618 A.2d 841 RICHARD AND ROSE SAULNIER v. FANARAS ENTERPRISES, INC. AND STEPPING STONE MATERIALS, LIMITED PARTNERSHIP FANARAS ENTERPRISES, INC. AND STEPPING STONE MATERIALS, LIMITED PARTNERSHIP v. RICHARD AND ROSE SAULNIER No. 90-193Supreme Court of New Hampshire Strafford Decided December 31, 1992 1. Appeal and Error — Standards of Review — Clearly Erroneous Standard Findings […]
Category: New Hampshire Court Opinions
MERCHANTS BANK v. WORSTER, 75 N.H. 495 (1910)
77 A. 11 MERCHANTS NATIONAL BANK v. WORSTER Tr. Supreme Court of New Hampshire Strafford. Decided July 1, 1910. Where a promissory note stipulates that all the signers thereof shall be holden upon extensions of payment for an aggregate period of six years, a surety is not entitled to notice of non-payment by the principal […]
HUGHES v. SMITH, 59 N.H. 311 (1879)
HUGHES, Ap’t, v. SMITH, Adm’r, Ap’ee. Supreme Court of New Hampshire Strafford. Decided December, 1879. An appeal from a probate decree allowing an administrator’s account, stating the appellant’s interest to be that of a surety upon the bond of the guardian of the minor heirs of the deceased, and a purchaser of some of the […]
WAIT v. HOLT, 58 N.H. 467 (1878)
WAIT v. HOLT, Adm’r. Supreme Court of New Hampshire Sullivan. Decided August, 1878. An estate in the hands of an executor is not liable, in an action at law, for the services of an attorney employed by the executor in the defence of suits brought against the executor in his official capacity. ASSUMPSIT, for services […]
STATE v. RAILWAY, 84 N.H. 556 (1930)
150 A. 15 STATE v. NASHUA STREET RAILWAY. Supreme Court of New Hampshire Decided April 1, 1930. APPEAL, from an order of the public service commission certifying to the tax commission facts entitling the defendant to exemption from taxation for the year 1929. Ralph W. Davis, attorney-general, and Jennie Blanche Newhall, for the state. Robert […]
COSTELLO v. RAILWAY, 70 N.H. 403 (1900)
47 A. 265 COSTELLO v. GRAND TRUNK RAILWAY CO. Supreme Court of New Hampshire Coos. Decided June, 1900. A tenant by the curtesy may maintain an action for obstruction of a way appurtenant to premises so held by him, independently of the owners of the fee. Where a farm crossing established for the accommodation of […]
HURD v. CHESLEY, 55 N.H. 21 (1874)
HURD v. CHESLEY. Supreme Court of New Hampshire Strafford. Decided December 2, 1874. Sec. 5, ch. 105, Gen. Stats., provides that “No person shall be liable by law for killing any dog which shall be found not having around his neck a collar of brass, tin, or leather, with the name of the owner carved […]
OSSIPEE v. CARROLL COUNTY, 65 N.H. 12 (1888)
17 A. 1058 OSSIPEE v. CARROLL COUNTY. Supreme Court of New Hampshire Carroll. Decided December, 1888. A settlement acquired by a woman through marriage is not lost by a divorce in favor of her husband. CLAIM for aid furnished Berthana Wallace, a pauper. Facts agreed. In 1858 Berthana Wallace, then seventeen years of age, was […]
LOVEJOY v. LINEHAN, 161 N.H. 483 (2011)
20 A.3d 274 DAVID J. LOVEJOY v. JAMES DANIEL LINEHAN a. No. 2010-343.Supreme Court of New Hampshire. Rockingham.Argued: November 17, 2010. Opinion Issued: February 23, 2011. 1. Torts — Particular Torts — Violation of Right of Privacy Invasion of the right of privacy is not a single tort but consists of four distinct torts, including: […]
HENDERSON v. SHERWOOD MOTOR HOTEL, 105 N.H. 443 (1964)
201 A.2d 891 HAROLD W. HENDERSON, Adm’r v. SHERWOOD MOTOR HOTEL, INC. a. No. 5236.Supreme Court of New Hampshire Strafford.Argued June 2, 1964. Decided July 1, 1964. 1. Where the plaintiff’s intestate allegedly was regularly employed by the defendant hotel as a cocktail waitress and was requested to perform special evening duty in serving liquor […]
RIX v. ASADOORIAN, 103 N.H. 330 (1961)
171 A.2d 925 ROBERT R. RIX v. VARSANIG ASADOORIAN. No. 4934.Supreme Court of New Hampshire Hillsborough.Submitted June 6, 1961. Decided June 21, 1961. 1. The power and authority granted to the General Court by N.H. Const., Pt. II, Art. 98 to fix the time when constitutional amendments shall take effect may validly be delegated to […]
STATE v. CHAMPAGNE, 127 N.H. 266 (1985)
497 A.2d 1242 THE STATE OF NEW HAMPSHIRE v. DANA CHAMPAGNE No. 84-536Supreme Court of New Hampshire Hillsborough Decided August 16, 1985 1. Mental Health — Criminal Offenses — Competency To Stand Trial A criminal defendant has a constitutional right not to be tried if he is legally incompetent. 2. Mental Health — Criminal Offenses […]
KOSTORAS v. HINES, 80 N.H. 500 (1922)
119 A. 332 PETER KOSTORAS, Adm’r, v. WALKER D. HINES, Director-General. Supreme Court of New Hampshire Hillsborough. Decided December 5, 1922. The right of action created by P. S., c. 191, ss. 8-13, for injuries resulting in death ceases to exist at the end of the term prescribed thereby, and the provision of P. S., […]
FASTRACK CRUSHING SVCS. v. ABATEMENT INTL., 149 N.H. 661 (2003)
827 A.2d 1019 FASTRACK CRUSHING SERVICES, INC. v. ABATEMENT INTERNATIONAL/ADVATEX ASSOCIATES, INC. a. No. 2002-265Supreme Court of New Hampshire RockinghamArgued May 14, 2003 Opinion Issued July 2, 2003 1. Bonds — Performance Bonds Language of performance bond containing provision that “[t]he intent is that this Bond [when required by statute] shall be construed as a […]
LaVALLIE v. SIMPLEX WIRE CABLE CO., 135 N.H. 692 (1992)
609 A.2d 1216 DENNIS LaVALLIE v. SIMPLEX WIRE AND CABLE COMPANY No. 91-063Supreme Court of New Hampshire Strafford Decided June 25, 1992 1. Workers’ Compensation — Governing Law — Employment Relationship Borrowed servant rule has full application to master and servant relation under workers’ compensation laws; business borrowing worker must provide worker with workers’ compensation […]
STATE v. LEBARON, 148 N.H. 226 (2002)
THE STATE OF NEW HAMPSHIRE v. JOSEPH LEBARON No. 2000-634Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued June 5, 2002 Opinion Issued August 19, 2002 1. Criminal Law — Habitual Offender Statute — Construction Construction of the penalty provision of habitual offender law supported interpretation that there is only one substantive offense-driving after having been […]
WENTWORTH v. PORTSMOUTH, 68 N.H. 392 (1895)
44 A. 531 WENTWORTH, Ap’t, v. PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided December, 1895. Upon an appeal from an award by the county commissioners in a highway proceeding, the plaintiff is entitled to interest on the damages assessed by a referee from the time of filing the report until the date of judgment […]
CROWN WOODWORKING CO. v. GOODWIN, 100 N.H. 431 (1957)
128 A.2d 918 CROWN WOODWORKING COMPANY a. v. ROLAND GOODWIN a. No. 4538.Supreme Court of New Hampshire Hillsborough.Argued January 2, 1957. Decided January 31, 1957. Where an eye was previously blind, its removal necessitated by an injury which arose out of and in the course of an employee’s employment, is not compensable as an “eye […]
APPEAL OF SUTFIN, 141 N.H. 732 (1997)
693 A.2d 73 APPEAL OF LLOYD V. SUTFIN, D.D.S. (New Hampshire Board of Dental Examiners) No. 95-626Supreme Court of New Hampshire Board of Dental Examiners Decided April 16, 1997 1. Constitutional Law — Freedom of Speech and Press — Commercial Speech The first and the fourteenth amendments of the U.S. Constitution protect professional advertising. The […]
STATE v. KOEHLER, 140 N.H. 469 (1995)
669 A.2d 788 THE STATE OF NEW HAMPSHIRE v. DONALD T. KOEHLER No. 94-237Supreme Court of New Hampshire Strafford Decided November 28, 1995 1. Evidence — Other Bad Acts — Judicial Discretion In prosecution for forgery, trial court, in adopting the State’s theory of admissibility, did not abuse its discretion in finding prior bad act […]
STATE v. COLBERT, 139 N.H. 367 (1995)
654 A.2d 963 THE STATE OF NEW HAMPSHIRE v. JAMES M. COLBERT Nos. 92-517, 93-497Supreme Court of New Hampshire Merrimack Decided February 3, 1995 1. Jury — Characteristics — Substitutions Defendant’s murder convictions can’t be overturned under RSA 500-A:13, State due process grounds, or federal due process grounds because he failed to object at the […]
NEWINGTON v. CAMPANELLA CONSTRUCTION CO., 103 N.H. 211 (1961)
168 A.2d 496 NEWINGTON v. CAMPANELLA CARDI CONSTRUCTION CO. No. 4888.Supreme Court of New Hampshire Rockingham.Argued February 8, 1961. Decided March 20, 1961. 1. A yield tax was properly assessed under RSA 79:3 against an independent contractor upon the timber cut by it in clearing operations on lands of the United States under a contract […]
GRIMES v. CONCORD GEN’L MUT. INS. CO., 120 N.H. 718 (1980)
422 A.2d 1312 JERRY H. GRIMES v. CONCORD GENERAL MUTUAL INSURANCE CO. No. 79-360Supreme Court of New Hampshire Cheshire Decided November 13, 1980 1. Insurance — Automobile Policies — Uninsured Motorist Coverage Insurance carrier cannot reduce its insured’s uninsured motorist benefits by offsetting them with medical benefits it has paid to the insured. RSA 268:1, […]
KENNARD v. GRAY, 58 N.H. 51 (1876)
KENNARD v. GRAY. Supreme Court of New Hampshire Grafton. Decided December, 1876. A chattel mortgage, securing a collateral note described in the mortgage and affidavit as an absolute debt, is not valid against creditors of the mortgagor. FOREIGN ATTACHMENT. Issue between the plaintiff and the claimants. Facts found by a referee. The claimants, holding two […]
WILKINS v. ORDWAY, 59 N.H. 378 (1879)
WILKINS, Ap’t, v. ORDWAY a. Supreme Court of New Hampshire Merrimack. Decided December, 1879. The word “heirs,” in its technical common-law signification, does not necessarily embrace all who would share in the personal estate under the statute of distributions; and a bequest to the heirs of a deceased wife does not include her surviving husband, […]
NORBERG v. NORBERG, 135 N.H. 620 (1992)
609 A.2d 1194 MICHAEL NORBERG v. VIRGINIA R. NORBERG No. 91-436Supreme Court of New Hampshire Strafford Decided June 2, 1992 1. Divorce — Alimony — Agreement Stipulations agreed to by the parties are not binding on the court in the determination of alimony awards. RSA 458:14. 2. Divorce — Alimony — Modification or Vacation Upon […]
PEPPIN v. RAILROAD, 88 N.H. 145 (1936)
185 A. 153 BLANCHE PEPPIN v. BOSTON MAINE RAILROAD. LOUIS PEPPIN v. SAME. Supreme Court of New Hampshire Hillsborough. Decided May 5, 1936. Certainty in regard to the future conduct of another is no more essential as a basis for the exercise of reasonable care under the last chance doctrine than in any other situation. […]
MEADOWBROOK INN CORP. v. SHERIDAN, 120 N.H. 613 (1980)
419 A.2d 1072 MEADOWBROOK INN CORP. a. v. CHRISTOPHER SHERIDAN a. No. 79-427Supreme Court of New Hampshire Rockingham Decided September 17, 1980 1. Zoning — Construction of Ordinances — Meaning Words used in a zoning ordinance will be given their ordinary meaning unless it appears from their context that a different meaning was intended. 2. […]
STATE v. SANDS, 123 N.H. 570 (1983)
467 A.2d 202 THE STATE OF NEW HAMPSHIRE v. DAVID S. SANDS THE STATE OF NEW HAMPSHIRE v. THOMAS A. TSOUMAS No. 80-047Supreme Court of New Hampshire Carroll Decided August 29, 1983 1. Indictment and Information — Sufficiency — Generally An indictment must contain sufficient information to advise a defendant of the offense with which […]
STATE v. BERNARD, 158 N.H. 43 (2008)
THE STATE OF NEW HAMPSHIRE v. EVELYN BERNARD. No. 2007-822.Supreme Court of New Hampshire. Hooksett District Court.Argued: September 11, 2008. Opinion Issued: November 6, 2008. 1. Public Employees — Rights, Powers and Duties — Particular Matters The plain meaning of the phrase “other emergency” includes floods. An emergency is an unforeseen combination of circumstances or […]
STATE v. GREENLEAF, 71 N.H. 606 (1902)
54 A. 38 STATE v. GREENLEAF. Supreme Court of New Hampshire Belknap. Decided December 30, 1902. An objection that the list of witnesses furnished to the respondent in a capital case did not state the place of abode of each is waived unless taken before the trial begins. A remark of counsel which may be […]
STATE v. BRADY, 120 N.H. 899 (1980)
424 A.2d 407 THE STATE OF NEW HAMPSHIRE v. EILEEN M. BRADY a. No. 79-473Supreme Court of New Hampshire Rockingham Decided December 29, 1980 1. Trial — Mistrial — Discretion of Court Trial courts have discretion to declare mistrial whenever, in their opinion, taking all circumstances into consideration, there is a manifest necessity for the […]
METROPOLITAN LIFE INSURANCE v. ROUILLARD, 92 N.H. 16 (1942)
24 A.2d 264 METROPOLITAN LIFE INSURANCE COMPANY v. ARTHUR J. ROUILLARD, Insurance Commissioner a. No. 3299.Supreme Court of New Hampshire Merrimack. Decided January 6, 1942. Under P. L., c. 275, ss. 60, 61, providing that a foreign life insurance company shall pay annually “a tax of two per cent upon the gross premiums received by […]
STATE v. CASSELL, 140 N.H. 317 (1995)
666 A.2d 953 THE STATE OF NEW HAMPSHIRE v. JEROME E. CASSELL Nos. 93-452 93-832Supreme Court of New Hampshire Strafford Decided October 24, 1995 1. Witnesses — Impeachment, Corroboration — Prior Convictions and Criminal Charges Although a trial court must provide a limiting instruction when evidence of prior convictions is introduced to impeach a defendant’s […]
SOUTHERN N.H. WATER CO. v. TOWN OF HUDSON, 139 N.H. 139 (1994)
649 A.2d 847 SOUTHERN NEW HAMPSHIRE WATER COMPANY, INC. v. TOWN OF HUDSON No. 93-734Supreme Court of New Hampshire Hillsborough-southern judicial district Decided November 7, 1994 1. Appeal and Error — Findings — Tests for Overturning Findings and rulings of trial court will be sustained unless they are lacking in evidential support or tainted by […]
AMAZEEN v. NEWCASTLE, 76 N.H. 250 (1911)
81 A. 1079 AMAZEEN a. v. NEWCASTLE a. Supreme Court of New Hampshire Rockingham. Decided December 5, 1911. As between the parties to a deed and those claiming under them, the consideration cannot be impeached for the purpose of defeating the conveyance. When there is a possibility that an owner of realty may become a […]
ABBOTT v. SMITH, 64 N.H. 615 (1887)
17 A. 410 ABBOTT v. SMITH Trs., SAWYER a., claimants. Supreme Court of New Hampshire Hillsborough. Decided June, 1887. BINGHAM, J. The sum due the defendant for his labor at the date of the service of the writ was less than twenty dollars. It does not appear that the claim on which the suit is […]
PETITION OF STRANDELL, 132 N.H. 110 (1989)
562 A.2d 173 PETITION OF BRENDA STRANDELL (New Hampshire Division of Mental Health and Developmental Services) No. 88-051Supreme Court of New Hampshire Original Decided August 16, 1989 1. Statutes — Construction and Application — Repeal by Implication Doctrine of implied repeal of statutes is not favored in New Hampshire. 2. Legislature — Appropriations — Operation […]
STATE v. FOURNIER, 158 N.H. 441 (2009)
THE STATE OF NEW HAMPSHIRE v. RAYMOND K. FOURNIER. No. 2008-616.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: January 15, 2009. Opinion Issued: March 19, 2009. 1. Statutes — Generally — Mandatory, Directory, and Permissive Provisions The use of the word “shall” is generally regarded as a command. Although not controlling, it is significant as […]
STATE v. GREENWOOD, 113 N.H. 727 (1973)
313 A.2d 725 STATE OF NEW HAMPSHIRE v. RICHARD A. GREENWOOD No. 6735Supreme Court of New Hampshire Haverhill District Court Decided December 28, 1973 1. The State has no right to appeal an adverse ruling in a criminal case. 2. District court properly denied as a matter of law the State’s motion to withdraw without […]
TODD v. DUNCKLEE, 94 N.H. 226 (1946)
52 A.2d 285 ARTHUR H. TODD v. RALPH W. DUNCKLEE. No. 3611.Supreme Court of New Hampshire Hillsborough. Decided December 23, 1946. Trover is inconsistent with any claim of title in the property converted beyond the lien created by the attachment. Where two remedies are available but inconsistent, the election of one operates as a bar […]
STATE v. ROBIDOUX, 139 N.H. 657 (1995)
662 A.2d 268 THE STATE OF NEW HAMPSHIRE v. BENJAMIN ROBIDOUX No. 93-215Supreme Court of New Hampshire Merrimack Decided June 27, 1995 1. Criminal Law — Confessions — Voluntariness Trial court’s determination of the voluntariness of defendant’s confession was amply supported by the record, where although the defendant alleged that his prescription for sleeping pills […]
BENNETT v. SMITH, 85 N.H. 478 (1932)
160 A. 478 MORRIS H. BENNETT v. CLARENCE I. SMITH, INC. a. Supreme Court of New Hampshire Hillsborough. Decided May 3, 1932. A sub-contractor has no lien under P. L., c. 217, s. 15, where at the time of his notice nothing is due or thereafter becomes due from the owner to the contractor. Where […]
NORRIS v. NORRIS, 64 N.H. 523 (1888)
15 A. 19 NORRIS v. NORRIS. Supreme Court of New Hampshire Carroll. Decided June, 1888. A divorce will not be decreed for a cause which arose out of the state at a time when the libellant did not reside in this state. LIBEL FOR DIVORCE, filed March 29, 1888, alleging extreme cruelty as the ground […]
WEBSTER v. BLODGETT, 59 N.H. 120 (1879)
WEBSTER v. BLODGETT a. Supreme Court of New Hampshire Hillsborough. Decided June, 1879. Payment of rent on a parol contract to lease land, and buildings to be erected thereon, for ten years, does not avoid the statute of frauds. ASSUMPSIT, for the breach of a parol contract to lease to the plaintiff land, and buildings […]
MITCHELL v. AETNA LIFE AND CAS. INS. CO., 121 N.H. 458 (1981)
431 A.2d 120 GWENDOLYN MITCHELL, ADMINISTRATRIX OF THE ESTATE OF CLIFFORD P. GERMAIN, III v. AETNA LIFE AND CASUALTY INSURANCE COMPANY No. 80-292Supreme Court of New Hampshire Strafford Decided June 10, 1981 Insurance — Intent — Effect of Criminal Conviction A criminal conviction is not a bar to a subsequent civil proceeding, and where insured […]
TIBBETTS v. CATE, 66 N.H. 550 (1891)
22 A. 559 TIBBETTS v. CATE. Supreme Court of New Hampshire Carroll. Decided June, 1891. Relief will be granted in equity against a forfeiture of land incurred by the non-performance of a condition for the payment of taxes, on payment of the taxes, interest, and costs, when it appears that the refusal to pay was […]
STATE v. COOMBS, 149 N.H. 319 (2003)
821 A.2d 1030 THE STATE OF NEW HAMPSHIRE v. THOMAS D. COOMBS No. 2002-236Supreme Court of New Hampshire Portsmouth District CourtArgued February 6, 2003 Opinion Issued April 16, 2003 1. Criminal Law — Confrontation of Witnesses — Particular Cases Because the statute creating an exception to the rule against hearsay by permitting the admission of […]
GILMAN v. CONCORD, 89 N.H. 182 (1937)
195 A. 672 SARAH J. GILMAN v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided December 7, 1937. A municipality is engaged in the performance of a public governmental function when destroying insect pests as required by P.L., c. 190, ss. 1, 3 within certain areas inclusive of highway locations. Though the main objective of […]
NOYES v. PATRICK, 58 N.H. 618 (1879)
NOYES v. PATRICK. Supreme Court of New Hampshire Coos. Decided March, 1879. A general report of a referee in favor of a party includes the finding of every fact necessary to sustain the report, unless the facts specially found and stated in it appear to be the only ones on which the general conclusion is […]
N.H.-VT. HOSP. SERV. v. INSURANCE COMM’R, 113 N.H. 465 (1973)
309 A.2d 508 NEW HAMPSHIRE-VERMONT HOSPITALIZATION SERVICE v. INSURANCE COMMISSIONER No. 6723Supreme Court of New Hampshire Original Decided September 24, 1973 1. Temporary rate increase on basic hospitalization contracts, composed of varying percentages of increase in the different classes of basic contracts and designed to make each class financially self-sustaining, was authorized by the supreme […]
SLOCINSKI v. RADWAN, 83 N.H. 501 (1929)
144 A. 787 ROMAN W. SLOCINSKI v. FRANCISZEH RADWAN. SAME v. FRANK STEC. SAME v. STANLEY KROLIKOWSKI. FRANCISZEH RADWAN v. ROMAN W. SLOCINSKI. Supreme Court of New Hampshire Hillsborough. Decided February 5, 1929. In the absence of malice, an utterance may be qualifiedly privileged even though it is not true, and notwithstanding it contains a […]
TUCK v. INSURANCE CO., 56 N.H. 326 (1876)
TUCK v. HARTFORD FIRE INS. CO. Supreme Court of New Hampshire FROM BELKNAP CIRCUIT COURT. Decided March 20, 1876. Insurance — Mistake cured by the statute. Under General Statutes, ch. 157, sec. 2, an omission by one applying for insurance to state fully and truly the state of the title to the property upon which […]
IN THE MATTER OF DONOVAN DONOVAN, 152 N.H. 55 (2005)
871 A.2d 30 IN THE MATTER OF TATJANA A. DONOVAN AND ROBERT F. DONOVAN, JR. No. 2004-288.Supreme Court of New Hampshire Hillsborough-Northern Judicial District.Argued: December 9, 2004. Opinion Issued: April 1, 2005. 1. Divorce — Child Support — Amount; Factors Considered Statute regarding gross income for purposes of the child support guidelines does not require […]
HUBBARD v. GOULD, 74 N.H. 25 (1906)
64 A. 668 HUBBARD v. GOULD a. Supreme Court of New Hampshire Rockingham. Decided September 4, 1906. One who is notified of pending litigation and given an opportunity to defend is concluded as to all questions determined therein which are material in an action for indemnity brought against him by the defendant in the original […]
DILLMAN v. TOWN OF HOOKSETT, 153 N.H. 344 (2006)
STEPHEN A. DILLMAN v. TOWN OF HOOKSETT. No. 2005-564.Supreme Court of New Hampshire U.S. District Court.Argued: February 22, 2006. Opinion Issued: April 7, 2006. 1. Arbitration — Awards — Challenge To have standing to challenge an arbitration proceeding to which a representative union and the employer were the only parties, an individual employee must bring […]
BRITTON v. GLASS, 91 N.H. 218 (1940)
17 A.2d 94 GEORGE BRITTON, by his next friend AGNES BRITTON, v. SIDNEY H. GLASS. JOSEPH W. MILLER v. SAME. No. 3184.Supreme Court of New Hampshire Hillsborough. Decided December 3, 1940. Liability for non-action cannot arise where the time is too short for anything but instinctive action. Negligence cannot be predicated upon failure to take […]
HAMPTON v. MARVIN, 105 N.H. 34 (1963)
193 A.2d 441 HAMPTON a. v. OLIVER W. MARVIN a. No. 5114.Supreme Court of New Hampshire Rockingham.Argued May 7, 1963. Decided July 9, 1963. 1. Questions relating to the nature of the powers granted and the obligations imposed on the State Tax Commission under RSA 76:16-a (supp) involve matters of public importance determinable on certiorari. […]
STATE v. DALE, 146 N.H. 286 (2001)
770 A.2d 1111 THE STATE OF NEW HAMPSHIRE v. JAMES DALE. No. 99-241Supreme Court of New Hampshire Merrimack Decided April 13, 2001 1. Evidence — Hearsay Exceptions — Statements AgainstInterest Persons statements both to his friend and to a police officer that he did not remember what happened on the night of the murder, that […]
WOOD v. INSURANCE CO., 89 N.H. 524 (1938)
2 A.2d 305 DELL J. WOOD v. MANUFACTURERS c. INS. CO. SAME v. BERKSHIRE MUTUAL FIRE INS. CO. Supreme Court of New Hampshire Grafton. Decided November 1, 1938. In an action upon a fire insurance policy where the defendant introduced certain evidence of the plaintiff’s motive and of his preparation for the fire, his testimony […]
SARGENT v. ALTON, 101 N.H. 331 (1958)
143 A.2d 411 IRVILLE A. SARGENT v. ALTON. No. 4655.Supreme Court of New Hampshire Merrimack.Argued May 6, 1958. Decided June 20, 1958. 1. In an action to recover for water damage occasioned to plaintiff’s summer cottage when the defendant town opened its water main valve for the summer while plaintiff’s service faucets remained open for […]
DRAPER v. BRENNAN, 142 N.H. 780 (1998)
713 A.2d 373 DOUGLAS W. DRAPER v. WILLIAM E. BRENNAN a. No. 96-311Supreme Court of New Hampshire Hillsborough-southern judicial district Decided May 14, 1998 1. Limitations of Actions — Particular Actions — Legal Malpractice Where plaintiff sued defendant-attorneys for professional malpractice, consisting of failing to craft a settlement agreement with a bank that would protect […]
STATE v. BRUCE, 132 N.H. 465 (1989)
566 A.2d 1144 THE STATE OF NEW HAMPSHIRE v. CHARLES BRUCE No. 88-376Supreme Court of New Hampshire Strafford Decided December 8, 1989 1. Appeal and Error — Evidence — Tests and Standards A trial court’s ruling on the admission of evidence will be upheld, absent an abuse of discretion. 2. Witnesses — Cross-Examination — Scope […]
LAVALLEE v. RAILROAD, 89 N.H. 323 (1938)
197 A. 816 OSCAR LAVALLEE v. BOSTON AND MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided March 1, 1938. The driver and another witness in the cab of a truck approaching a railroad grade crossing with which they were familiar testified that the window was open one-half inch on the driver’s side and that […]
STATE v. HASTINGS, 120 N.H. 454 (1980)
417 A.2d 7 THE STATE OF NEW HAMPSHIRE v. ROBERT J. HASTINGS No. 80-151Supreme Court of New Hampshire Hillsborough Decided June 18, 1980 1. Constitutional Law — Grand Jury — Right to Defendant’s right to waive grand jury indictment is his exclusive right and should not be recommended or insisted upon by either the court […]
POPE v. LITTLE BOAR’S HEAD DIST., 145 N.H. 531 (2000)
764 A.2d 932 David A. Pope v. Little Boar’s Head District a. No. 98-786Supreme Court of New Hampshire Rockingham Decided December 15, 2000 1. Zoning and Planning — Ordinances — Enforcement In ruling that district enforced its zoning ordinance in a discriminatory manner, superior court failed to make required finding that any alleged Page 532 […]
BARRY v. BANK OF NEW HAMPSHIRE, 113 N.H. 158 (1973)
304 A.2d 879 FREDERICK J. BARRY, ADMINISTRATOR w.w.a. of ESTATE OF ELSIE M. COURSER v. BANK OF NEW HAMPSHIRE, NATIONAL ASSOCIATION No. 6342aSupreme Court of New Hampshire Strafford Decided April 30, 1973 1. Resolution by supreme court of questions of law presented to it for decision may be determinative of the entire case as a […]
PIERCE v. MOWRY, 106 N.H. 306 (1965)
210 A.2d 484 HARRY M. PIERCE, Adm’r of the estate of JANET B. PIERCE v. H. CLAUDE MOWRY, Adm’r of the estate of JOSEPH C. MOWRY. No. 5323.Supreme Court of New Hampshire Cheshire.Argued April 6, 1965. Decided May 24, 1965. 1. In a negligence action for the death of a minor child of 13 years […]
COSSEBOOM v. TOWN OF EPSOM, 146 N.H. 311 (2001)
771 A.2d 565 CHARLES COSSEBOOM v. TOWN OF EPSOM. No. 98-796Supreme Court of New Hampshire Merrimack Decided April 18, 2001 1. Zoning and Planning — Judicial Review — ParticularCases Plaintiff’s argument that pre-existing use ordinance exempted his lot from zoning requirements would be considered on appeal from order of superior court reversing decision of town […]
PUTNAM v. UNIVERSITY OF NEW HAMPSHIRE, 138 N.H. 238 (1994)
637 A.2d 156 DANIEL S. PUTNAM v. UNIVERSITY OF NEW HAMPSHIRE No. 92-671Supreme Court of New Hampshire Strafford Decided February 4, 1994 1. Appeal and Error — Dismissal of Complaint — Standards for Review Standard of review in considering motion to dismiss is whether allegations in plaintiff’s pleadings are reasonably susceptible of a construction that […]
STATE v. GLAUDE, 131 N.H. 218 (1988)
552 A.2d 85 THE STATE OF NEW HAMPSHIRE v. RICHARD A. GLAUDE No. 87-253Supreme Court of New Hampshire Rockingham Decided December 12, 1988 1. Searches and Seizures — Acts Constituting Seizure — Investigatory Stops Police may temporarily detain a suspect for investigatory purposes, even though the grounds for the stop do not amount to probable […]
VAUGHAN v. RAILROAD, 78 N.H. 615 (1918)
103 A. 129 HATTIE T. VAUGHAN, Adm’x, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided March 5, 1918. CASE, to recover for negligently causing the death of the plaintiff’s intestate, Henry Thompson, at Rockingham Junction, on December 12, 1914. Trial by jury. At the close of the plaintiff’s evidence, the defendants’ motion […]
ENGLISH v. RICHARDSON, 80 N.H. 364 (1922)
117 A. 287 FRED H. ENGLISH, Trustee, v. ISRAEL C. RICHARDSON. Supreme Court of New Hampshire Grafton. Decided April 4, 1922. A trustee in bankruptcy may, at his option, assume the lease to a bankrupt tenant, subject to all obligations and liens relating thereto valid against such debtor, or the trustee may renounce the lease […]
BRUZGA v. PMR ARCHITECTS, 141 N.H. 756 (1997)
693 A.2d 401 MICHAEL W. BRUZGA, ADMINISTRATOR OF THE ESTATE OF RICHARD C. BRUZGA v. PMR ARCHITECTS, P.C. n/f/k/a PAGE/MICHAELIS ASSOCIATES a. No. 95-502Supreme Court of New Hampshire Merrimack Decided April 21, 1997 1. Negligence — Damages — Suicides Generally in negligence actions where damages are sought for the suicide of another, liability is precluded […]
SEARLES v. CHURCHILL, 69 N.H. 530 (1898)
43 A. 184 SEARLES v. CHURCHILL. Supreme Court of New Hampshire Grafton. Decided December, 1898. A written instrument will be reformed in equity when it fails to express the intention of the parties in making the contract which it purports to contain; and, to warrant such decree, the mistake alleged must be established as matter […]
DUROCHER’S ICE CREAM CO. v. PEIRCE CONSTRUCTION CO., 106 N.H. 293 (1965)
210 A.2d 477 DUROCHER’S ICE CREAM, INC. a. v. PEIRCE CONSTRUCTION COMPANY. No. 5284.Supreme Court of New Hampshire Rockingham.Argued January 6, 1965. Decided May 24, 1965. 1. The use of depositions and discovery as an integral part of pretrial procedure is given a broad and liberal interpretation; and ordinarily their breadth and scope are for […]
KEENE v. EASTMAN, 75 N.H. 191 (1909)
72 A. 213 KEENE v. EASTMAN, Att’y-Gen’l, a. Supreme Court of New Hampshire Cheshire. Decided February 2, 1909. The absence of a provision for forfeiture in a deed to charitable uses is evidence that the donor did not intend that the estate should revert so long as the accomplishment of his general purpose is practicable. […]
STATE v. RUFFING, 127 N.H. 370 (1985)
499 A.2d 1351 THE STATE OF NEW HAMPSHIRE v. JERRY RUFFING No. 84-354Supreme Court of New Hampshire Grafton Decided October 30, 1985 Searches and Seizures — Evidence — Plain View Where police officers lawfully present on premises observed near the defendant a waterpipe (bong) of the sort used to smoke marijuana, and observed the defendant […]
ETTLINGEN HOMES v. TOWN OF DERRY, 141 N.H. 296 (1996)
681 A.2d 97 ETTLINGEN HOMES INC. v. TOWN OF DERRY a. No. 95-115Supreme Court of New Hampshire Rockingham Decided August 12, 1996 1. Zoning and Planning — Generally — Residential Zoning RSA 674:36, II(a) serves to ensure that the town, through its planning board, retains control over its expenditures on the development, improvement, and maintenance […]
PROP. PORTFOLIO v. TOWN OF DERRY, 154 N.H. 610 (2006)
PROPERTY PORTFOLIO GROUP, LLC v. TOWN OF DERRY a. No. 2005-867.Supreme Court of New Hampshire Rockingham.Argued: October 18, 2006. Opinion Issued: December 21, 2006. 1. Zoning and Planning — Judicial Review — Standard of Review When a trial court’s review of a planning board decision is appealed, the decision will be upheld unless it is […]
CRITCHETT v. HALL, 56 N.H. 324 (1876)
CRITCHETT v. HALL. BUZZELL v. SAME. YOUNG v. SAME. Supreme Court of New Hampshire FROM STRAFFORD PROBATE COURT. Decided March 20, 1876. Guardian and ward — Jurisdiction of probate court. The jurisdiction over the settlement of guardian’s accounts is in the probate court. The declaration in an action in favor of a ward against his […]
GUERTIN v. HUDSON, 71 N.H. 505 (1902)
53 A. 736 GUERTIN v. HUDSON. Supreme Court of New Hampshire Hillsborough. Decided October 9, 1902. How far the cross-examination of a witness may be carried for the purpose of disparaging his credibility, is a question to be determined by the trial court. Remarks of counsel interjected during the examination of witnesses, and not inconsistent […]
CRAWFORD v. PARSONS, 63 N.H. 438 (1885)
CRAWFORD a. v. PARSONS a. Supreme Court of New Hampshire Coos. Decided June, 1885. Counts in covenant and case may be joined in a declaration on a single cause of action. The legal construction of a written contract is the ascertainment of the fact of the parties’ intention from competent evidence. In a grant of […]
STATE v. COSME, 157 N.H. 40 (2008)
THE STATE OF NEW HAMPSHIRE v. ANGEL COSME. No. 2007-072.Supreme Court of New Hampshire. Strafford.Argued: January 17, 2008. Opinion Issued: March 20, 2008. 1. Criminal Law — Right to Fair Trial —Absence or Presence of Defendant A defendant’s right under the State Constitution to be present at trial derives from the specific guarantees to produce […]
STEPHENSON v. STARKS, 112 N.H. 291 (1972)
293 A.2d 762 SCOTT W. STEPHENSON, BY RUTH E. STEPHENSON, HIS MOTHER AND NEXT FRIEND, a. v. ALFRED TIMOTHY STARKS. No. 6286.Supreme Court of New Hampshire Cheshire. Decided July 31, 1972. 1. A motion to set aside a verdict on the ground that there was no evidence to sustain the verdict does not lie if […]
GAUDREAU v. GAUDREAU, 106 N.H. 551 (1965)
215 A.2d 695 GERARD L. GAUDREAU, Adm’r v. NORMAN GAUDREAU. JEANNETTE GAUDREAU v. NORMAN GAUDREAU. No. 5385.Supreme Court of New Hampshire Strafford.Argued November 2, 1965. Decided December 30, 1965. 1. An action against an unemancipated minor child may be maintained by the representative of the father’s estate to recover for the father’s wrongful death resulting […]
WILSON v. INSURANCE CO., 77 N.H. 344 (1914)
91 A. 913 FRANK L. WILSON v. FRANKFORT MARINE, ACCIDENT PLATE GLASS INSURANCE CO. Supreme Court of New Hampshire Coos. Decided June 27, 1914. Where a case is transferred upon an exception to the denial of a motion for nonsuit, the defendant cannot rely in the supreme court on an issue which upon the evidence […]
RAMSEY v. ANCTIL, 106 N.H. 375 (1965)
211 A.2d 900 LUCIEN RAMSEY v. IRENE C. ANCTIL d/b/a MELROSE GRILL. No. 5319.Supreme Court of New Hampshire Strafford.Argued April 6, 1965. Decided July 21, 1965. 1. The repeal of a civil damage statute does not abrogate the common-law principles of negligence. 2. A violation of the statute (RSA 175:6) prohibiting the sales of liquor […]
STATE v. MORRILL, 123 N.H. 707 (1983)
465 A.2d 882 THE STATE OF NEW HAMPSHIRE v. DAVID W. MORRILL No. 82-259Supreme Court of New Hampshire Hillsborough Decided August 31, 1983 1. Constitutional Law — Right to Jury Trial — Length of Sentence Defendant’s claim that, on appeal to superior court from a district court conviction of driving while intoxicated, first offense, a […]
KING v. THOMSON, 116 N.H. 838 (1976)
367 A.2d 1049 JOHN A. KING v. MELDRIM THOMSON, Jr. and NEW HAMPSHIRE PROBATION DEPARTMENT No. 7501Supreme Court of New Hampshire Merrimack Decided December 30, 1976 1. The superior court has jurisdiction of a petition to recuse the Governor from sitting in any proceeding that might be brought pursuant to RSA 4:1 for the removal […]
ROBERTS v. ROWE, 75 N.H. 36 (1908)
70 A. 1074 ROBERTS v. ROWE a. Supreme Court of New Hampshire Belknap. Decided October 6, 1908. A creditor may maintain concurrent actions against his debtor and one who has agreed with the latter to discharge the obligation. ASSUMPSIT, to recover for coal sold to the defendants. Trial by jury and verdict for the plaintiff. […]
STATE v. DREW, 137 N.H. 644 (1993)
633 A.2d 108 THE STATE OF NEW HAMPSHIRE v. JON DREW No. 92-179Supreme Court of New Hampshire Hillsborough Decided November 4, 1993 1. Trial — Generally — Mistrial A trial court’s denial of a motion for mistrial will not be overturned absent an abuse of discretion. 2. Trial — Generally — Mistrial Prejudice is inherent […]
PEAK v. COMPANY, 87 N.H. 350 (1935)
179 A. 355 ARTHUR S. PEAK v. NASHUA GUMMED AND COATED PAPER COMPANY. Supreme Court of New Hampshire Hillsborough. Decided June 4, 1935. Loss of earning capacity is the basis for compensation under the workmen’s compensation act (P. L., c. 178) and only to the extent that such loss is due to physical injury. Hence […]
PIVERO v. LARGY, 143 N.H. 187 (1998)
722 A.2d 461 ANTHONY J. PIVERO v. CLIFTON LARGY, CHIEF OF NASHUA POLICE DEPARTMENT No. 97-342Supreme Court of New Hampshire Hillsborough-southern judicial district December 8, 1998 1. Police — Practice and Procedure — Internal Investigation Until internal investigation produces information that results in intitation of disciplinary process against a police officer, public policy requires that […]
APPEAL OF COURVILLE, 139 N.H. 119 (1994)
649 A.2d 1233 APPEAL OF RICHARD G. COURVILLE (New Hampshire Health Services Planning and Review Board) No. 93-365Supreme Court of New Hampshire Health Services Planning and Review Board Decided November 7, 1994 1. Courts — Supreme Court — Summary Affirmance Denial of motion for summary affirmance is not dispositive of any issue, unless order denying […]
SPALDING v. MERRIMACK, 67 N.H. 382 (1892)
36 A. 253 SPALDING v. MERRIMACK. Supreme Court of New Hampshire Hillsborough. Decided December, 1892. A witness for the plaintiff, in an action against a town for injuries caused by an alleged defect in a highway, having testified to seeing the defect and to going by another way on account of it, evidence in behalf […]
BILODEAU v. INSURANCE CO., 84 N.H. 405 (1930)
151 A. 481 JOSEPH BILODEAU, Adm’r. v. THE PRUDENTIAL INSURANCE Co. OF AMERICA. Supreme Court of New Hampshire Hillsborough. Decided June 26, 1930. A solicitor of life insurance is by P. L., c. 277, s. 6 made the agent of the insurer and not of the assured, and such agent’s knowledge acquired in the course […]
BROWN-WALES CO. v. BARBER, 88 N.H. 103 (1936)
184 A. 855 BROWN-WALES COMPANY v. GEORGE E. BARBER. Supreme Court of New Hampshire Hillsborough. Decided April 7, 1936. An action of deceit lies against one who is an officer and director of a corporation who with intent to deceive creditors authorizes the issuance of a false financial statement of the corporation’s liabilities whereby the […]
CULHANE v. CULHANE, 119 N.H. 389 (1979)
402 A.2d 490 SARAH H. CULHANE v. ROBERT E. CULHANE No. 78-247Supreme Court of New Hampshire Hillsborough Decided May 23, 1979 1. Husband and Wife — Separation and Support — Agreements Where there was no public policy in New Hampshire that would compel supreme court not to enforce separation agreement, and where under New York […]
WEBSTER v. FARNUM, 60 N.H. 568 (1881)
WEBSTER a. v. FARNUM Trs. and Claimant. Supreme Court of New Hampshire Merrimack. Decided June, 1881. A married woman is not estopped to claim the proceeds of timber sold from her separate estate by her husband acting as her agent, attached by trustee process as her husband’s property, when neither she nor her husband has […]