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 […]
Category: New Hampshire Court Opinions
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 […]
GALE v. BARNES, 66 N.H. 183 (1889)
19 A. 1001 GALE a. v. BARNES a. Supreme Court of New Hampshire Coos. Decided December, 1889. A judgment, charging one who is summoned as trustee of one member of a firm, entered upon an erroneous disclosure that the debt was owing to the individual member when it was in fact to the firm, is […]
STATE v. FECTEAU, 132 N.H. 646 (1990)
568 A.2d 1187 THE STATE OF NEW HAMPSHIRE v. GARY M. FECTEAU No. 88-218Supreme Court of New Hampshire Strafford Decided January 31, 1990 1. Constitutional Law — Miranda Warning — Generally In advising criminal suspects, prior to custodial interrogation, of their fifth amendment privilege against self-incrimination, police need not echo the exact warnings described in […]
HERRON v. NORTHWOOD, 111 N.H. 324 (1971)
282 A.2d 661 THERESA C. HERRON v. NORTHWOOD. No. 6276.Supreme Court of New Hampshire Rockingham. Decided October 5, 1971. 1. A town budget committee’s final approval in secret executive session, after the statutorily required public hearings, of its budget recommendations to be submitted for ultimate disposition by the voters at an annual town meeting was […]
BONNEVILLE v. BONNEVILLE, 142 N.H. 435 (1997)
702 A.2d 823 FLORENCE BONNEVILLE v. EDWARD BONNEVILLE a. No. 96-229Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided November 19, 1997 1. Divorce — Practice and Procedure — Review The standard of review used when reviewing a trial court’s determination of property division is for abuse of discretion or error of law. Where a […]
BARCLAY v. DUBLIN LAKE CLUB, 89 N.H. 87 (1937)
192 A. 620 ALICE M. BARCLAY v. DUBLIN LAKE CLUB. Supreme Court of New Hampshire Cheshire. Decided June 1, 1937. An agreement on valid consideration whereby the owner of land promised to sell it for a stipulated price and to execute a deed therefor when demanded by the purchaser, who also promised to pay the […]
CURRIER v. WOODWARD, 62 N.H. 63 (1882)
CURRIER v. WOODWARD. Supreme Court of New Hampshire Merrimack. Decided June, 1882. Mere intention to occupy premises as a home at some future time, without actual residence or occupancy, is insufficient to establish a homestead. Occupancy is essential to the existence of the homestead right, and for the purpose of its creation or inception the […]
BALDWIN v. THAYER, 71 N.H. 257 (1902)
52 A. 852 BALDWIN v. THAYER. Supreme Court of New Hampshire Grafton. Decided March 7, 1902. Whether a sale of personal property is accompanied by a change of possession sufficient to render the transaction valid against a subsequent attachment by a creditor of the vendor, is a question to be determined by the law of […]
IN RE RYAN G., 142 N.H. 643 (1998)
707 A.2d 134 IN RE RYAN G. No. 96-641Supreme Court of New Hampshire Original Decided March 10, 1998 1. Parent and Child — Custody — Guardianship Where a district court’s placement order conflicts with the division for children, youth, and families’s decision not to certify a particular youth facility, the issue is properly reviewable by […]
APPEAL OF NASHUA POLICE COMM., 149 N.H. 688 (2003)
827 A.2d 1013 APPEAL OF NASHUA POLICE COMMISSION (New Hampshire Public Employee Labor Relations Board) No. 2000-342Supreme Court of New Hampshire Public Employee Labor Relations BoardArgued June 11, 2003 Opinion Issued July 18, 2003 1. Labor — Labor Unions — Arbitrability of Disputes Read as a whole, statute requiring the Public Employee Labor Relations Board […]
McNAMARA v. MacCORMAC, 113 N.H. 540 (1973)
309 A.2d 916 THOMAS L. McNAMARA a. v. HARRY H. MacCORMAC a. No. 6607Supreme Court of New Hampshire Carroll Decided September 28, 1973 1. The deciding of appeals without benefit of a brief is an unsatisfactory practice that has been occasionally condoned, generally criticized, never commended, and is not to be encouraged in this supreme […]
MAGULAS v. TRAVELERS INS. CO., 114 N.H. 704 (1974)
327 A.2d 608 CHARLES MAGULAS, INDIVIDUALLY and d.b.a. PETER PAN PANCAKE HOUSE v. TRAVELERS INSURANCE COMPANY and CHARTER OAK FIRE INSURANCE COMPANY No. 6942Supreme Court of New Hampshire Rockingham Decided October 31, 1974 1. Having insured the property improvements plaintiff had made in reliance on representations that his oral lease would probably endure for a […]
STATE v. SMITH, 144 N.H. 1 (1999)
736 A.2d 1236 THE STATE OF NEW HAMPSHIRE v. DENNIS A. SMITH No. 97-343Supreme Court of New Hampshire Merrimack Decided July 13, 1999 1. Indictment and Information — Generally — Procedure State may charge a misdemeanor through an information. 2. Indictment and Information — Generally — Procedure In imposing sentence enhancement based on prior convictions, […]
GIGUERE v. RAILROAD, 86 N.H. 294 (1933)
167 A. 561 BERTHA GIGUERE v. BOSTON MAINE RAILROAD AND LAWRENCE GRINNELL. EDWARD GIGUERE v. SAME. LAWRENCE GRINNELL v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided June 29, 1933. An instruction as to the doctrine of last clear chance which properly stated that the doctrine applied only in cases where both parties […]
SANBORN v. WILDER, 68 N.H. 471 (1896)
417 A. 172 SANBORN, Assignee, v. WILDER a. Supreme Court of New Hampshire Rockingham. Decided June, 1896 An assignee in insolvency may avoid a fraudulent sale of the debtor’s interest in a firm to his copartner, although made more than three months prior to the insolvency proceeding, and may recover the debtor’s interest in the […]
LIN-WOOD DEV. CORP. v. TOWN OF LINCOLN, 117 N.H. 709 (1977)
378 A.2d 741 LIN-WOOD DEVELOPMENT CORPORATION a. v. TOWN OF LINCOLN No. 7670Supreme Court of New Hampshire Grafton Decided September 30, 1977 Taxation — Real Estate — Assessments Where ski lift facilities and accessories owned by taxpayers were situated one-third on land owned in fee by them and two-thirds on land leased to them under […]
CROWLEY v. TOWN OF LOUDON, 2010-656 (N.H. 12-8-2011)
CLAIRE CROWLEY a. v. TOWN OF LOUDON THE LEDGES GOLF LINKS, INC. v. CLAIRE CROWLEY. No. 2010-656Supreme Court of New Hampshire MerrimackArgued: September 21, 2011 Opinion Issued: December 8, 2011 Gallagher, Callahan Gartrell, P.C., of Concord (Michael R. Callahan and Samantha D. Elliott on the brief, and Mr. Callahan orally), for petitioners Residents of Green […]
GILBERT v. JOYAL, 89 N.H. 557 (1937)
190 A. 809 GOODREAU A. GILBERT v. RAYMOND JOYAL. Supreme Court of New Hampshire Merrimack. Decided April 6, 1937. CASE, for negligence to recover damages for personal injuries. Trial by jury. At the close of the plaintiff’s evidence a nonsuit was ordered by Burque, J. and the plaintiff excepted. The plaintiff was a passenger in […]
WEBSTER v. CLARK, 60 N.H. 36 (1880)
WEBSTER v. CLARK. Supreme Court of New Hampshire Hillsborough. Decided June, 1880. A memorandum of an agreement to lease for ten years a lot of land, with buildings to be erected thereon by the owner, at an annual rent of six per cent upon the cost, is not such a memorandum as the statute of […]
BEAN v. QUIRIN, 87 N.H. 343 (1935)
179 A. 421, 180 A. 251 NORWIN S. BEAN v. WILLIAM E. QUIRIN. SAME v. SAME. SAME v. WILLIAM E. QUIRIN a. Supreme Court of New Hampshire Hillsborough. Decided June 4, 1935. A conveyance or obligation which will render the grantor or obligor insolvent is fraudulent as to creditors unless the consideration is fair (P. […]
VRATSENES v. N.H. AUTO, INC., 112 N.H. 71 (1972)
289 A.2d 66 JOHN VRATSENES v. N.H. AUTO, INC., d.b.a. KILGUS PONTIAC-CADILLAC a. No. 6295.Supreme Court of New Hampshire Manchester District Court. Decided March 7, 1972. 1. Only compensatory damages solely for material loss are awarded in this State, but these may be increased when the defendant’s act is wanton, malicious, or oppressive, as in […]
MONTRONE v. MAXFIELD, 122 N.H. 724 (1982)
449 A.2d 1216 PAUL M. MONTRONE v. HENRY S. MAXFIELD a. No. 82-007Supreme Court of New Hampshire Rockingham Decided August 6, 1982 1. Judgments — Summary Judgment — Grounds Summary judgment should be granted only if the pleadings and materials submitted present no genuine issues of material fact. RSA 491:8-a III (Supp. 1981). 2. Contracts […]
STATE v. CHEN, 148 N.H. 565 (2002)
813 A.2d 424 THE STATE OF NEW HAMPSHIRE v. Ke Tong Chen No. 2000-058Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued September 18, 2002 Opinion Issued November 26, 2002 1. Criminal Law — Competency to Stand Trial — Tests andStandards The two-pronged test for competency inquires whether a defendant has: (1) sufficient present ability to […]
PEIRCE v. BURROUGHS, 59 N.H. 512 (1880)
PEIRCE a., Adm’rs, v. BURROUGHS, Ex’r. Supreme Court of New Hampshire Rockingham. Decided June, 1880. The statutes permitting parties to testify did not repeal the common-law rule, that in equity the surviving party can testify to matters of account in the discretion of the master, subject to revision by the chancellor. BILL IN EQUITY, by […]
OPINION OF THE JUSTICES, 94 N.H. 499 (1947)
51 A.2d 840 OPINION OF THE JUSTICES. No. 3658b.Supreme Court of New Hampshire February 11, 1947. Except as modified by charter or by special legislation, such powers as towns had to borrow money for school purposes now reside exclusively in school districts by virtue of R. L., c. 138, ss. 1-3. The following resolution adapted […]
GRISWOLD v. RICHARDS, 105 N.H. 214 (1963)
196 A.2d 709 RONALD A. GRISWOLD a. v. EDMUND F. RICHARDS, Adm’r. No. 5158.Supreme Court of New Hampshire Rockingham.Argued December 3, 1963. Decided December 30, 1963. 1. In actions against an operator to recover for injuries sustained by passengers in a motor vehicle operated in a test of maximum acceleration the evidence required that the […]
DAVISON v. PARKS, 79 N.H. 262 (1919)
108 A. 288 GUY S. DAVISON v. NORMAN E. PARKS a. Supreme Court of New Hampshire Grafton. Decided June 28, 1919. To bind a principal by an act which his agent is not expressly authorized to do, the principal must have so conducted his business as to give persons dealing with the agent the right […]
STATE v. RAILROAD, 58 N.H. 408 (1878)
STATE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Strafford. Decided August, 1878. Section 14 of chapter 264, Gen. St., does not make a distinction between negligence and gross negligence, and does not require less than reasonable care in railroad proprietors, nor more than reasonable care in their servants. In an indictment under that […]
IN RE CODDINGTON’S CASE, 155 N.H. 66 (2007)
CODDINGTON’S CASE. No. LD-2005-009.Supreme Court of New Hampshire Original.Argued: January 18, 2007. Opinion Issued: March 8, 2007. 1. Attorneys — Reprimand, Suspension and Disbarment — Standard of Review Each attorney discipline case is judged on its own facts and circumstances, taking into account the severity of the misconduct and any mitigating circumstances appearing in the […]
MASON v. ANDREWS, 86 N.H. 277 (1933)
167 A. 156 ALPHONSE MASON v. WAYLAND F. ANDREWS. Supreme Court of New Hampshire Merrimack. Decided June 6, 1933. In case by a passenger against the driver of an automobile for negligently driving it over frost-heaves in the highway and thereby causing the plaintiff’s head to strike the top of the car, certain evidence as […]
STATE v. BEAN, 75 N.H. 122 (1908)
71 A. 216 STATE v. BEAN a. Supreme Court of New Hampshire Grafton. Decided November 4, 1908. In an indictment for selling and delivering intoxicants to a minor, an allegation that the provisions of the statute regulating the sale of liquor were in force in the town where the offence was committed, and that the […]
APPEAL OF LAND ACQUISITION, 145 N.H. 492 (2000)
767 A.2d 948 APPEAL OF LAND ACQUISITION, L.L.C. (New Hampshire Board of Tax and Land Appeals) No. 98-672Supreme Court of New Hampshire Board of Tax and Land Appeals Decided December 8, 2000 1. Taxation — Practice and Procedure — Jurisdiction Board of tax and land appeals had inherent authority to decide whether a case on […]
APPEAL OF LEVESQUE, 136 N.H. 211 (1992)
612 A.2d 1333 APPEAL OF LOUIS LEVESQUE (New Hampshire Department of Labor Compensation Appeals Board) No. 91-445Supreme Court of New Hampshire Compensation Appeals Board Decided September 10, 1992 1. Statutes — Construction and Application — Administrative Interpretation While deference is ordinarily given to an administrative interpretation of a statute, such an interpretation is not controlling […]
APPEAL OF TOWN OF RYE, 140 N.H. 323 (1995)
666 A.2d 948 APPEAL OF TOWN OF RYE (New Hampshire Public Employee Labor Relations Board) No. 94-199Supreme Court of New Hampshire Public Employee Labor Relations Board Decided October 24, 1995 1. Public Employees — Unions — Collective Bargaining Agreements Accumulated sick leave buyback provision in collective bargaining agreement was cost item because its implementation required […]
JONES v. BLANCHARD, 62 N.H. 651 (1883)
JONES v. BLANCHARD. Supreme Court of New Hampshire Grafton. Decided June, 1883. A statement by a collector of taxes, in his return of the sale of land, that the sale was “pursuant to notice,” is not evidence that the statutory requirements in regard to notice were complied with. In the assessment of a tax under […]
PEMBROKE ACADEMY v. SCHOOL DISTRICT, 75 N.H. 408 (1910)
75 A. 100 TRUSTEES OF PEMBROKE ACADEMY v. EPSOM SCHOOL DISTRICT a. Supreme Court of New Hampshire Merrimack. Decided January 4, 1910. Where the intent of a testator to direct the disposition of a trust fund is clear, precatory expressions in the will are to be considered as commands, clothed merely in the language of […]
NEW JERSEY MACHINE v. STATE, 117 N.H. 262 (1977)
372 A.2d 604 NEW JERSEY MACHINE OF NEW HAMPSHIRE, INC. v. STATE OF NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION No. 7575Supreme Court of New Hampshire Grafton Decided March 31, 1977 1. Taxation — Business Profits Tax — Constitutionality “Throwback” provision providing for allocation of sales to this state if they are not taxable in the […]
BAY STATE NAT. BANK v. COLLINS, 101 N.H. 232 (1958)
139 A.2d 71 Bay State Merchants National Bank v. William F. Collins a. No. 4620.Supreme Court of New Hampshire Rockingham.Argued January 7, 1958. Decided February 19, 1958. 1. Conditional sales contracts under which the vendor retains title to the goods until the contract price is paid by the vendee are valid at common law and, […]
K-ROSS BLDG. SUPPLY CTR. v. WINNIPESAUKEE CHALETS, 121 N.H. 575 (1981)
432 A.2d 8 K-ROSS BUILDING SUPPLY CENTER, INC. v. WINNIPESAUKEE CHALETS, INC. a. Nos. 80-286 80-301Supreme Court of New Hampshire Grafton Decided June 26, 1981 1. Bills and Notes — Liability of Parties — Representative Where check signed by defendant indicated neither principal’s name nor fact that defendant was signing in representative capacity, defendant was […]
STATE v. RAILROAD, 58 N.H. 510 (1878)
STATE v. THE BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Belknap. Decided December, 1878. Where a statute provides that a railroad corporation having negligently caused the death of a person shall be fined, and the fine “shall go” to the heirs of the deceased, the validity of an assignment by the heirs of their […]
WILDER v. CLOUGH, 55 N.H. 359 (1875)
WILDER v. CLOUGH. Supreme Court of New Hampshire Grafton. Decided March 12, 1875. Where it appeared that A B raised the water by their dam so as to flow the land of A above — Held, that this was not an adverse user. TRESPASS, by Wilder Co. against Levi Clough, for flowing the plaintiffs’ land […]
VINCENT v. PUBLIC SERV. CO. OF N.H., 129 N.H. 621 (1987)
529 A.2d 397 DAVID J. VINCENT a. v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE No. 86-270Supreme Court of New Hampshire Belknap Decided August 6, 1987 1. Verdict — Directed Verdict — Standards A trial court may direct a verdict only when the evidence and all reasonable inferences therefrom construed most favorably to the party opposing […]
STATE v. STONE, 114 N.H. 114 (1974)
316 A.2d 196 STATE OF NEW HAMPSHIRE v. DENNIS STONE No. 6582Supreme Court of New Hampshire Belknap Decided February 28, 1974 1. The Controlled Drug Act’s definition of a sale as including a gift or offer and applying to any agent with no restriction that he be acting for the seller or buyer is much […]
SAVAGE v. FOX, 60 N.H. 17 (1880)
SAVAGE v. FOX. Supreme Court of New Hampshire Hillsborough. Decided June, 1880. It is not necessary to show a consideration, as between the payee of a note and the surety, if the contract of suretyship is contemporaneous with the contract between the payee and the principal. If there is a consideration sufficient to support that […]
CATALFO v. COTTON, 104 N.H. 290 (1962)
184 A.2d 907 ALFRED CATALFO, JR. v. NORRIS COTTON and ROBERT L. STARK, Secretary of State. No. 5089.Supreme Court of New Hampshire Original.Hearing October 5, 1962. Submitted October 9, 1962. Order Issued October 10, 1962. Opinion Filed October 19, 1962. 1. The statute relating to publication of political contributions and expenditures (RSA ch. 70 (supp)) […]
PEARSON v. TOWER, 55 N.H. 215 (1875)
PEARSON v. TOWER. Supreme Court of New Hampshire Merrimack. Decided March 13, 1875. In an injunction bill, it being admitted by the demurrer that a portion of the defendants, who were directors of a corporation, were keeping its funds in a manner not authorized by law and the by-laws and charter of the company, and […]
BOUDREAU v. ALLIED GAS COMPANY, 106 N.H. 52 (1964)
204 A.2d 232 HAZEL B. BOUDREAU v. ALLIED NEW HAMPSHIRE GAS COMPANY. No. 5202.Supreme Court of New Hampshire Strafford.Argued September 10, 1964. Decided November 4, 1964. 1. In an action to recover for personal injuries allegedly sustained as the result of inhalation of gas fumes from a negligently installed gas stove, the evidence including medical […]
STATE v. NASH RUNABOUT, 84 N.H. 122 (1929)
146 A. 860 STATE v. NASH RUNABOUT FELLSWAY MOTOR MART, INC., Claimant. Supreme Court of New Hampshire Strafford. Decided June 27, 1929. In libel under P. L., c. 372, for the forfeiture of an automobile seized while used in the illegal transportation of intoxicating liquors the rights of an innocent lienholder are not excepted from […]
ROBERTS v. WARD, 126 N.H. 388 (1985)
493 A.2d 478 FRANK ROBERTS AND PATRICIA ROBERTS v. RUSSELL WARD AND GAIL WARD No. 84-241Supreme Court of New Hampshire Hillsborough Decided April 18, 1985 1. Divorce — Jurisdiction of Court — Statutory Provisions When the superior court has jurisdiction over a case by virtue of chapter governing marital dissolution, it has only the power […]
JACKSON v. COMPANY, 86 N.H. 341 (1933)
168 A. 895 JACKSON SONS v. LUMBERMEN’S MUTUAL CASUALTY COMPANY. Supreme Court of New Hampshire Hillsborough. Decided November 7, 1933. Consent can neither confer a non-existent jurisdiction over the subject-matter, nor give jurisdiction when the jurisdictional question relates to the subject-matter and not merely to bringing the parties within the power of the court to […]
JEWETT v. JEWETT, 112 N.H. 341 (1972)
296 A.2d 11 JULIA JEWETT v. LEDELL JEWETT. No. 6360.Supreme Court of New Hampshire Hillsborough. Decided September 29, 1972. 1. Service of a petition for support under the provisions of RSA 458:19-a on a defendant domiciled in New Hampshire but employed temporarily in a foreign country by leaving a copy of the petition at the […]
APPALACHIAN MOUNTAIN CLUB v. MEREDITH, 103 N.H. 5 (1960)
163 A.2d 808 APPALACHIAN MOUNTAIN CLUB v. MEREDITH. No. 4836.Supreme Court of New Hampshire Belknap.Argued June 7, 1960. Decided June 30, 1960. Reargued September 7, 1960. Former Result Affirmed October 4, 1960. 1. The Appalachian Mountain Club incorporated in this state (Laws 1935, c. 273) for exploration of the mountains for scientific and artistic purposes […]
WELLINGTON v. DRUMMER, 69 N.H. 295 (1897)
40 A. 392 WELLINGTON, Ex’r, v. DRUMMER a. Supreme Court of New Hampshire Cheshire. Decided December, 1897. Under a will giving to the testator’s grandson and granddaughter each the income of a sum of money for life, and in case of the death of either of them to their children, “unless they leave a widow, […]
ASS’N OF PORTSMOUTH TCHRS. v. PORTSMOUTH SCH. DIST., 113 N.H. 659 (1973)
312 A.2d 573 ASSOCIATION OF PORTSMOUTH TEACHERS v. PORTSMOUTH SCHOOL DISTRICT No. 6684Supreme Court of New Hampshire Rockingham Decided November 30, 1973 1. State commissioner of education’s approval of local school board’s proposed schedule for making up the number of school days lost because of bomb threats was not an order or finding within the […]
SANDERS v. WELCH CO., 92 N.H. 74 (1942)
26 A.2d 34 ANITA SANDERS, Adm’x v. H. P. WELCH CO. No. 3307.Supreme Court of New Hampshire Merrimack. Decided March 3, 1942. In an action for causing death by leaving two trucks illegally parked on a highway whereby a sedan in which the decedent was riding collided with the rear of a truck, the truck […]
COLBY v. CATE, 64 N.H. 476 (1887)
13 A. 864 COLBY a. v. CATE a. Supreme Court of New Hampshire Hillsborough. Decided December, 1887. Section 7 of chapter 183 of the General Statutes, relating to the rights of a widow in the estate of her deceased husband, was not repealed by chapter 41 of the Acts of 1872. PETITION FOR PARTITION, alleging […]
CLARK v. JACKSON, 64 N.H. 388 (1887)
11 A. 59 CLARK v. JACKSON. Supreme Court of New Hampshire Cheshire. Decided June, 1887. The purchase by a mortgagee of the equity of redemption, at a sale by the mortgagor’s assignee in insolvency, has the effect of a legal foreclosure, and satisfies the mortgage debt to the extent of the value of the premises […]
STATE v. BARNES, 150 N.H. 715 (2004)
849 A.2d 152 THE STATE OF NEW HAMPSHIRE v. DANIEL BARNES. No. 2003-039.Supreme Court of New Hampshire RockinghamArgued: January 15, 2004. Opinion Issued: April 16, 2004. 1. Evidence — Admissions — Guilty Pleas Even if the trial court erred in admitting evidence of defendant’s statements given at his plea withdrawal hearing, the error was harmless […]
STATE v. LILLIOS, 128 N.H. 385 (1986)
515 A.2d 1198 THE STATE OF NEW HAMPSHIRE v. EVANGELOS D. LILLIOS No. 85-453Supreme Court of New Hampshire Merrimack Decided July 29, 1986 1. Motor Vehicles — Operation After Revocation — Applicability On appeal of conviction for driving after revocation of his license to drive defendant could not collaterally attack prior determination of division of […]
ALLSTATE INS. CO. v. PAGE, 105 N.H. 410 (1964)
200 A.2d 851 ALLSTATE INSURANCE COMPANY v. LESTER R. PAGE a. No. 5221.Supreme Court of New Hampshire Merrimack.Argued April 8, 1964. Decided June 2, 1964. 1. Where a policy of motor-vehicle liability insurance provided coverage for property damage arising out of the use of the motor vehicle by the named insured and any other person […]
ROWELL v. CLAGGETT, 69 N.H. 201 (1897)
41 A. 173 ROWELL v. CLAGGETT. Supreme Court of New Hampshire Sullivan. Decided June, 1897. An executory agreement for a pledge of property with authority to sell, unaccompanied by possession on the part of the pledgee, is of no effect as against a subsequent attachment by a creditor of the pledgor. TROVER, for a horse, […]
MARTIN v. TOWLE, 59 N.H. 31 (1879)
MARTIN v. TOWLE. Supreme Court of New Hampshire Rockingham. Decided June, 1879. In an action against a common carrier of passengers, for damages occasioned by his negligence, his conduct subsequent to the time of the plaintiff’s injuries may be proved, if it tends to show an admission of negligence. A verdict will not be set […]
MUSSMAN’S CASE, 116 N.H. 541 (1976)
364 A.2d 1263 MACK M. MUSSMAN’S CASE No. 7295Supreme Court of New Hampshire Original Decided September 30, 1976 1. Record as a whole does not warrant reinstatement of plaintiff to practice of law, and order of court entered on December 30, 1971, suspending him from practice of law for indefinite period until further order of […]
PIKE v. TRUST COMPANY, 67 N.H. 227 (1892)
38 A. 721 PIKE v. NEW HAMPSHIRE TRUST CO. Supreme Court of New Hampshire Hillsborough. Decided June, 1892. A tenant who induces his landlord to believe that he will vacate the premises within the term upon being paid for the expenses of his removal, is not entitled to an injunction to restrain the landlord from […]
FANCHER v. CLARKE, 103 N.H. 533 (1961)
176 A.2d 319 ERNEST FANCHER, by his mother and father as next friends v. FREDERICK N. CLARKE, Commissioner of Motor Vehicles. No. 4986.Supreme Court of New Hampshire Cheshire.Argued November 8, 1961. Decided December 27, 1961. 1. The provisions of Laws 1943, c. 85, s. 2 authorizing the Commissioner of Motor Vehicles to restore the license […]
KULAS v. PERSONNEL COMM’N, 118 N.H. 387 (1978)
387 A.2d 639 RAYMOND J. KULAS v. THE PERSONNEL COMMISSION OF THE STATE OF NEW HAMPSHIRE No. 7523Supreme Court of New Hampshire Personnel Commission Decided May 31, 1978 1. Public Employees — Suspension and Dismissal — Notice Rule of department of personnel providing that in cases involving certain enumerated infractions immediate discharge without warning may […]
SMITH v. N.H. DEP’T OF REVENUE ADMIN., 141 N.H. 681 (1997)
692 A.2d 486 ERNEST T. SMITH, III a. v. NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION a. No. 95-852Supreme Court of New Hampshire Merrimack Decided April 3, 1997 1. Taxation — Constitutional Requirements and Restrictions — Interstate Commerce Although the State conceded that the exemptions formerly contained in RSA 77:4, I and II and eliminated by […]
APPEAL OF THE UNIVERSITY SYSTEM OF N.H., 120 N.H. 853 (1980)
424 A.2d 194 APPEAL OF THE UNIVERSITY SYSTEM OF NEW HAMPSHIRE (New Hampshire Public Employee Labor Relations Board) No. 80-128 No. 80-283Supreme Court of New Hampshire Public Employee Labor Relations Board Decided December 22, 1980 1. Public Employees — Public Employee Labor Relations Board — Findings All findings of the public employee labor relations board […]
COMPANY v. STATE, 95 N.H. 353 (1949)
64 A.2d 9 NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY v. THE STATE OF NEW HAMPSHIRE a. No. 3798.Supreme Court of New Hampshire Public Service Commission. Decided February 1, 1949. The statutory duty (R. L., c. 287, s. 5; c. 292, s. 7) of the Public Service Commission, both on petition by the utility for the […]
BLAGBROUGH v. TOWN OF WILTON, 153 N.H. 234 (2006)
BLAGBROUGH FAMILY REALTY TRUST v. TOWN OF WILTON. No. 2005-014.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: September 29, 2005. Opinion Issued: February 14, 2006. 1. Zoning and Planning — Ordinances — Preemption State law preempts local law when there is an actual conflict between State and local regulation, and a conflict exists when a […]
STATE v. MONCADA, 161 N.H. 791 (2011)
20 A.3d 904 THE STATE OF NEW HAMPSHIRE v. MICHAEL MONCADA. No. 2010-165.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: March 10, 2011. Opinion Issued: April 28, 2011. 1. Criminal Law — Competency to Stand Trial— Tests and Standards Mental competence is a basic condition of a fair trial, and if a criminal defendant is […]
STATE v. SHEPARD, 158 N.H. 743 (2009)
THE STATE OF NEW HAMPSHIRE v. JOSHUA SHEPARD. No. 2008-272.Supreme Court of New Hampshire. Grafton.Argued: March 17, 2009. Opinion Issued: May 29, 2009. 1. Negligence — Criminal Negligence — Generally To convict a defendant either of negligent homicide or vehicular assault, the jury must find, beyond a reasonable doubt, that he acted negligently. Whether the […]
MARDEN v. PORTSMOUTH, 67 N.H. 597 (1893)
43 A. 1075 MARDEN a. v. CITY OF PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided December, 1893. BILL IN EQUITY, for the specific performance of an oral contract to lease certain land to the plaintiffs. It appearing that no such contract was made, the bill was dismissed. CHASE, J., did not sit. Samuel W. […]
STATE v. MERRITT, 143 N.H. 714 (1999)
738 A.2d 343 THE STATE OF NEW HAMPSHIRE v. KEVIN MERRITT No. 96-786Supreme Court of New Hampshire Rockingham Decided July 8, 1999 1. Criminal Law — Participation in Crime — Accessoriesand Accomplices Crime of accomplice liability requires some active participation by accomplice, and mere presence at scene of crime is insufficient; defendant’s presence may constitute […]
STATE v. OBER, 116 N.H. 381 (1976)
359 A.2d 624 STATE OF NEW HAMPSHIRE v. CHESTER G. OBER No. 7240Supreme Court of New Hampshire Belknap Decided June 30, 1976 1. Record warranted conclusion that identifying witness had grounds independent of courtroom confrontation upon which to base her in-court identification of defendant. Warren B. Rudman, attorney general, and James L. Kruse, assistant attorney […]
IN RE ESTATE OF RUEL, 123 N.H. 768 (1983)
465 A.2d 508 In re ESTATE OF SADIE M. RUEL No. 82-460Supreme Court of New Hampshire Merrimack County Probate Court Decided August 31, 1983 Wills — Pretermission — Particular Cases Trial court properly dismissed action by grandchildren of decedent making demand upon the estate of the decedent for one-half of the estate pursuant to the […]
SHELBY c. CO. v. LYNCH, 89 N.H. 510 (1938)
2 A.2d 307 SHELBY MUTUAL PLATE GLASS CASUALTY CO. v. WILLIAM J. LYNCH a. TRAVELERS INSURANCE CO. v. SAME. Supreme Court of New Hampshire Merrimack. Decided November 1, 1938. A clause in a standard liability policy bearing the statutory endorsement (Laws 1927, c. 54) and excluding a special class of persons from the coverage of […]
McGOVERN v. SECRETARY OF STATE, 138 N.H. 128 (1993)
635 A.2d 498 CYNTHIA McGOVERN a. v. SECRETARY OF STATE No. 92-446Supreme Court of New Hampshire Rockingham Decided December 23, 1993 1. Appeal and Error — Scope of Review — Deference to Judgment of Trial Court Although supreme court will generally not disturb trial court’s findings of fact or rulings of law unless unsupported by […]
ROBERTS v. CORSON, 79 N.H. 215 (1919)
107 A. 625 CHARLES F. ROBERTS a. v. JAMES CORSON a. Supreme Court of New Hampshire Strafford. Decided May 6, 1919. A devise to Humane Lodge, A. F. A. M., “to be used by it as it shall determine best in each case for the benefit of its members who may be in want or […]
BROSSEAU v. GREEN ACRES MOBILE HOMES, 135 N.H. 643 (1992)
609 A.2d 738 LINDA (HUMPHRIES) BROSSEAU v. GREEN ACRES MOBILE HOMES, INC. No. 91-249Supreme Court of New Hampshire Merrimack Decided June 17, 1992 1. Statutes — Construction and Application — Construction With Other Laws Two statutes which deal with a similar subject matter will be construed so that they do not contradict each other, and […]
STATE v. CROSBY, 142 N.H. 134 (1997)
697 A.2d 1377 THE STATE OF NEW HAMPSHIRE v. THOMAS CROSBY No. 95-819Supreme Court of New Hampshire Strafford Decided July 1, 1997 1. Evidence — Other Bad Acts — Judicial Review Evidence of other bad acts is admissible only if relevant for a purpose other than to prove the defendant’s character or disposition, if there […]
STATE v. TSELIOS, 134 N.H. 405 (1991)
593 A.2d 243 THE STATE OF NEW HAMPSHIRE v. GEORGE TSELIOS No. 90-149Supreme Court of New Hampshire Hillsborough Decided July 8, 1991 1. Judgments — Default — Discretion of Trial Court A default judgment will not be disturbed on appeal unless the trial court clearly abused its discretion or erred as a matter of law. […]
DONIGIAN v. DAHOOD, 116 N.H. 188 (1976)
355 A.2d 424 JACOB T. DONIGIAN a. v. KELLY DAHOOD, EXECUTOR OF THE ESTATE OF THOMAS DONIGIAN, a. No. 7319Supreme Court of New Hampshire Rockingham Decided March 31, 1976 1. Function of bills of particulars has been largely superseded by pretrial conferences and other methods of pretrial discovery. 2. Where reasons presented by plaintiffs’ appeal […]
CURRIER v. CONCORD, 68 N.H. 294 (1895)
44 A. 386 CURRIER v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided June, 1895. Whether the information contained in the statement required by G. L., c. 75, s. 7, of the exact place where damage to a traveler on a highway is received, is such as to enable one, by the exercise of reasonable […]
LACONIA v. BELKNAP, 86 N.H. 565 (1934)
172 A. 245 LACONIA v. COUNTY OF BELKNAP. Supreme Court of New Hampshire Belknap. Decided April 3, 1934. P. L., c. 38, ss. 1, 2 requires that county commissioners shah act as a body; and although a majority determine the action of the body, all members are entitled, prerequisite of action, to be consulted on […]
STATE v. CURRAN, 140 N.H. 530 (1995)
669 A.2d 798 THE STATE OF NEW HAMPSHIRE v. HAROLD N. CURRAN No. 93-577Supreme Court of New Hampshire Portsmouth District Court Decided December 22, 1995 1. Highways — Motor Vehicles — Criminal Offenses While RSA 263:64, IV does not contain an explicit mens rea requirement, RSA 626:2, I, makes it clear that the defendant’s knowledge […]
JEWELL v. COLBY, 66 N.H. 399 (1890)
24 A. 902 JEWELL, Adm’r, v. COLBY. Supreme Court of New Hampshire Merrimack. Decided December, 1890. An insane person is liable for his torts to the extent of compensation for the actual loss sustained by the injured party, except when the wrong lies in the intent. Insanity in the defendant is an answer to a […]
HANOVER INVESTMENT CORPORATION v. TOWN OF HANOVER, 142 N.H. 812 (1998)
711 A.2d 249 HANOVER INVESTMENT CORPORATION v. TOWN OF HANOVER No. 96-818Supreme Court of New Hampshire Grafton Decided May 22, 1998 1. Appeal and Error — Standards of Review — Default Judgments The trial court’s denial of a motion to strike a judgment pro confesso will be reversed on appeal only if the court abused […]
PETITION OF PREISENDORFER, 143 N.H. 50 (1998)
719 A.2d 590 PETITION OF JAMES J. PREISENDORFER (New Hampshire Division for Children, Youth and Families) No. 95-294Supreme Court of New Hampshire Original Decided October 5, 1998 1. Administrative Law — Judicial Review — Standards Certiorari review requires supreme court to evaluate whether administrative agency acted illegally with respect to jurisdiction, authority or observance of […]
HAGERTY v. SHEDD, 75 N.H. 393 (1909)
74 A. 1055 HAGERTY v. SHEDD a. ATTORNEY-GENERAL (ex rel. HAGERTY) v. CROWLEY. Supreme Court of New Hampshire Hillsborough. Decided December 7, 1909. The fact that proceedings for the removal of a public officer were irregular and are subject to collateral attack does not constitute a valid objection to a direct proceeding to set them […]
STATE v. FLOYD, 116 N.H. 632 (1976)
365 A.2d 738 STATE OF NEW HAMPSHIRE v. CHARLES FLOYD, JR. No. 7429Supreme Court of New Hampshire Hillsborough Decided October 29, 1976 1. Not every search and seizure is prohibited by the fourth amendment, only unreasonable searches and seizures. 2. Fourth amendment standards are less rigid when applied to motor vehicles than to homes and […]
IBEY v. IBEY, 94 N.H. 425 (1947)
55 A.2d 872 MAUDE S. IBEY v. EVERETT F. IBEY a. No. 3660.Supreme Court of New Hampshire Grafton. Decided October 7, 1947. In a bill to recover a gift allegedly made by a husband to defeat his wife from her distributive share in his estate by fraudulent means, the plaintiff need not establish the unreasonableness […]
MITTERSILL SKI LIFT CORP. v. STATE, 105 N.H. 219 (1963)
196 A.2d 71 MITTERSILL SKI LIFT CORPORATION v. STATE. No. 5164.Supreme Court of New Hampshire Grafton.Argued November 5, 1963. Decided December 30, 1963. 1. The fact that a contract of bailment for hire contained specific stipulations concerning other matters did not relieve the bailee of its implied contractual obligation to use due care in its […]
WALKER v. RAILROAD, 71 N.H. 271 (1902)
51 A. 918 WALKER v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided April 1, 1902. The denial of a request for a specific instruction is not erroneous if its substance, so far as applicable to the evidence, is included in the charge. If a doubt exists as to the meaning of language […]
BENOIT v. PERKINS, 79 N.H. 11 (1918)
104 A. 254 HILDA BENOIT v. CHASE B. PERKINS a. Supreme Court of New Hampshire Coos. Decided May 7, 1918. Where one voluntarily undertakes to do a thing, whether by representation or by positive act, the duty of exercising care in making the representation or doing the act is imposed upon him. A concealment of […]