New Hampshire Merrimack Decided July 26, 1984 1. Criminal Law — Accessories and Principals — Generally In State v. Etzweiler, 125 N.H. 57 (1984), the supreme court held that to prosecute one as an accomplice, the State must prove […]
LITCHFIELD v. PARKER, 64 N.H. 443 (1887)
14 A. 725 LITCHFIELD v. PARKER. Supreme Court of New Hampshire Hillsborough. Decided December, 1887. A town has possession of the volumes of New Hampshire Reports, statutes, Pamphlet Laws, and other books and documents by law distributed to the several towns, for the use of its inhabitants, and to enable them and its officers to […]
MOLLOY v. EXETER, 107 N.H. 123 (1966)
218 A.2d 52 PAUL E. MOLLOY a. v. EXETER a. No. 5430.Supreme Court of New Hampshire Rockingham.Argued January 4, 1966. Decided March 30, 1966. 1. Where a municipality has adopted the provisions of the statute (RSA 252:4, 25) which authorizes the mayor and aldermen of any city to construct and maintain drains and common sewers […]
C. R. CONSTRUCTION v. MANCHESTER, 89 N.H. 506 (1938)
1 A.2d 922 C. R. CONSTRUCTION CO. v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided October 4, 1938. Where a check is tendered in full satisfaction, the payee is estopped to deny an accord and satisfaction if he accepts the check and fails thereupon to do what the ordinary man would do to inform […]
PALMER v. ASSOCIATION, 80 N.H. 68 (1921)
112 A. 798 IRVING C. PALMER v. KEENE FORESTRY ASSOCIATION. Supreme Court of New Hampshire Cheshire. Decided February 1, 1921. In case for negligently setting fire to the plaintiff’s land by lighted matches dropped by employees of the defendant while at work thereon, certain evidence that such employees were cigarette smokers justified the inference that […]
VT. WHOLESALE BLDG. v. J.W. JONES, 154 N.H. 625 (2006)
VERMONT WHOLESALE BUILDING PRODUCTS, INC. v. J.W. JONES LUMBER COMPANY, INC. No. 2006-144.Supreme Court of New Hampshire Coos.Argued: October 18, 2006. Opinion Issued: December 21, 2006. 1. Courts — Jurisdiction — Burden of Proof The plaintiff bears the burden of demonstrating facts sufficient to establish personal jurisdiction over the defendant. 2. Courts — Jurisdiction — […]
GUARRACINO v. BEAUDRY, 118 N.H. 435 (1978)
387 A.2d 1163 GLORIA GUARRACINO, ADMINISTRATRIX v. ROLAND BEAUDRY No. 7898Supreme Court of New Hampshire Merrimack Decided June 19, 1978 1. Mandamus — Grant of Relief — Powers of Court Supreme court clearly has the power to issue writs of mandamus in proper cases. RSA 490:4 (Supp. 1977). 2. Mandamus — Grant of Relief — […]
JENNINGS v. RAILROAD, 82 N.H. 323 (1926)
132 A. 614 GEORGE A. JENNINGS v. BOSTON MAINE RAILROAD AND NEW ENGLAND BOX COMPANY. Supreme Court of New Hampshire Merrimack. Decided May 4, 1926. An employer is not required to give warning of a danger to an employee who is already in possession of all the facts necessary to enable him to protect himself. […]
APPEAL OF BOUCHER, 148 N.H. 458 (2002)
APPEAL OF GLEN A. BOUCHER (New Hampshire Compensation Appeals Board) No. 2000-776Supreme Court of New Hampshire Compensation Appeals BoardArgued March 7, 2002 Opinion Issued October 25, 2002 1. Workers’ Compensation — Compensation — Interest Statute governing the award of fees and interest in disputes over the amount of the benefit payable under the workers’ compensation […]
WELLS v. EASTMAN, 61 N.H. 507 (1881)
WELLS v. EASTMAN. Supreme Court of New Hampshire Grafton. Decided December, 1881. The opinion of a witness on the question of negligence in setting fire to brush in a time of high wind, founded upon his knowledge of the situation of the land and brush and his observation of the wind, and upon the same […]
FLANAGAN v. PRUDHOMME, 138 N.H. 561 (1994)
644 A.2d 51 MICHAEL FLANAGAN a. v. STEVEN AND ELEANOR PRUDHOMME No. 92-625Supreme Court of New Hampshire Carroll Decided June 15, 1994 1. Appeal and Error — Standards of Review — Particular Cases To prevail on appeal, appellants in quiet title action were required to show that trial court’s determination of disputed boundaries was unsupported […]
SHUTE v. BARTLETT, 74 N.H. 602 (1907)
68 A. 536 SHUTE v. BARTLETT, Adm’r, a. Supreme Court of New Hampshire Rockingham. Decided December 26, 1907. BILL IN EQUITY, to redeem from a mortgage given by the plaintiff to Morrison, the defendant Bartlett’s intestate. The condition of the mortgage is that it shall be void if Shute pays the taxes on the property […]
STATE v. SINBANDITH, 143 N.H. 579 (1999)
729 A.2d 994 THE STATE OF NEW HAMPSHIRE v. BOUNLEUTH “PHENG” SINBANDITH No. 97-306Supreme Court of New Hampshire Belknap Decided May 25, 1999 1. Appeal and Error — Preservation of Questions — Failureto Raise Below Defendant failed to object to adequacy of jury instructions on charge of attempted sale of controlled drug, and therefore supreme […]
CARBONNEAU v. COMPANY, 97 N.H. 438 (1952)
91 A.2d 449 ALBERT F. CARBONNEAU, SR. by Everett P. Holland, G’d’n v. UNITED STATES CASUALTY COMPANY a. No. 4117.Supreme Court of New Hampshire Rockingham. Decided October 7, 1952. The Labor Commissioner may in his discretion under the Workmen’s Compensation Act (Laws 1947, c. 266, s. 19) grant an extension of the ninety-day period for […]
IN RE JUVENILE 2004-637, 152 N.H. 805 (2005)
888 A.2d 422 IN RE JUVENILE 2004-637 a. No. 2004-637.Supreme Court of New Hampshire Grafton.Argued: October 20, 2005. Opinion Issued: December 9, 2005. 1. Parent and Child — Custody — Appeals Because the superior court was required to hear de novo the merits of the abuse and neglect petitions filed by New Hampshire Division for […]
SUPRY v. BOLDUC, 112 N.H. 274 (1972)
293 A.2d 767 RICHARD E. SUPRY v. BEATRIC E. BOLDUC. No. 6369.Supreme Court of New Hampshire Merrimack. Decided July 24, 1972. 1. Zoning boards and commissions are administrative, fact-finding, non-legislative bodies created by the legislature as part of an administrative organization designed to effect flexible application of zoning rules regulations, and restrictions, and provide a […]
STATE v. STRATTON, 132 N.H. 451 (1989)
567 A.2d 986 THE STATE OF NEW HAMPSHIRE v. JAMES L. STRATTON No. 88-268Supreme Court of New Hampshire Cheshire Decided December 8, 1989 1. Constitutional Law — Double Jeopardy — Multiple Indictments Benchmark for evaluating double jeopardy claims under the New Hampshire Constitution is “difference in evidence” test, and multiple indictments are permissible only if […]
STATE v. MacDONALD, 113 N.H. 725 (1973)
313 A.2d 729 STATE OF NEW HAMPSHIRE v. GARY MacDONALD No. 6712Supreme Court of New Hampshire Hillsborough Decided December 28, 1973 1. A startling, unprovoked attack by a stranger against one sleeping in his own bedroom late at night, accompanied by the violence that existed in this case, justified the jury in finding that the […]
MIGNEAULT v. COMPANY, 98 N.H. 337 (1953)
100 A.2d 901 ROGER R. MIGNEAULT v. ST. GERMAIN MOTORS, INC. No. 4227.Supreme Court of New Hampshire Hillsborough.Argued October 6, 1953. Decided November 30, 1953. In an action against the operator of a motor vehicle by a passenger therein, evidence of defendant’s failure to reduce the speed of his vehicle in approaching a curve in […]
STATE v. MacMANUS, 130 N.H. 256 (1987)
536 A.2d 203 THE STATE OF NEW HAMPSHIRE v. MICHAEL MacMANUS No. 87-110Supreme Court of New Hampshire Hillsborough Decided December 31, 1987 1. Witnesses — Immunity — Generally A defendant has no constitutional right to have immunity conferred upon a defense witness who exercises her privilege against self-incrimination; Page 257 however, situations could arise in […]
MONTRONE v. ARCHAMBAULT, 99 N.H. 179 (1954)
106 A.2d 393 JOHN A. MONTRONE v. LOUIS ARCHAMBAULT a. No. 4331.Supreme Court of New Hampshire Hillsborough.Argued June 2, 1954. Decided July 1, 1954. Certain evidence justified a finding that an artificial accumulation of ice upon a public sidewalk resulted from the negligent maintenance of defendants’ abutting property and that plaintiff’s fall upon such ice […]
SANBORN v. LADD, 69 N.H. 221 (1897)
39 A. 1072 SANBORN v. LADD. Supreme Court of New Hampshire Belknap. Decided December, 1897. A note payable on demand, a mortgage securing the payment of the note, and a contemporaneous written agreement providing that if the mortgagor shall, during his life, pay the mortgagee or her legal representative five dollars a month and keep […]
CLAFLIN v. BATCHELDER, 65 N.H. 29 (1888)
17 A. 1060 CLAFLIN a. v. BATCHELDER. RICHARDSON a. v. SAME. Supreme Court of New Hampshire Merrimack. Decided December, 1888. A conveyance of land made for a good consideration, and without fraud, will not be set aside in favor of creditors of the grantor because the consideration paid was less than the real value of […]
STATE v. MORIN, 65 N.H. 667 (1888)
23 A. 629 STATE v. JOSEPH A. MORIN a. Supreme Court of New Hampshire Hillsborough. Decided December, 1888. R. M. Wallace, solicitor, for the state. Sulloway Topliff and G. B. French, for the defendants. BINGHAM, J. The case in its present form presents questions Page 668 which may never arise on a trial. It is […]
DURAND v. COHEN, 86 N.H. 575 (1934)
172 A. 246 JOHN DURAND v. JULIUS COHEN. Supreme Court of New Hampshire Municipal Court of Nashua. Decided April 3, 1934. Though a deposit of money provided for in a lease be designated therein as “liquidated damages for any breach of any condition of this lease,” a finding is not thereby precluded that it was […]
STATE v. FARROW, 118 N.H. 296 (1978)
386 A.2d 808 THE STATE OF NEW HAMPSHIRE v. GARY S. FARROW THE STATE OF NEW HAMPSHIRE v. JAMES SMITH No. 7731 No. 7821Supreme Court of New Hampshire Merrimack Decided April 28, 1978 1. Pardon and Parole — Availability — Due Process Clause No right to parole exists in substantive aspect of due process clause. […]
CLARK v. PORTSMOUTH, 68 N.H. 263 (1895)
44 A. 388 CLARK v. PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided June, 1895. A public officer whose salary is fixed by law is not entitled to additional compensation for any services rendered in the line of his duty. ASSUMPSIT, for extra services as health officer of the city of Portsmouth. Facts found by […]
DUNNE v. VITEK, 114 N.H. 667 (1974)
327 A.2d 707 MICHAEL DUNNE v. JOSEPH VITEK, WARDEN OF STATE PRISON No. 6809Supreme Court of New Hampshire Original Decided October 31, 1974 1. A petition for a writ of habeas corpus requiring a factual determination was dismissed without prejudice to any petition that might be filed in the superior court. John E. Skorko, by […]
STATE v. DONOHUE, 126 N.H. 182 (1985)
489 A.2d 139 THE STATE OF NEW HAMPSHIRE v. RONALD DONOHUE No. 84-039Supreme Court of New Hampshire Cheshire Decided March 1, 1985 1. Evidence — Past Offenses — Issue of Prejudice Where a defendant admits to prior convictions, care must be taken by the trial court that the cross-examination relating to prior convictions is not […]
BERTHIAUME v. KESSLER, 86 N.H. 305 (1933)
167 A. 273 ARTHUR BERTHIAUME v. SAMUEL KESSLER, a. RITA BERTHIAUME (by her father and next friend) v. SAME. Supreme Court of New Hampshire Hillsborough. Decided June 29, 1933. A landlord owes to his tenants a duty of protection against dangers inherent in the type of construction of those portions of the premises which he […]
STATE v. JOHNSON, 88 N.H. 471 (1936)
184 A. 869 STATE v. HERMAN E. JOHNSON. Supreme Court of New Hampshire Belknap. Decided May 5, 1936. INDICTMENT, charging rape of a girl below the age of consent. A jury found the defendant guilty. He claimed exceptions to the exclusion and allowance of argument, stated in the opinion. Transferred by Page, J. Theo S. […]
THERRIEN v. COMPANY, 99 N.H. 137 (1954)
106 A.2d 565 MAUDE THERRIEN v. WAUMBEC MILLS, INC. a. No. 4264.Supreme Court of New Hampshire Hillsborough.Argued June 1, 1954. Decided July 1, 1954. The finding of the Trial Court that certain memoranda upon the forms provided by the Bureau of Labor evidenced the intent of the parties to finally settle a workmen’s compensation claim […]
SCHOOL DISTRICT v. POLLARD, 55 N.H. 503 (1875)
SCHOOL DISTRICT NO. 2 IN BRENTWOOD v. POLLARD. Supreme Court of New Hampshire Rockingham. Decided August 12, 1875. The minor children of paupers, supported at a county poor farm, have the right to attend the public school in the district in which such county farm is located. The parties agreed to the following statement of […]
STATE v. CURRIER, 148 N.H. 203 (2002)
THE STATE OF NEW HAMPSHIRE v. SCOTT CURRIER No. 2000-285Supreme Court of New Hampshire StraffordArgued November 14, 2001 Opinion Issued August 16, 2002 1. Criminal Law — Double Jeopardy — Multiple Charges Double jeopardy bars a subsequent prosecution for the same offense; the State may, however, simultaneously prosecute multiple charges which constitute the same offense […]
HORNE v. RAILROAD, 62 N.H. 454 (1883)
HORNE v. THE BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided June, 1883. A railroad corporation, owning and operating under one direction a continuous line of railway from a point in Massachusetts through New Hampshire to a point in Maine, and having its chartered powers from each of the three states, is a […]
GREEN v. BICKFORD, 60 N.H. 159 (1880)
GREEN v. BUCKFORD. Supreme Court of New Hampshire Coos. Decided June, 1880. In an action by an indorsee against the maker of a promissory note transferred for value before maturity, the defence of want of consideration, or that the note was given for a worthless patent, or for an article not patented, but fraudulently represented […]
COOPER v. BARILONE, 123 N.H. 203 (1983)
459 A.2d 619 JOHN R. COOPER a. v. FRANK M. BARILONE a. No. 81-475Supreme Court of New Hampshire Rockingham Decided March 28, 1983 1. Boundaries — Evidence, Ascertainment, and Establishment — Role of Trier The location of a boundary is a question of fact for the trier of fact to decide. 2. Deeds and Conveyances […]
McGREGOR v. PUTNEY, 75 N.H. 113 (1908)
71 A. 226 McGREGOR v. PUTNEY. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1908. As between unrecorded conveyances the earliest prevails. Where one holding land under a bond for a deed wrongfully sells standing trees thereon and subsequently assigns his interest to one ignorant of the prior sale, the vendee is not liable […]
COWLES v. INSURANCE CO., 63 N.H. 300 (1884)
COWLES v. CONTINENTAL LIFE INSURANCE CO. Supreme Court of New Hampshire Rockingham. Decided December, 1884. A reduced, “nonforfeiture,” “paid-up” policy of life insurance held, upon certain stipulations, not to be forfeited for nonpayment of interest. ASSUMPSIT, on a policy of life insurance dated May 30, 1870. Facts found by the court. By the terms of […]
STATE v. LIAKOS, 142 N.H. 726 (1998)
709 A.2d 187 THE STATE OF NEW HAMPSHIRE v. DANIEL LIAKOS No. 95-234Supreme Court of New Hampshire Strafford Decided April 3, 1998 1. Criminal Law — Double Jeopardy — Mistrial N.H. Const. pt. I, art. 16, protects an accused against multiple prosecutions and multiple punishments for the same offense. It is not, however, an absolute […]
CHESLEY v. DUNKLEE, 77 N.H. 263 (1914)
90 A. 965 FRANK CHESLEY v. NORRIS DUNKLEE. Supreme Court of New Hampshire Merrimack. Decided May 5, 1914. It is essential that the plaintiff in an action for negligence show some relation between himself and the defendant, in order to establish the latter’s obligation to exercise care; but the matter in issue upon a trial […]
STATE v. BELANGER, 114 N.H. 616 (1974)
325 A.2d 789 STATE OF NEW HAMPSHIRE v. JEROME H. BELANGER No. 6791Supreme Court of New Hampshire Hillsborough Decided September 30, 1974 1. The trier of fact must determine the fair market value of an item as of the time and place the item was stolen. 2. If the market value of a stolen item […]
STATE v. KACHADOORIAN, 104 N.H. 29 (1962)
177 A.2d 398 STATE v. GEORGE KACHADOORIAN. No. 4998.Supreme Court of New Hampshire Concord Municipal Court.Submitted December 6, 1961. Decided January 29, 1962. 1. A violation of the gambling statute (RSA 577:7) was not established by evidence that the respondent accepted and bet money of another at the pari mutuel window at Rockingham Park on […]
LOVETT v. MOREY, 66 N.H. 273 (1890)
20 A. 283 LOVETT v. MOREY, Ex’r. Supreme Court of New Hampshire Carroll. Decided June, 1890. An executor may buy at a discount, for the benefit of the estate, the claims of creditors or legatees. ASSUMPSIT, to recover interest on a legacy given the plaintiff by a will, of which the defendant is executor and […]
STATE v. DORSEY, 118 N.H. 844 (1978)
395 A.2d 855 THE STATE OF NEW HAMPSHIRE v. COURT DORSEY No. 78-154Supreme Court of New Hampshire Rockingham Decided December 6, 1978 1. Criminal Law — Defenses — Competing Harms Trial court did not err in ruling that the statutory defense of competing harms was not available to one charged with criminal trespass for occupying […]
THE MacMILLIN CO. v. AETNA CAS. SURETY CO., 135 N.H. 189 (1991)
601 A.2d 169 THE MacMILLIN CO., INC. v. THE AETNA CASUALTY AND SURETY COMPANY a. No. 90-058Supreme Court of New Hampshire Cheshire Decided December 31, 1991 1. Insurance — Construction of Contracts — Generally Final interpretation of the language in an insurance policy is a question of law for the court to decide. 2. Insurance […]
FELKER v. HAZELTON, 68 N.H. 304 (1895)
38 A. 1051 FELKER a. v. HAZELTON, Trustee, a. Supreme Court of New Hampshire Merrimack. Decided June, 1895. A bill in equity by an attaching creditor, praying for the discharge of a mortgage on the premises attached and containing no allegation of fraud or collusion, states no case against a purchaser of the mortgagor’s interest […]
FREW v. DASCH, 115 N.H. 274 (1975)
339 A.2d 18 ARTHUR O. FREW, JR. AND ELIZABETH H. FREW v. EUNICE M. DASCH No. 7039Supreme Court of New Hampshire Merrimack Decided May 30, 1975 1. To construe or give consistent effect to language in a deed, finder of facts must place himself as nearly as possible in the position of the parties at […]
ECKSTEIN v. DOWNING, 64 N.H. 248 (1886)
9 A. 626 ECKSTEIN v. DOWNING. Supreme Court of New Hampshire Merrimack. Decided December, 1886. Equity does not decree specific performance of a contract for the sale of shares in a manufacturing corporation, when it appears that the remedy furnished by an action at law for the breach of it is adequate. When it appears […]
MERCHANTS c. BANK v. CURTIS, 98 N.H. 225 (1953)
97 A.2d 207 MERCHANTS NATIONAL BANK v. DELANA B. CURTIS a. No. 4186.Supreme Court of New Hampshire Hillsborough. Decided May 27, 1953. A construction formerly placed upon a will was not res judicata of a later claim that a particular clause of such will violated the rule against perpetuities where the parties to the two […]
SHELBY MUTUAL INS. CO. v. CARRIER, 122 N.H. 754 (1982)
449 A.2d 1229 SHELBY MUTUAL INSURANCE COMPANY v. MAURICE CARRIER a. No. 82-017Supreme Court of New Hampshire Merrimack Decided August 17, 1982 1. Insurance — Automobile Policies — Non-Owned Automobile Where insured’s non-owner’s automobile policy excluded coverage of the insured if he were the owner of the automobile, the insurer’s failure to notify the director […]
STATE v. HORNER, 153 N.H. 306 (2006)
THE STATE OF NEW HAMPSHIRE v. PHILIP S. HORNER. No. 2004-831.Supreme Court of New Hampshire Strafford.Argued: September 29, 2005. Opinion Issued: March 15, 2006. 1. Criminal Law — Judgment and Sentence — Suspension of Sentence Where the trial court at most created the opportunity for defendant to return to court, prove that he had successfully […]
STATE v. MERSKI, 113 N.H. 323 (1973)
307 A.2d 825 STATE OF NEW HAMPSHIRE v. LEONARD J. MERSKI No. 6339Supreme Court of New Hampshire Concord District Court Decided June 29, 1973 1. Statute requiring motorcyclists to wear protective headgear (RSA 263:29-b (Supp. 1972)) is a constitutionally permissible enactment within the police power of the State and does not violate motorcyclists’ rights to […]
TRUSTEES OF LEXINGTON REALTY TRUST v. CONCORD, 115 N.H. 131 (1975)
336 A.2d 591 TRUSTEES OF LEXINGTON REALTY TRUST v. CITY OF CONCORD No. 6905Supreme Court of New Hampshire Board of Taxation Decided March 31, 1975 1. A taxpayer seeking an abatement in the superior court or before the board of taxation is not entitled to the abatement unless he proves that the disputed assessment is […]
COOK v. CIGNA INS. CO., 139 N.H. 486 (1995)
657 A.2d 834 STEPHEN COOK v. CIGNA INSURANCE COMPANY No. 93-756Supreme Court of New Hampshire Rockingham Decided April 25, 1995 1. Parties — Real Party in Interest — Insurance Cases Defendant’s claim that plaintiff is not a real party in interest in the suit because the dispute is between them and another insurance company is […]
PIANE v. TOWN OF CONWAY, 118 N.H. 883 (1978)
395 A.2d 517 STEPHEN E. PIANE v. TOWN OF CONWAY No. 78-179Supreme Court of New Hampshire Carroll Decided December 20, 1978 1. Municipal Ordinances — Constitutionality — Regulation of Street Vendors Where record suggested that town fathers were acting to relieve traffic congestion, not to impinge upon rights of private entrepreneurs, when they adopted ordinance […]
PORTER v. TOWN OF SANDWICH, 153 N.H. 175 (2006)
891 A.2d 521 H. BOONE PORTER, III a. v. TOWN OF SANDWICH. No. 2005-244.Supreme Court of New Hampshire Carroll.Argued: November 16, 2005. Opinion Issued: January 18, 2006. 1. Taxation — Assessment of Real Property Taxes — Abatement The issue in an abatement proceeding is whether the government has taxed the plaintiff out of proportion to […]
APPEAL OF BATCHELDER, 122 N.H. 362 (1982)
444 A.2d 562 APPEAL OF DENNIS BATCHELDER (New Hampshire Personnel Commission) No. 81-218Supreme Court of New Hampshire Personnel Commission Decided April 7, 1982 1. Administrative Law — Orders and Regulations — Validity New Hampshire Personnel Commission’s interpretation of its rules as allowing the pyramiding of offenses as the basis for suspension of a State employee […]
STATE v. GLIDDEN, 127 N.H. 359 (1985)
499 A.2d 1349 THE STATE OF NEW HAMPSHIRE v. DENNIS C. GLIDDEN No. 84-341Supreme Court of New Hampshire Strafford Decided October 30, 1985 1. Constitutional Law — Right to Effective Counsel Both the State and Federal Constitutions guarantee a criminal defendant the right to effective assistance of counsel. U.S. CONST. amends. VI, XIV; N.H. CONST. […]
GREALISH v. ODELL, 89 N.H. 130 (1937)
193 A. 219 JAMES GREALISH, by his mother and next friend, v. PERCY M. ODELL. Supreme Court of New Hampshire Hillsborough. Decided June 24, 1937. Where in an action for injuries sustained by a child, coasting on a highway, from collision with a motor vehicle there was no evidence that the defendant’s speed was causally […]
MERCER v. MERCHANTS NATIONAL BANK, 108 N.H. 199 (1967)
230 A.2d 745 LUCILLE H. MERCER a. v. MERCHANTS NATIONAL BANK, Trustee. No. 5619.Supreme Court of New Hampshire Hillsborough.Argued June 7, 1967. Decided June 30, 1967. 1. The failure of aggrieved parties to file a probate appeal within the time prescribed by statute (RSA 567:2 (supp)) due in part to their counsel’s mistaken impression that […]
DUNCAN v. McDONOUGH, 105 N.H. 308 (1964)
199 A.2d 104 ELEANOR C. DUNCAN a. v. ROBERT L. McDONOUGH. No. 5204.Supreme Court of New Hampshire Rockingham.Submitted February 5, 1964. Decided March 31, 1964. 1. The statutory provision (RSA 510:2) that “all writs and other processes shall be served by giving to the defendant or leaving at his abode an attested copy thereof, except […]
OPINION OF THE JUSTICES, 103 N.H. 262 (1961)
169 A.2d 637 OPINION OF THE JUSTICES. No. 4929.Supreme Court of New Hampshire Request of House of Representatives.Submitted April 3, 1961. Answer returned April 4, 1961. 1. The acquisition by the State of new areas or of lands adjacent to state parks to be developed and operated under agreements with private or public agencies, subject […]
LAVOIE v. BOURQUE, 103 N.H. 372 (1961)
172 A.2d 565 GEORGE LAVOIE v. ALBERT A. BOURQUE. No. 4935.Supreme Court of New Hampshire Hillsborough.Argued June 6, 1961. Decided June 30, 1961. 1. A motion to strike a default and enter an appearance (RSA 514:2; Superior Court Rule 8) invokes the discretionary powers of the Superior Court, and a decision thereon will not be […]
STATE v. PLACE, 128 N.H. 75 (1986)
513 A.2d 321 THE STATE OF NEW HAMPSHIRE v. ABBOTT L. PLACE No. 84-527Supreme Court of New Hampshire Rockingham Decided May 9, 1986 1. Motor Vehicles — Alcohol Tests — Admissibility The introduction of the results of a blood alcohol test, without testimony from the person who conducted the test personally verifying the procedure and […]
LAPIERRE v. CABRAL, 122 N.H. 301 (1982)
444 A.2d 522 ROLAND LAPIERRE v. RICHARD CABRAL No. 81-043Supreme Court of New Hampshire Hillsborough Decided April 2, 1982 1. Assignments — Particular Cases Where an option contract contained words of assignability, that language constituted some evidence that the contract was assignable. 2. Property — Option To Buy — Assignment Where prospective purchaser under an […]
WIGGIN v. WIGGIN, 58 N.H. 235 (1878)
WIGGIN v. WIGGIN. Supreme Court of New Hampshire Rockingham. Decided March, 1878.[*] [*] DOE, C. J., was not present at this term. A bought land for B, with the understanding, which was not expressed in writing, that B should have a deed of it upon payment of the price, which B subsequently paid. A deed […]
COOK v. LEE, 72 N.H. 569 (1904)
58 A. 511 COOK, Adm’r, a. v. LEE. Supreme Court of New Hampshire Merrimack. Decided June 7, 1904. A conveyance tainted with actual fraud as to any person is voidable by subsequent creditors of the grantor, as well as by those whose claims were in existence at the date of the transaction. The administrator of […]
IN RE HITCHCOCK, 118 N.H. 559 (1978)
391 A.2d 882 In re MARION B. HITCHCOCK No. 78-059Supreme Court of New Hampshire Probate Court Hillsborough County Decided September 18, 1978 Descent and Distribution — Surviving Spouse — Sufficient Cause for Exclusion Where testatrix was separated from her husband, made a will making no bequest to him, filed for a divorce from him alleging […]
RENO v. HOPKINTON, 115 N.H. 706 (1975)
349 A.2d 585 MARION S. RENO a. v. TOWN OF HOPKINTON No. 7076Supreme Court of New Hampshire Board of Taxation Decided December 31, 1975 1. Taxpayers’ land qualifying as “wild land” under the statutory definition, but not under the current use advisory board’s criterion impermissibly narrowing the statutory definition and contravening the express purpose of […]
DREW v. KING, 76 N.H. 184 (1911)
80 A. 642 DREW v. KING a. Supreme Court of New Hampshire Coos. Decided June 24, 1911. A receiptor for attached personalty is discharged of liability by delivering the identical property on demand, in as good condition as when he received it, although its value is less than that stated in the receipt. TROVER, for […]
SAWIN v. CARR, 114 N.H. 462 (1974)
323 A.2d 924 DAVID SAWIN a. v. HAZEL M. CARR a. No. 6744Supreme Court of New Hampshire Hillsborough Decided July 19, 1974 1. Possession of real estate may be prima facie evidence of title in the possessors and may be sufficient constructive notice of such title to put a third party on inquiry. 2. Purchaser […]
MOORE’S CASE, 76 N.H. 227 (1911)
81 A. 703 MOORE’S CASE. Supreme Court of New Hampshire Merrimack. Decided November 7, 1911. The fact that an attorney violates his oath of office by consenting that falsehood be done in the court, and is shown to be morally or mentally wanting in the elements of common honesty and fair dealing, is sufficient cause […]
BROWN v. RANDALL, 77 N.H. 594 (1914)
90 A. 786 NELLIE F. BROWN v. HENRY E. RANDALL a. Supreme Court of New Hampshire Rockingham. Decided May 5, 1914. ASSUMPSIT, against Henry E. Randall, Eugene F. Hobson, and four others, to recover damages for breach of contract. Trial by jury and verdict for the plaintiff. Transferred from the April term 1912, of the […]
CONSOLIDATION COAL CO. v. COMPANY, 82 N.H. 91 (1925)
129 A. 876 CONSOLIDATION COAL COMPANY v. TWIN STATE GAS ELECTRIC COMPANY. Supreme Court of New Hampshire Rockingham. Decided June 2, 1925. The vendee under a contract for the purchase of coal to be delivered in installments during the year having failed to make payments as agreed, and the contract providing that the terms of […]
LAMB v. INSURANCE CO., 88 N.H. 21 (1936)
184 A. 169 EMMA E. WOODARD LAMB v. UNITED STATES FIRE INSURANCE COMPANY. Supreme Court of New Hampshire Hillsborough. Decided March 3, 1936. Motive for an unlawful act may be shown by evidence indicating hostility toward the person injured thereby, though such evidence relates to a time subsequent to the wrong. The mere fact that […]
STATE v. PAULSEN, 143 N.H. 447 (1999)
726 A.2d 902 THE STATE OF NEW HAMPSHIRE v. DAVID PAULSEN No. 95-397Supreme Court of New Hampshire Rockingham Decided March 18, 1999 1.Indictment and Information — Joinder — Duplicity Duplicitous indictments are unconstitutional because they fail to ensure notice to defendant, protect against double jeopardy, and assure reliability of a unanimous jury verdict. 2. Indictment […]