PAGE v. RAMSDELL. Supreme Court of New Hampshire Merrimack. Decided June, 1880. In replevin for a chattel unlawfully detained, a plea of property raises the issue of title, which is not determined by a finding of wrongful detention. REPLEVIN, for a cow unlawfully detained. Plea of property in the defendant. The referee, to whom the […]
Category: New Hampshire Court Opinions
STATE v. O’CONNELL, 131 N.H. 92 (1988)
550 A.2d 747 THE STATE OF NEW HAMPSHIRE v. ALFRED O’CONNELL No. 88-029Supreme Court of New Hampshire Rockingham Decided November 4, 1988 1. Constitutional Law — Self-Incrimination — Nature and Purpose of Right The privilege against self-incrimination extends not only to answers that in themselves would support a conviction, but also to any information sought […]
PIATECK v. SWINDELL, 84 N.H. 402 (1930)
151 A. 262 WALENTZ PIATECK v. KENNETH G. SWINDELL. Supreme Court of New Hampshire Hillsborough. Decided June 26, 1930. A person is not careless because he did not look out for dangers which he had no occasion to anticipate; there is no carelessness in encountering dangers not reasonably to be sensed and not in fact […]
BEE v. CHICOPEE MFG. CORP., 94 N.H. 478 (1947)
55 A.2d 897 NELLIE S. BEE v. CHICOPEE MFG. CORP. OF N.H. No. 3684.Supreme Court of New Hampshire Hillsborough. Decided December 2, 1947. Cancellation of a release will not be ordered as a matter of law on the ground of mutual mistake simply because the releasor, who accepted a “lump sum” settlement in lieu of […]
WENTWORTH v. SARGENT, 82 N.H. 111 (1925)
129 A. 878 ALVIN F. WENTWORTH a. v. ERNEST A. SARGENT a. Supreme Court of New Hampshire Grafton. Decided June 2, 1925. A contract for the sale of standing timber, paid for entirely by notes, providing that all timber should remain the property of the vendor until payment in full of the purchase price, and […]
BOURDON v. BOURDON, 105 N.H. 432 (1964)
201 A.2d 889 ALICE BOURDON v. ROBERT J. BOURDON. No. 5226.Supreme Court of New Hampshire Hillsborough.Argued April 9, 1964. Decided July 1, 1964. 1. The right of a divorced parent to visit his minor children is an important one and should not be denied without sufficient cause. However the right is not absolute and the […]
STATE v. MWANGI, 161 N.H. 699 (2011)
20 A.3d 940 THE STATE OF NEW HAMPSHIRE v. JOHN MWANGI. No. 2010-277.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: February 16, 2011. Opinion Issued: April 12, 2011. 1. Criminal Law — Judgment and Sentence —Pretrial Confinement Credit It is within the trial court’s discretion to allocate pretrial confinement credit. 2. Constitutional Law — Due […]
KANN v. COMPANY, 85 N.H. 41 (1931)
153 A. 823 WILLIAM L. KANN v. WAUSAU ABRASIVES COMPANY. Supreme Court of New Hampshire Merrimack. Decided March 3, 1931. As an aid to construing and applying a written contract it is permissible to show the facts surrounding the undertaking including what was said or written in the preliminary negotiations as bearing on each party’s […]
WINSLOW v. LOCKE, 60 N.H. 580 (1880)
WINSLOW v. LOCKE. Supreme Court of New Hampshire Rockingham. Decided December, 1880. ASSUMPSIT. Facts found by a referee. The plaintiff delivered to the defendant goods sold by the plaintiff on the credit of one E.L., who became bankrupt. By an oral agreement between the plaintiff, the defendant, and E.L., the defendant became the plaintiff’s debtor […]
STATE v. COOK, 158 N.H. 708 (2009)
THE STATE OF NEW HAMPSHIRE v. CHARLES COOK. No. 2008-392.Supreme Court of New Hampshire. Belknap.Argued: March 18, 2009. Opinion Issued: May 15, 2009. 1. Evidence — Other Bad Acts — Generally The purpose of the rule relating to other crimes, wrongs, or acts is to ensure that the defendant is tried on the merits of […]
JONES v. JONES, 62 N.H. 463 (1883)
JONES v. JONES. Supreme Court of New Hampshire Rockingham. Decided June, 1883. Abuse which causes mental suffering and thus produce ill-health, rendering cohabitation physically unsafe, is legal cruelty and ground for divorce. Page 464 Whether abuse, unaccompanied by violence to the person, in a given case, affected the mental and physical health, is a question […]
MOLBURG v. HUNTER HOSIERY CO., 102 N.H. 422 (1960)
158 A.2d 288 RICHARD P. MOLBURG v. HUNTER HOSIERY, INC. No. 4802.Supreme Court of New Hampshire Belknap.Argued January 5, 1960. Decided February 29, 1960. 1. Where the defendant employer maintained a profit-sharing plan for the benefit of the employees, by the terms of which any interest in such plan which any employee may have shall […]
FULTON PULLEY CO. v. MACHINE CO., 71 N.H. 384 (1902)
52 A. 457 FULTON PULLEY CO. v. BATES MACHINE CO. GAGE v. SAME. KING v. SAME. Supreme Court of New Hampshire Hillsborough. Decided May 6, 1902. Whether a judgment by default should be vacated and the trustee in bankruptcy of the defendant be allowed an opportunity to contest the claim, on the ground that a […]
PRUDENTIAL PROP. CAS. INS. CO. v. RAYMOND, 138 N.H. 17 (1993)
634 A.2d 1015 PRUDENTIAL PROPERTY CASUALTY INSURANCE COMPANY v. LAUREEN RAYMOND, ADMINISTRATRIX OF THE ESTATE OF MARCEL RAYMOND No. 92-716Supreme Court of New Hampshire Rockingham Decided December 3, 1993 1. Insurance — Policies — Construction Although ambiguous policy language must be construed against the insurer, language is only ambiguous if the contracting parties reasonably differ […]
DURGIN v. KENNETT, 67 N.H. 329 (1892)
29 A. 414 DURGIN v. KENNETT. Supreme Court of New Hampshire Carroll. Decided December, 1892. A landowner who so maintains a partition fence which he is bound to maintain that it is sufficient to prevent domestic animals from passing over or through it, but negligently fails to keep it in suitable and reasonably safe condition […]
STATE v. ALLARD, 116 N.H. 240 (1976)
356 A.2d 671 STATE OF NEW HAMPSHIRE v. DONALD A. ALLARD No. 7311Supreme Court of New Hampshire Hillsborough Decided April 30, 1976 1. The issue on appeal from the denial of a motion to withdraw a plea of guilty is whether the plea was voluntarily and understandingly entered into by the defendant, not whether he […]
ADAMS v. ADAMS, 80 N.H. 80 (1921)
113 A. 279 SAMUEL C. ADAMS v. SUSAN P. ADAMS a. Supreme Court of New Hampshire Carroll. Decided March 1, 1921. Under G.L., c. 183, s. 1, a married woman may make a valid contract to sell her land to her husband, may make conveyance thereof directly to him, or may be estopped to set […]
ANDREWS v. GREEN, 62 N.H. 436 (1882)
ANDREWS v. GREEN. Supreme Court of New Hampshire Coos. Decided December, 1882. An employer is not liable for an act of his servant done in violation of orders, beyond the scopes of his employment, and without fault on the part of the employer. CASE. Facts found by a referee. The defendant had a number of […]
N.H. STRUCTURAL STEEL CO.’S v. PETITION, 90 N.H. 547 (1940)
11 A.2d 713 PETITION OF NEW HAMPSHIRE STRUCTURAL STEEL CO. a. No. 3132.Supreme Court of New Hampshire Hillsborough. Decided March 5, 1940. Receivership expenses of an insolvent corporation have priority over taxes assessed prior to the receivership and not secured by any statutory lien. INTERLOCUTORY ORDER, in a receivership over an insolvent corporation. The City […]
JAMESTOWN MUT. INS. CO. v. MEEHAN, 113 N.H. 639 (1973)
312 A.2d 689 JAMESTOWN MUTUAL INSURANCE COMPANY v. ELIZABETH G. MEEHAN AND THOMAS G. MEEHAN, doing business as DERRYFIELD HOTEL, FRANCIS E. HUARD AND JOHN M. WALSH No. 6639Supreme Court of New Hampshire Hillsborough Decided November 30, 1973 1. As a general rule, declaratory judgment is the proper and convenient procedure for conclusively deciding preliminary […]
ORFORD TEACHERS ASSOC. v. WATSON, 121 N.H. 118 (1981)
427 A.2d 21 ORFORD TEACHERS ASSOCIATION a. v. HUGH WATSON, SUPERINTENDENT OF SCHOOLS a. No. 80-307Supreme Court of New Hampshire Grafton Decided March 6, 1981 1. Records — Inspection — Right-To-Know Law Statutory exemption from public access to executive sessions contained in New Hampshire’s right-to-know law, like all other exemptions, must be construed narrowly. RSA […]
LASSONDE v. STANTON, 157 N.H. 582 (2008)
HAROLD LASSONDE, III d/b/a MOUNTAIN VIEW CONSTRUCTION v. CHARLES STANTON a. No. 2007-447.Supreme Court of New Hampshire. Coos.Argued: April 30, 2008. Opinion Issued: August 15, 2008. 1. Appeal and Error — Preservation of Questions— Failure to Raise Issue Appellate questions not presented in a notice of appeal are generally considered waived by the appellate court. […]
LINZELL v. NELSON, 119 N.H. 40 (1979)
397 A.2d 306 LLOYD W. LINZELL v. JOHN G. NELSON, JR., TRUSTEE No. 78-221Supreme Court of New Hampshire Hillsborough Decided January 31, 1979 Mortgages — Foreclosure — Sale There was no abuse of discretion by trial court in allowing mortgagee to proceed with power-of-sale provisions of mortgage and provide for distribution of proceeds in the […]
STATE v. STORY, 97 N.H. 141 (1951)
83 A.2d 142 STATE v. STEPHEN B. STORY. STATE v. DONAT F. COTE. Nos. 4019. 4020.Supreme Court of New Hampshire Merrimack. Decided July 27, 1951. An indictment is valid if it informs the respondent of the nature and cause of the accusation with sufficient definiteness so that he can prepare for trial. It is unnecessary […]
ROCKWELL v. HUSTIS, 79 N.H. 57 (1918)
104 A. 127 DEARBORN S. ROCKWELL v. JAMES H. HUSTIS, Receiver. HENRY HOLDEN v. SAME. Supreme Court of New Hampshire Hillsborough. Decided June 29, 1918. To an action upon the federal employers’ liability act, 35 U.S. Stat. 65, c. 149, the negligence of a fellow-servant is not a defence. A verdict will not be set […]
LEAR v. DURGIN, 64 N.H. 618 (1888)
15 A. 127 LEAR v. DURGIN. Supreme Court of New Hampshire Merrimack. Decided June, 1888. WRIT OF ENTRY. ALLEN, J. The demanded premises were reserved by the grantor in the deed upon which the plaintiff relies to make her title, and she offered parol evidence to show that the reservation was not intended, which was […]
OPINION OF THE JUSTICES, 74 N.H. 606 (1907)
68 A. 373 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided July 19, 1907. The statute directing the governor to provide by contract for the railroad transportation of certain public officers imposes upon him a duty pertaining to the fiscal administration of the government, as to the performance of which the governor and […]
STATE v. MARTINA, 135 N.H. 111 (1991)
600 A.2d 132 THE STATE OF NEW HAMPSHIRE v. VINCENT C. MARTINA No. 90-382Supreme Court of New Hampshire Pittsfield District Court Decided December 6, 1991 1. Contempt — Common Law Statute stipulating that no conduct or omission constitutes an offense unless it is defined as such by code or statute does not abrogate offense of […]
IN RE ESTATE OF RADUAZO, 148 N.H. 687 (2002)
814 A.2d 147 In Re Estate of Geraldine A. Raduazo No. 2001-189Supreme Court of New Hampshire Rockingham County Probate CourtArgued June 12, 2002 Opinion Issued December 18, 2002 1. Torts—Immunity—Sovereign Immunity In action by the estate of a person, who, prior to her death received medical assistance through the State’s Medicaid program, claiming that the […]
MANCHESTER SAV. BANK v. N.H. ASS’N SAV. BANKS, 110 N.H. 341 (1970)
266 A.2d 838 MANCHESTER SAVINGS BANK et als v. NEW HAMPSHIRE ASSOCIATION OF SAVINGS BANKS. No. 6049.Supreme Court of New Hampshire Hillsborough. Decided June 30, 1970. 1. An owner-depositor of a state chartered mutual savings bank has legal standing to question the legality of a plan whereby the bank would merge into a state chartered […]
WHITMAN v. N.H. ELECTRIC COOPERATIVE, INC., 123 N.H. 111 (1983)
459 A.2d 224 MICHAEL C. WHITMAN a. v. NEW HAMPSHIRE ELECTRIC COOPERATIVE, INC. No. 82-271Supreme Court of New Hampshire Grafton Decided March 21, 1983 1. Statutes — Construction and Application — Sections Considered Together Since the plain language of the statute governing cooperative associations establishes that the association has the power to adopt bylaws, the […]
IN RE PETITION OF BAYVIEW, 155 N.H. 781 (2007)
930 A.2d 1190 PETITION OF BAYVIEW CREMATORY, LLC a. No. 2006-900.Supreme Court of New Hampshire Rockingham.Argued: June 14, 2007. Opinion Issued: August 8, 2007. 1. Parties — Class Actions — Review ofCertification A trial court’s decision certifying a class action is reviewed for an unsustainable exercise of discretion, but the court’s decisions on matters of […]
CLOUTER v. CHARLAND, 100 N.H. 63 (1955)
119 A.2d 96 ERNEST J. CLOUTIER d/b/a FEDERAL HOME INSULATORS. v. HENRY J. CHARLAND a. No. 4414.Supreme Court of New Hampshire Hillsborough.Argued December 6, 1955. Decided December 31, 1955. The fact that plaintiff and his counsel rode in the same bus with the jury when a view was taken during the trial did not entitle […]
STATE v. PLANTE, 133 N.H. 384 (1990)
577 A.2d 95 THE STATE OF NEW HAMPSHIRE v. NORMAN R. PLANTE No. 89-113Supreme Court of New Hampshire Strafford Decided July 18, 1990 1. Constitutional Law — Miranda Warning — Waiver Before statement by defendant can be admitted into evidence, State has the burden of proving beyond a reasonable doubt that defendant was apprised of […]
GUPTILL v. BERGMAN, 108 N.H. 507 (1968)
240 A.2d 55 LAWRENCE W. GUPTILL, JR., Adm’r v. JOHN T. BERGMAN. No. 5669.Supreme Court of New Hampshire Rockingham.Argued December 6, 1967. Decided March 29, 1968. 1. A general exception to denial of requested instructions insofar as they were not given in form or substance by the charge and insofar as the charge was inconsistent […]
PETITION OF BELOW, 151 N.H. 135 (2004)
855 A.2d 459 PETITION OF SENATOR CLIFTON BELOW a. No. 2004-361.Supreme Court of New Hampshire Original.Argued: June 10, 2004. Opinion Issued: June 22, 2004. 1. Legislature — Apportionment — Authority and Duties When the legislature fails to enact a new redistricting plan at its regular session following the federal decennial census, it is neither deprived […]
COWERN v. NORRIS, 137 N.H. 719 (1993)
634 A.2d 992 RICHARD COWERN a. v. DONALD AND DONNA NORRIS No. 92-341Supreme Court of New Hampshire Grafton Decided November 30, 1993 1. Vendor and Purchaser — Contracts to Convey Real Property — Contingencies A financing contingency is satisfied when the mortgage commitment meets the financing requirements of the purchase and sale agreement; Page 720 […]
BLEVENS v. NEW ENGLAND TEL. TEL. CO., 116 N.H. 247 (1976)
356 A.2d 696 KENNETH E. BLEVENS v. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY No. 7313Supreme Court of New Hampshire Original Decided April 30, 1976 1. Defendant’s claim to an easement raised the question whether plaintiff’s title to the real estate entitled him to charge defendant rent and sufficiently involved the title to real estate to […]
BANK COMMISSIONERS v. TRUST CO., 70 N.H. 536 (1900)
49 A. 113 BANK COMMISSIONERS v. SECURITY TRUST CO. Supreme Court of New Hampshire Hillsborough. Decided December, 1900. Interest allowable upon claims against an insolvent bank should be computed to the date of the appointment of the assignee. The holder of a promissory note may assert his claim against a guarantor without demand upon the […]
STRATTON v. STRATTON, 58 N.H. 473 (1878)
STRATTON v. STRATTON AND LADD. Supreme Court of New Hampshire Grafton. Decided August, 1878. Specific performance of an antenuptial agreement for the use of land may be enforced in favor of a husband against his wife. An injunction may be an appropriate method of enforcing specific performance. IN EQUITY. Substance of the bill: The plaintiff […]
DENT v. EXETER HOSP., 155 N.H. 787 (2007)
931 A.2d 1203 DEBORAH A. DENT, ADMINISTRATRIX OF THE ESTATES OF HELEN M. FOLLONI AND LAWRENCE F. FOLLONI v. EXETER HOSPITAL, INC. No. 2006-151.Supreme Court of New Hampshire Rockingham.Submitted: May 10, 2007. Opinion Issued: August 9, 2007. 1. Agency — Generally — Creation ofAgency The necessary factual elements to establish agency involve: (1) authorization from […]
OPINION OF THE JUSTICES, 129 N.H. 180 (1987)
522 A.2d 989 OPINION OF THE JUSTICES. No. 87-080.Supreme Court of New Hampshire Request of the House of Representatives. Decided March 11, 1987. Courts — Supreme Court — Advisory Opinions Supreme Court requested that it be excused from giving an opinion on five questions concerning the constitutionality of a proposed bill that would prohibit homosexuals […]
STATE v. SAWYER, 145 N.H. 704 (2001)
764 A.2d 936 THE STATE OF NEW HAMPSHIRE v. BUFFIE MARY SAWYER. No. 99-259Supreme Court of New Hampshire Grafton Decided January 19, 2001 1. Search and Seizure — Generally — Constitutional Provisions Trial court erred in concluding that officer’s conduct did not trigger defendant’s constitutional protections, since Part I, Article 19 of New Hampshire Constitution […]
STATE v. HANCOCK, 156 N.H. 301 (2007)
THE STATE OF NEW HAMPSHIRE v. RICHARD HANCOCK. No. 2006-186.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: June 14, 2007. Opinion Issued: October 16, 2007. 1. Criminal Law — Judgment and Sentence — Statutory Provisions Under the statute governing enforcement of probation, violations are mandated to be enforced exclusively through imposing a fine or imprisonment. […]
GROSSBARD v. RAILWAY, 78 N.H. 496 (1917)
102 A. 534 MAX GROSSBARD v. GRAND TRUNK RAILWAY COMPANY. Supreme Court of New Hampshire Coos. Decided November 6, 1917. The assertion of counsel in argument: “If there is the least iota of evidence of G’s [the plaintiff’s] negligence, I don’t see it,” is not a statement of a fact not, in evidence, but a […]
STATE v. PATCH, 135 N.H. 127 (1991)
599 A.2d 1243 THE STATE OF NEW HAMPSHIRE v. PHILIP E. PATCH No. 90-223Supreme Court of New Hampshire Strafford Decided December 11, 1991 1. Indictment and Information — Duplication of Charges — Generally An indictment is duplicitous when it charges two or more offenses in one count. 2. Sexual Assault — Construction of Laws — […]
STATE v. CAVALIERE, 140 N.H. 108 (1995)
663 A.2d 96 THE STATE OF NEW HAMPSHIRE v. FRANCIS CAVALIERE No. 94-076Supreme Court of New Hampshire Belknap Decided August 9, 1995 1. Evidence — Expert Testimony — Generally Expert testimony admitted under N.H. R. Ev. 702 must be reliable to be admissible. N.H. R. Ev. 702. 2. Evidence — Expert Testimony — Review The […]
STATE V. ADDISON, 160 N.H. 732 (2010)
THE STATE OF NEW HAMPSHIRE v. MICHAEL ADDISON. No. 2008-945.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: April 28, 2010. Opinion Issued: October 6, 2010. 1. Homicide — Death Penalty — Generally The legislature intended for the 1977 amendments to the death penalty procedures in the state to comply with the standards thought to be […]
EDIN v. EDIN, 119 N.H. 783 (1979)
407 A.2d 828 RONALD E. EDIN v. LILLIAN B. EDIN No. 79-148Supreme Court of New Hampshire Rockingham Decided October 24, 1979 Parent and Child — Support — Modifying Support Order Husband’s motion to reduce support payments of one hundred dollars a week for support of four minor children because a daughter who had been living […]
PERKINS v. FOYE, 60 N.H. 496 (1881)
PERKINS v. FOYE. Supreme Court of New Hampshire Strafford. Decided June, 1881. As a general rule, to authorize the interposition of equity by injunction, it must appear that there is danger of irreparable mischief, that the plaintiff has not an adequate remedy at law, and the right supposed to be invaded must have been established […]
MORRISON v. MANCHESTER, 58 N.H. 538 (1879)
MORRISON v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided March, 1879. Mortgaged property may be taxed to the mortgagor in possession. APPEAL, from the refusal of the tax assessors of Manchester to abate a part of a tax assessed by them to the plaintiff for his real estate, which is subject to mortgages given […]
L. GROSSMAN SONS, INC. v. TOWN OF GILFORD, 118 N.H. 480 (1978)
387 A.2d 1178 L. GROSSMAN SONS, INC. v. TOWN OF GILFORD No. 78-033Supreme Court of New Hampshire Belknap Decided June 27, 1978 1. Zoning — Nonconforming Uses — Existing Uses Town could not require plaintiff under its zoning ordinance to remove sign without compensation and substitute a much smaller sign where property owner had a […]
WALKER v. WALKER, 108 N.H. 341 (1967)
235 A.2d 520 ESSFA E. WALKER v. HOWARD C. WALKER. No. 5672.Supreme Court of New Hampshire Carroll.Argued October 3, 1967. Decided November 30, 1967. 1. Where a liability insurer undertook by its policy to pay in addition to the applicable limits, all expenses incurred by the insurer and all costs taxed against the insured and […]
STATE v. BEAUDETTE, 124 N.H. 579 (1984)
474 A.2d 1012 THE STATE OF NEW HAMPSHIRE v. STEVEN BEAUDETTE No. 83-145Supreme Court of New Hampshire Rockingham Decided February 29, 1984 1. Weapons — Statutes The supreme court rules that a pellet gun is not a “firearm” within the statute governing felonious use of a firearm, since a firearm acts by force of gunpowder […]
MERRIMACK SHEET METAL CO. v. MARTIN, 110 N.H. 84 (1969)
260 A.2d 460 MERRIMACK SHEET METAL, INC. a. v. GEORGE L. MARTIN a. No. 5988.Supreme Court of New Hampshire Merrimack. Decided December 30, 1969. 1. Where following Trial Court order that workmen’s compensation benefits be terminated as of June 30, 1967 if defendant did not undergo operation for herniated disc in his lower spine by […]
N.H.-VT. HEALTH SERV. v. COMM’N OF INS., 122 N.H. 268 (1982)
444 A.2d 508 NEW HAMPSHIRE-VERMONT HEALTH SERVICE v. COMMISSIONER OF INSURANCE No. 81-399Supreme Court of New Hampshire Merrimack Decided March 22, 1982 1. Statutes — Construction and Application — Legislative Intent In determining legislative intent, the supreme court begins by examining the language of the statute itself. 2. Statutes — Construction and Application — Particular […]
BEAUDIN v. COMPANY, 94 N.H. 202 (1946)
50 A.2d 77 ARLENE D. BEAUDIN, Adm’ of the estate of OSCAR L. BEAUDIN v. CONTINENTAL BAKING COMPANY AND DAMON W. HALL. CONTINENTAL BAKING COMPANY v. ARLENE D. BEAUDIN, Adm’x of the estate of OSCAR L. BEAUDIN. No. 3614.Supreme Court of New Hampshire Hillsborough. Decided December 3, 1946. Where immediately before an accident the plaintiff […]
JOHNSON v. SHAW, 101 N.H. 182 (1957)
137 A.2d 399 RAY C. JOHNSON v. ARTHUR W. SHAW. No. 4595.Supreme Court of New Hampshire Grafton.Argued November 5, 1957. Decided December 18, 1957. 1. Where the grantor owned hotel property on one side of a highway and conveyed one of several lots she owned across the highway subject to the restriction that no “overnight […]
MONROE v. STERLING, 92 N.H. 11 (1942)
24 A.2d 272 CLAYTON B. MONROE v. ARTHUR STERLING. No. 3304.Supreme Court of New Hampshire Carroll. Decided January 6, 1942. In an action by a highway pedestrian for injuries received from the negligent driving of a car by the defendant which came upon the plaintiff from the rear, certain evidence justified the conclusion that the […]
IN RE MILLER, 98 N.H. 107 (1953)
95 A.2d 116 IN RE DONALD J. MILLER. No. 4185.Supreme Court of New Hampshire Strafford. Decided March 3, 1953. The statutory provision (Laws 1949, c. 314, s. 4) requiring a mental examination of alleged sexual psychopaths accused of sex offenses by an appointed examining board to determine whether the person is a sexual psychopath does […]
FELLOWS v. FELLOWS, 69 N.H. 339 (1898)
46 A. 474 FELLOWS a. v. FELLOWS. HOWE, Adm’r, a. v. FELLOWS, Adm’r, a. Supreme Court of New Hampshire Merrimack. Decided June, 1898. A conveyance of land by A to B, in consideration of a bond from B conditioned for the support of A during life and the payment of a sum of money to […]
HILTON v. RAILROAD, 73 N.H. 116 (1904)
59 A. 625 HILTON v. FITCHBURG RAILROAD CO. Supreme Court of New Hampshire Cheshire. Decided December 6, 1904. It is the duty of a master to provide a reasonably sufficient number of competent workmen, and to employ and retain in his service none but reasonably competent and suitable persons. If the proper performance of the […]
STATE v. LANGLAIS, 111 N.H. 83 (1971)
276 A.2d 487 STATE v. WALTER D. LANGLAIS. No. 6044.Supreme Court of New Hampshire Hillsborough. Decided April 5, 1971. 1. A corporate officer who arranged for the delivery of valuable property to his corporation was guilty of obtaining property by false pretenses when, with intent to cheat and defraud, he induced the seller to part […]
ALLBEE v. ELMS, 93 N.H. 202 (1944)
37 A.2d 790 RICHARD C. ALLBEE v. ALICE R. ELMS a. No. 3473.Supreme Court of New Hampshire Grafton. Decided June 6, 1944. Specific performance of an executory contract for personal services is not ordinarily decreed even when the party to render the services is the plaintiff. The legal remedy is ordinarily considered as adequate relief […]
HAWKSLEY v. N.H. INTERSCHOLASTIC ATHLETIC ASS’N., 111 N.H. 386 (1971)
285 A.2d 797 GEORGE F. HAWKSLEY, a minor, by his father and next friend, MERLE HAWKSLEY v. NEW HAMPSHIRE INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. No. 6337.Supreme Court of New Hampshire Coos, ss. Decided December 23, 1971. 1. Where a bylaw of the defendant athletic association reasonably interpreted by it to bar the plaintiff from participation in […]
BELKNAP v. ROBINSON, 67 N.H. 194 (1892)
29 A. 450 BELKNAP, Ex’r, v. ROBINSON, Ap’t. Supreme Court of New Hampshire Rockingham. Decided June, 1892. Upon the issue of undue influence by A upon the wife of B in the making of her will, evidence tending to show that B had an interest in property devised to A is competent. Whether evidence is […]
HACKETT v. PERRON, 119 N.H. 419 (1979)
402 A.2d 193 GLORIA HACKETT a. v. HELEN C. PERRON No. 79-022Supreme Court of New Hampshire Belknap Decided May 23, 1979 1. Evidence — Expert Evidence — Trier of Fact The trier of fact may reject the testimony of an expert. 2. Motor Vehicles — Unavoidable Accident Evidence supported finding that cause of accident where […]
SMITH v. COCA-COLA BOTTLING CO., 92 N.H. 97 (1942)
25 A.2d 125 RALPH S. SMITH v. SALEM COCA-COLA BOTTLING CO., INC. No. 3310.Supreme Court of New Hampshire Hillsborough. Decided March 3, 1942. By the Sales Act (P. L., c. 166, s. 15, pars. 1 and 2) the implied warranty of fitness and merchantability of goods does not run with the goods in favor of […]
APPEAL OF MIKELL, 145 N.H. 435 (2000)
765 A.2d 143 APPEAL OF HEIDI L. MIKELL (New Hampshire Compensation Appeals Board) No. 99-017Supreme Court of New Hampshire Compensation Appeals Board Decided November 28, 2000 1. Worker’s Compensation — Compensation — Computation of Awards In computing an employee’s average weekly wage for worker’s compensation purposes, legislature intended provision to apply to an employee who […]
WEISS-LAWRENCE CO. v. RILEY, 100 N.H. 41 (1955)
118 A.2d 731 WEISS-LAWRENCE, INC. v. WILLIAM H. RILEY, Commissioner of Labor. No. 4435.Supreme Court of New Hampshire Strafford.Argued November 2, 1955. Decided December 6, 1955. In determining whether or not certain piece work performed by individuals in their homes for a common employer constitutes “employment” within the meaning of the Unemployment Compensation Act (RSA […]
BROWN v. EASTMAN, 72 N.H. 356 (1903)
57 A. 96 BROWN, Adm’r, v. EASTMAN, Ex’r, a. Supreme Court of New Hampshire Carroll. Decided December 31, 1903. Where a will bequeaths the residue of an estate to the wife of the testator, “she to have the use and control of the same and the right to use as much of the same as […]
STATE v. McGANN, 126 N.H. 316 (1985)
493 A.2d 452 THE STATE OF NEW HAMPSHIRE v. MICHAEL B. McGANN No. 84-538Supreme Court of New Hampshire Cheshire Decided March 28, 1985 1. Statutes — Interstate Compacts — Detainers Language of statute governing when interstate agreement on detainers may be invoked by a defendant is sufficiently broad to include those indictments arising before incarceration […]
WRIGHT v. BUCK, 62 N.H. 656 (1883)
WRIGHT v. BUCK. Supreme Court of New Hampshire Grafton. Decided June, 1883. The plaintiff is not prevented from recovering in an action upon a promissory note which, after suit brought, she has given up to the defendant for a new note for the amount of the old one and ten dollars cash, when the defendant […]
IN THE MATTER OF STATE TAYLOR, 153 N.H. 700 (2006)
IN THE MATTER OF STATE OF NEW HAMPSHIRE AND MARK A. TAYLOR. No. 2005-273.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: February 8, 2006. Opinion Issued: July 19, 2006. 1. Divorce — Child Support — Amount; FactorsConsidered While trial courts have discretion to adjust a child support award based upon special circumstances, the legislative scheme […]
AMABELLO v. COLONIAL MOTORS, 117 N.H. 556 (1977)
374 A.2d 1182 ROBERT AND CAROLE AMABELLO v. COLONIAL MOTORS a.k.a. ANDY’S MOTOR SERVICE No. 7674Supreme Court of New Hampshire Hillsborough Decided June 27, 1977 1. Abuse of Process — Particular Cases Trial court was correct in dismissing car owners’ abuse of process claim where garage owner issued notice of intent to sell under statute […]
CHANDLER v. BATCHELDER, 61 N.H. 370 (1881)
CHANDLER, Adm’r, v. BATCHELDER a. Supreme Court of New Hampshire Hillsborough. Decided December, 1881. Upon a sufficient bond being given by a residuary legatee for the benefit of other legatees entitled to security, it was held, under the circumstances of the case, that property would be properly conveyed by the executor to the residuary legatee, […]
FIFIELD v. MAYER, 79 N.H. 82 (1918)
104 A. 887 CHARLES F. FIFIELD v. EDWARD D. MAYER a. Supreme Court of New Hampshire Rockingham. Decided November 6, 1918. A surety who has signed a note secured by a second mortgage, upon the mortgagor’s representation that the proceeds thereof will be applied to discharge all claims upon the premises, is entitled after payment […]
STATE v. MURRAY, 106 N.H. 71 (1964)
205 A.2d 29 STATE v. JAMES O. S. MURRAY. No. 5252.Supreme Court of New Hampshire Wilton Municipal Court.Argued October 6, 1964. Decided November 30, 1964. 1. The privilege from arrest granted to a member of the National Guard while going to or returning from any place at which he is required to attend military duty […]
STATE v. NEWMAN, 148 N.H. 287 (2002)
808 A.2d 7 THE STATE OF NEW HAMPSHIRE v. STEVEN NEWMAN No. 2000-657Supreme Court of New Hampshire CarrollArgued January 15, 2002 Opinion Issued September 13, 2002 1. Criminal Law—Confrontation of Witnesses—Discretion of TrialCourt When the record reveals that a threshold level of inquiry was allowed, the trial court’s decision limiting the scope of further cross-examination […]
OPINION OF THE JUSTICES, 162 N.H. 160 (2011)
27 A.3d 859 OPINION OF THE JUSTICES (Requiring Attorney General To Join Lawsuit). No. 2011-319.Supreme Court of New Hampshire. Request of the Senate.Submitted: May 23, 2011. Opinion Issued: June 15, 2011. 1. Courts — Supreme Court — Scope of Review Where one house of the legislature has sought an opinion, the Justices of the Supreme […]
REED v. PRESCOTT, 70 N.H. 88 (1899)
46 A. 457 REED v. PRESCOTT a. Supreme Court of New Hampshire Belknap. Decided December, 1899. Where it is alleged that the allowance of claims by the commissioner of an insolvent estate and the acceptance of his report were obtained through fraud, the remedy of the person aggrieved is an application to the probate court […]
STATE v. GILSON, 116 N.H. 230 (1976)
356 A.2d 689 STATE OF NEW HAMPSHIRE v. VIRGINIA GILSON No. 7233Supreme Court of New Hampshire Keene District Court Decided April 30, 1976 1. Affidavit containing informant’s statements buttressed by affiant’s observations and personal knowledge and corroborated by independent events was sufficient to support conclusion that defendant and her companion were probably in possession of […]
EMERSON v. EMERSON, 58 N.H. 413 (1878)
EMERSON ux. v. EMERSON. Supreme Court of New Hampshire Strafford. Decided August, 1878. In a writ of entry, if the tenant plead nul disseizin, and the plaintiff prove a title and prior possession, it is no defence to show a better title in a third person. If such third person is the landlord of the […]
CHESLEY v. ESTATE OF CHESLEY, 117 N.H. 280 (1977)
372 A.2d 281 J. CALVIN CHESLEY, ELMER B. CHESLEY AND CHESLEY T. BIXBY v. ESTATE OF T. JEWETT CHESLEY No. 7629Supreme Court of New Hampshire Strafford Decided March 31, 1977 1. Courts — Superior Courts — Jurisdiction Where probate decree was entered on March 18, 1976, and residuary legatees filed appeal to superior court on […]
STATE v. DERY, 134 N.H. 370 (1991)
594 A.2d 149 THE STATE OF NEW HAMPSHIRE v. GEORGE D. DERY No. 88-098Supreme Court of New Hampshire Merrimack Decided July 3, 1991 1. Constitutional Law — Speedy Trial — Reindictment When a defendant is initially indicted within sixty days of arrest, in accordance with rule announced in State v. Hastings, 120 N.H. 454, 417 […]
PAQUETTE v. JOYCE, 117 N.H. 832 (1977)
379 A.2d 207 WAYNE PAQUETTE v. NORMAN L. JOYCE a. No. 7807Supreme Court of New Hampshire Belknap Decided October 24, 1977 1. Negligence — Foreseeability It is question of law for determination by court whether defendants’ conduct created such a foreseeable risk of harm to particular plaintiff that defendants were under duty to avoid it. […]
NASHUA c. PAPER CO. v. NOYES CO., 93 N.H. 348 (1945)
41 A.2d 920 NASHUA GUMMED COATED PAPER COMPANY v. NOYES BUICK COMPANY. No. 3521.Supreme Court of New Hampshire Hillsborough. Decided April 3, 1945. Where the evidence justified a finding that the use of an acetylene torch in repairing a building in close proximity to combustible material located therein was dangerous in itself, the defendant could […]
TOTHILL v. ESTATE OF CENTER, 152 N.H. 389 (2005)
877 A.2d 213 SANDRA TOTHILL v. THE ESTATE OF WARREN CENTER MT. WASHINGTON ASSURANCE CORPORATION v. PHENIX MUTUAL FIRE INSURANCE COMPANY a. Nos. 2004-466, 2004-756.Supreme Court of New Hampshire Merrimack.Argued: May 18, 2005. Opinion Issued: June 24, 2005. 1. Workers’ Compensation — Proceedings to Secure Compensation —Exclusive Remedy An employee who seeks workers’ compensation, and […]
BARTLETT v. GILCREAST, 72 N.H. 145 (1903)
55 A. 189 BARTLETT v. GILCREAST. Supreme Court of New Hampshire Rockingham. Decided May 5, 1903. A levy of an execution upon real estate as if the debtor’s interest therein was an equity of redemption is void if his interest is in fact an unincumbered estate in fee. A misdescription of a mortgage in the […]
WENTWORTH HOME v. PORTSMOUTH, 108 N.H. 514 (1968)
238 A.2d 730 MARK H. WENTWORTH HOME v. PORTSMOUTH. No. 5696.Supreme Court of New Hampshire Rockingham.Argued February 7, 1968. Decided March 29, 1968. 1. In determining whether an individual building or parcel of land owned by a charitable institution is exempt from property taxation under the statute (RSA 72:23 V (supp)) exempting property owned by […]
BURNHAM v. STILLINGS, 76 N.H. 122 (1911)
79 A. 987 BURNHAM v. STILLINGS a. Supreme Court of New Hampshire Merrimack. Decided May 2, 1911. A physician who serves upon a hospital staff without compensation, and undertakes the treatment of a patient at the institution without any contract of employment between them, is liable for injuries attributable to his failure to exercise due […]
APPLIN v. KNOWLTON, 85 N.H. 320 (1932)
158 A. 131 ELWIN H. APPLIN v. GEORGE F. KNOWLTON, Adm’r. Supreme Court of New Hampshire Cheshire. Decided January 5, 1932. On a probate appeal from the disallowance by a commissioner of a claim upon a note, a motion by the administrator to join other signers of the note will not be entertained. On appeal […]
FREAR v. COMPANY, 83 N.H. 64 (1927)
139 A. 86 KATHERYN FREAR, by her next friend, v. MANCHESTER TRACTION, LIGHT POWER COMPANY a. Supreme Court of New Hampshire Hillsborough. Decided June 7, 1927. One who assumes the position of owner or occupier of premises and extends an invitation to enter on the same is bound to use reasonable care to see that […]
HOWIE v. LEGRO, 78 N.H. 325 (1917)
99 A. 650 GEORGE HOWIE v. CARRIE L. LEGRO, Ex’x. Supreme Court of New Hampshire Hillsborough. Decided January 2, 1917. The testimony of the surviving party as to matters about which the deceased could have testified, is excluded when his representative, being a party to the suit, does not elect to testify, unless it appear […]
APPEAL OF CITY OF CONCORD, 139 N.H. 277 (1994)
651 A.2d 944 APPEAL OF THE CITY OF CONCORD (New Hampshire Public Employee Labor Relations Board) No. 92-285Supreme Court of New Hampshire Public Employee Labor Relations Board December 30, 1994 1. Labor — Labor Unions — Labor Relations Laws A decision of the public employee labor relations board will not be overturned on appeal unless […]
ROY v. MONITOR-PATRIOT CO., 109 N.H. 441 (1969)
254 A.2d 832 ROSELLE A. ROY, Ex’x v. MONITOR-PATRIOT Co. a. No. 5780.Supreme Court of New Hampshire Hillsborough.Argued February 4, 1969. Decided June 30, 1969. 1. In actions for libel, the Federal constitutional protections which permit recovery only on proof that the publications were knowingly false, or that they were false and were published with […]
FINKELSTEIN v. RAILWAY, 75 N.H. 303 (1909)
73 A. 705 FINKELSTEIN v. KEENE ELECTRIC RAILWAY CO. Supreme Court of New Hampshire Cheshire. Decided June 26, 1909. Where the servant of a street railway company testifies on cross-examination that he made a written report to his employers of a transaction which is the subject of inquiry, the report is not thereby rendered competent […]
ATTORNEY GENERAL EX REL. CHAMBERLIN v. NADEAU, 110 N.H. 264 (1970)
266 A.2d 118 ATTORNEY GENERAL ex rel JAMES C. CHAMBERLIN v. JOSEPH P. NADEAU No. 5986Supreme Court of New Hampshire Strafford Decided June 2, 1970 1. A resignation from a public office is not effective until accepted by the appointing authority; a resignation of a justice of a district court is properly submitted to the […]
NASON v. LORD-MERROW EXCELSIOR CO., 92 N.H. 251 (1942)
29 A.2d 464 WILLIS L. NASON v. LORD-MERROW EXCELSIOR CO. No. 3355.Supreme Court of New Hampshire Carroll. Decided December 1, 1942. In an action by a servant against his master for injuries received from defective machinery, a motion that the plaintiff be required to elect between two counts each charging a defect consistent with the […]
HONNON v. KERR, 85 N.H. 386 (1932)
159 A. 121 JOSEPH HONNON v. JAMES H. KERR. Supreme Court of New Hampshire Coos. Decided February 2, 1932. P. L. c. 378, s. 6 declaring that “no person shall, within the compact part of a town, fire or discharge any cannon . . . or any preparation of gunpowder or other explosives” is designed […]