Category: New Hampshire Court Opinions

240 A.2d 47 CONSOLIDATED MUTUAL INSURANCE COMPANY v. RADIO FOODS CORPORATION a. No. 5595.Supreme Court of New Hampshire Hillsborough.Argued October 3, 1967. Decided March 29, 1968. 1. In the absence of an express choice of law validly made by the parties, a contract is to be governed, both as to validity and performance, by the […]

226 A.2d 792 ERNEST W. HEMON v. ROWE CHEVROLET CO. a. No. 5443.Supreme Court of New Hampshire Strafford.Argued December 6, 1966. Decided February 24, 1967. 1. In an action to determine the boundary line between adjoining property owners the evidence warranted the findings and rulings that the defendants took the disputed area under their deed […]

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 […]

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 […]

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 […]

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. […]

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 Function of bills of particulars has been largely superseded by pretrial conferences and other methods of pretrial discovery. 2.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 […]

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 […]

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 […]

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 […]

313 A.2d 733 RIVERVIEW PARK, INC. GATEWAY EQUIPMENT CO., INC. v. TOWN OF HINSDALE No. 6467Supreme Court of New Hampshire Cheshire Decided December 28, 1973 1. Zoning ordinance entitling existing residential trailer parks to special mobile home park permits authorizing the owners of such parks to continue operations in substantially the same manner but not […]

497 A.2d 1196 THE STATE OF NEW HAMPSHIRE v. SIDNEY W. COREY No. 84-342Supreme Court of New Hampshire Merrimack Decided August 5, 1985 1. Searches and Seizures — Probable Cause — Generally The provision of the New Hampshire Constitution regulating searches and seizures requires that probable cause exist to support the issuance of a search […]

55 A.2d 874 RALPH C. JOHNSON a. v. ALBERT L. LABOMBARD a. No. 3646.Supreme Court of New Hampshire Grafton. Decided October 7, 1947. An easement cannot pass by implication merely on the ground of convenience. A leasehold conveyance, reserving to adjoining owners the use of spring water was not, under the circumstances, a recognition of […]

431 A.2d 796 THE STATE OF NEW HAMPSHIRE v. MICHAEL K. REARDON No. 80-449Supreme Court of New Hampshire Rockingham Decided June 26, 1981 1. Evidence — Weight and Sufficiency — Generally In deciding whether or not there is evidence to support finding beyond reasonable doubt, supreme court must consider all of the evidence and all […]

523 A.2d 52 PETITION OF MARY C. DALY (New Hampshire Personnel Commission) No. 86-132Supreme Court of New Hampshire Personnel Commission Decided December 30, 1986 1. Administrative Law — Orders and Regulations — Prerequisites to Validity State agencies must comply with the Administrative Procedures Act if their rules are to have effect. RSA ch. 541-A. 2. […]

532 A.2d 1377 GORDON F. McALPIN v. KAREN L. McALPIN No. 86-161Supreme Court of New Hampshire Rockingham Decided October 9, 1987 1. Divorce — Property Settlement — Discretion of Court Trial court has broad discretion in matters of property settlement and divorce, and its determinations of property division will be set aside only where the […]

671 A.2d 541 APPEAL OF MARK S. GRIFFIN (New Hampshire Compensation Appeals Board) No. 94-588Supreme Court of New Hampshire Compensation Appeals Board Decided February 12, 1996 1. Workers’ Compensation — Rehearings and Appeals — Rehearing Petitioner’s argument that the board erred in ruling his injury did not arise out of and in the course of […]

386 A.2d 1273 OPINION OF THE JUSTICES No. 78-098Supreme Court of New Hampshire Request of House of Representatives Decided May 10, 1978 1. Legislature — Legislative Action — Creation of Taxation Classifications Power of legislature to classify various subjects of taxation is broad, but not unlimited; there must be a just reason for selection and […]

217 A.2d 186 ROLAND J. CORMIER a. v. ROBERT L. STEVENS. Nos. 5412, 13, 14.Supreme Court of New Hampshire Belknap.Argued December 7, 1965. Decided February 28, 1966. 1. The denial of a motion for a new trial in a negligence action alleging that an expert’s testimony was fraudulently misleading was within the discretion of the […]

21 A.2d 591 ROBERT G. WATKINS SON, INC. v. JAMES A. CARRIG. No. 3259.Supreme Court of New Hampshire Strafford. Decided July 15, 1941. The requirement of consideration in a simple contract is not violated if by a new promise one party agrees to pay more for the same work demandable under the original agreement; for […]

294 A.2d 698 KATHRYN LeCLAIR a. v. NEW ENGLAND TELEPHONE TELEGRAPH COMPANY a. No. 6300.Supreme Court of New Hampshire Rockingham. Decided May 31, 1972. 1. The superior court has broad administrative authority in the operation of the court, including control of the work of the court stenographer. 2. The superior court would be acting within […]

211 A.2d 418 HAZEL WOODWARD v. ROBERT D. BAILEY a. No. 5350.Supreme Court of New Hampshire Merrimack.Argued May 5, 1965. Decided June 30, 1965. 1. A motion to compel answers to certain questions posed to a witness on deposition taken in advance of trial was properly denied where it could be found that the witness […]

786 A.2d 852 IN RE ESTATE OF MARY L. HEALD No. 99-706Supreme Court of New Hampshire Rockingham County Probate Court Decided December 11, 2001 1. Executors and Administrators — Appointment — Terminationand Removal Probate court order of removal of petitioner as executor was a decision on the merits, and petitioner was required to appeal the […]

719 A.2d 619 APPEAL OF HCA PARKLAND MEDICAL CENTER (New Hampshire Compensation Appeals Board) No. 97-093Supreme Court of New Hampshire Compensation Appeals Board Decided October 14, 1998 1. Administrative Law — Judicial Review — Standards Court hearing appeal from decision of New Hampshire Compensation Appeals Board will uphold order of board unless it is erroneous […]

451 A.2d 378 ORFORD TEACHERS ASSOCIATION a. v. HUGH WATSON, SUPERINTENDENT OF SCHOOLS a. No. 81-474Supreme Court of New Hampshire Grafton Decided September 8, 1982 1. Appeal and Error — Transcript — Absence Where the parties on appeal failed to provide the supreme court with a transcript of the proceedings below, review was limited to […]

382 A.2d 360 J. J. MORIN, INC. v. 93 CLEARING HOUSE, INC. AMIN KHOURY, DOMENIC COLETTA, JAMES MARTIN ROBERT KHOURY, d.b.a. CAMPTON REALTY ASSOCIATES No. 7859Supreme Court of New Hampshire Belknap Decided January 23, 1978 1. Contracts — Consultation — Terms Outside Written Agreement In action to recover for labor, materials and services furnished to […]

27 A.2d 92 WRIGHT E. SPEAR v. FRANK A. PENNA. FRANK A. PENNA v. WRIGHT E. SPEAR. Nos. 3319, 3338.Supreme Court of New Hampshire Carroll. Decided June 24, 1942. A docket entry: “Neither party. No costs. Judgment satisfied. No further action for same cause “, presents a patent ambiguity; the two parts of the entry […]

829 A.2d 1059 JANICE J. COOK a. v. JOHN D. SULLIVAN a. No. 2002-080Supreme Court of New Hampshire CarrollArgued June 11, 2003 Opinion Issued August 22, 2003 1. Judgments — Res Judicata — Applicability of Doctrine In order for res judicata to apply to an administrative decision, the officer or board must have been acting […]

205 A.2d 31 PACIFIC ATLANTIC SHIPPERS, INC. v. ALLAN A. SCHIER. No. 5245.Supreme Court of New Hampshire Rockingham.Submitted October 6, 1964. Decided November 30, 1964. 1. On a plea of abatement seeking dismissal of an action in this state alleging a prior action between the same parties for the same cause pending in a foreign […]

104 A.2d 746 CALEB M. FOWLER v. CAROLENA C. TAYLOR. No. 4295.Supreme Court of New Hampshire Rockingham.Argued April 6, 1954. Decided May 4, 1954. It was proper for the Trial Court upon the dismissal of plaintiff’s action to allow counsel fees to the defendant from a cash bond furnished by the plaintiff in accordance with […]

311 A.2d 304 In re HERBERT W. ASH No. 6628Supreme Court of New Hampshire Grafton Decided October 31, 1973 1. RSA 64:7 allows a single justice of the superior court to hear a petition for removal of a county officer for official misconduct. 2. The word “misconduct” has been variously defined by the courts and […]

13 A.2d 729 DAISY F. WHITE v. SUNCOOK MILLS. No. 3176.Supreme Court of New Hampshire Rockingham. Decided June 4, 1940. An owner of land who creates or maintains thereon an excavation or condition so near an adjacent highway that he realizes or should realize that it is likely to cause injury to travelers accidentally deviating […]

393 A.2d 559 SARGENT LAKE ASSOCIATION v. ARNOLD DANE, a. No. 78-092Supreme Court of New Hampshire Belknap Decided October 30, 1978 1. Property — Waste — Permissive Waste Where defendant successor developer was required to convey a certain dam to plaintiff, an association of property owners, and plaintiff association was entitled to be reimbursed for […]

785 A.2d 404 THE STATE OF NEW HAMPSHIRE v. RONALD E. McKEAN No. 2000-083Supreme Court of New Hampshire Grafton Decided November 19, 2001 1. Criminal Law — Double Jeopardy — Lesser Included Offenses For double jeopardy purposes, criminal threatening is not a lesser-including offense of kidnapping. N.H. CONST. pt. I, art. 16; RSA 631:4, 633:1. […]

84 A.2d 833 NORTH HAMPTON SCHOOL DISTRICT v. NORTH HAMPTON CONGREGATIONAL SOCIETY. No. 4068.Supreme Court of New Hampshire Rockingham. Decided December 4, 1951. By the terms of a deed which contained in the warranty clause the proviso “so long as said lot shall be used as . . . a school house lot” the parties […]

462 A.2d 98 APPEAL OF INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO Local 1088 (New Hampshire Public Employee Labor Relations Board) INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO v. CITY OF BERLIN No. 81-403 No. 82-003Supreme Court of New Hampshire Public Employee Labor Relations Board Coos Decided June 15, 1983 1. Labor Relations — Collective Bargaining Agreements — Construction […]

123 A.2d 831 SYLVIA L. WADLEIGH v. MANCHESTER. No. 4494.Supreme Court of New Hampshire Hillsborough.Submitted June 7, 1956. Decided July 6, 1956. A municipality may be held liable for damages to property adjoining a public street caused by concussion and vibration from blasting operations conducted within the limits of the street by the city in […]

855 A.2d 1271 J. DANIEL LINEHAN, HIGH SHERIFF v. ROCKINGHAM COUNTY COMMISSIONERS. No. 2003-826.Supreme Court of New Hampshire Hillsborough-northern judicial district.Argued: June 17, 2004. Opinion Issued: July 16, 2004. 1. Public Employees — Particular Officers and Positions — Sheriff The sheriff’s duties and responsibilities, unless expressly prescribed by the state constitution, are not immutable or […]

534 A.2d 379 JANETTE WOODBURY WAYNE WOODBURY v. JILL ATHENSON BLAKE No. 86-266Supreme Court of New Hampshire Hillsborough Decided November 5, 1987 1. Negligence — Defenses — Jury Instructions Instruction on the emergency doctrine is proper only if there is evidence to support findings that (1) a sudden and unforeseen emergency situation actually existed; (2) […]

612 A.2d 362 THE STATE OF NEW HAMPSHIRE v. DONNA HUOT No. 91-204Supreme Court of New Hampshire Hillsborough Decided August 14, 1992 1. Criminal Law — Sentence — Constitutionality New Hampshire Constitution requires that a defendant be informed at the time of sentencing in plain and certain terms what punishment has been exacted by the […]

519 A.2d 270 THE STATE OF NEW HAMPSHIRE v. THOMAS R. SCHWARZ No. 86-109Supreme Court of New Hampshire Grafton Decided November 7, 1986 Criminal Law — Plea of Guilty — Withdrawal Motion to withdraw guilty pleas to three indictments, on the basis that defendant lacked the cognitive capacity to plead guilty knowingly, was Page 730 […]

367 A.2d 603 TOBER’S INCORPORATED v. PORTSMOUTH HOUSING AUTHORITY No. 7274Supreme Court of New Hampshire Rockingham Decided November 30, 1976 1. Housing authority’s general duty arising out of relationship of parties to deal in good faith did not translate into duty to allow plaintiff to remain in possession of retail store until demolition became imminent. […]

22 A.2d 770 NETTIE E. HERSEY v. STEPHEN S. FRITZ. No. 3263.Supreme Court of New Hampshire Rockingham. Decided November 4, 1941. In an action by a passenger in a motor vehicle against her driver for injuries received from an alleged too sudden stop, the unexpected running of children into the street, across the path of […]

191 A.2d 526 STATE v. CHARLES B. ROSIER. No. 5112.Supreme Court of New Hampshire Portsmouth Municipal Court.Argued May 7, 1963. Decided June 7, 1963. 1. A municipal parking area designated as such by ordinance and situated on land owned by the city bounded by and accessible to and from several city streets although not laid […]

56 A.2d 641 PETITION OF OLIVER WOLCOTT a. No. 3708.Supreme Court of New Hampshire Carroll. Decided January 6, 1948. A testamentary trust provision that the trustee “pay over the net income thereof to [the testator’s wife] so long as she lives” with other broad discretionary powers vested in the trustee indicative of a purpose to […]

29 A.2d 119 ATTORNEY-GENERAL (ex rel. Leo Riel) v. NOE ALLARD a. No. 3347.Supreme Court of New Hampshire Hillsborough. Decided October 6, 1942. INFORMATION, in the nature of quo warranto. January 20, 1942, at a meeting of the board of mayor and aldermen of Manchester, the mayor, having at a previous meeting nominated the defendant […]

72 A.2d 459 GUY WHITNEY v. LEON FOGG. No. 3902.Supreme Court of New Hampshire Rockingham. Decided April 4, 1950. The negligence of the defendant operator of a motor vehicle who struck the plaintiff, while passing other vehicles on a city street where traffic was congested, was under all the circumstances for the jury. Page 211 […]

442 A.2d 588 In re ESTATE OF ANTOINETTE E. LEAVY No. 81-210Supreme Court of New Hampshire Cheshire County Probate Court Decided March 5, 1982 1. Wills — Construction — Generally The construction and effect of a will are ordinarily governed by the law in force when it became effective, and a will becomes effective upon […]

821 A.2d 1086 THE STATE OF NEW HAMPSHIRE v. JOSEPH WHITTEY No. 2001-427Supreme Court of New Hampshire MerrimackArgued February 13, 2003 Opinion Issued May 2, 2003 1. Judges — Disqualification — Particular Cases Trial judge did not err by failing to recuse herself from first-degree murder case on the basis that she was formerly employed […]

342 A.2d 629 CHARLES J. NORTON a. v. LUCIEN C. BURLEAUD No. 7148Supreme Court of New Hampshire Rockingham Decided July 31, 1975 1. Seller impliedly warranted that he would build house, including drainage and septic tank systems, in a workmanlike manner and in accordance with accepted standards when he agreed to a “complete construction” of […]

411 A.2d 147 DAVID AND PETRA GAZZOLA v. JOHN A. CLEMENTS, COMMISSIONER, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS No. 79-115Supreme Court of New Hampshire United States District Court for the District of New Hampshire Decided January 29, 1980 1. Statutes — Construction and Application — Repeal by Implication Only if the conflict between two statutes […]

565 A.2d 397 GUY J. a. v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF EDUCATION, a. No. 87-413Supreme Court of New Hampshire Merrimack Decided July 13, 1989 1. Mandamus — Character and Scope Although a writ of mandamus is the proper remedy for a public officer’s refusal to perform a ministerial act, if an official is given […]

205 A.2d 844 ALPHONSE ROY v. NORTH AMERICAN NEWSPAPER ALLIANCE, INC. a. No. 5230.Supreme Court of New Hampshire Hillsborough.Argued September 10, 1964. Decided December 30, 1964. 1. Statute authorizing Secretary of State to accept service of process on any foreign corporation transacting business in this state exerts jurisdiction over foreign corporations to the full extent […]

635 A.2d 480 APPEAL OF HINSDALE FEDERATION OF TEACHERS, NEA-NH (New Hampshire Public Employee Labor Relations Board) No. 91-480Supreme Court of New Hampshire Public Employee Labor Relations Board Decided December 21, 1993 1. Administrative Law — Administrative Appeal — Standards of Review Public employee labor relations board has discretion to determine whether a dispute involves […]

114 A.2d 880 JOSEPH F. COMOLLI v. PETER T. LAMPESIS No. 4411.Supreme Court of New Hampshire Merrimack.Argued June 7, 1955. Decided June 22, 1955. An accommodation maker of a promissory note undertakes to pay it according to its tenor and his obligation is as primary and absolute as that of the ordinary maker of a […]

431 A.2d 126 TOWN OF CROYDON v. CURRENT USE ADVISORY BOARD No. 80-160Supreme Court of New Hampshire Merrimack Decided June 10, 1981 1. Taxation — Current Use Tax — Valuation of Land Current use advisory board’s use of average land values in establishing current use values for forest land for purpose of current use taxation […]

305 A.2d 676 STATE OF NEW HAMPSHIRE v. WALTER ROYAL STATE OF NEW HAMPSHIRE v. MICHELLE MORRISSETTE No. 6323 No. 6382Supreme Court of New Hampshire Rockingham Exeter District Court Decided May 31, 1973 1. In prohibiting “publicly cast contempt . . . by acts” upon the United States flag, RSA 573:4 is directed against acts […]

665 A.2d 1068 RAY’S STATELINE MARKET, INC. v. TOWN OF PELHAM AND ADOLPH JAROSKY, INTERVENOR No. 94-143Supreme Court of New Hampshire Hillsborough-southern judicial district Decided August 14, 1995 1. Zoning and Planning — Administration and Enforcement — Procedure Superior court’s finding that although land at issue had already been zoned “residential” by virtue of the […]

777 A.2d 864 MARK JOHNSON v. WAYNE WHEELER a. No. 99-468Supreme Court of New Hampshire Concord District Court Decided July 6, 2001 1. Landlord and Tenant — Statutes — Construction Statute focusing on prohibited conduct of landlords suggests that the legislature intended it to deter unacceptable landlord conduct rather than to remedy harm to tenants. […]

764 A.2d 782 THOMAS MORGENSTERN v. TOWN OF RYE No. 99-527Supreme Court of New Hampshire RockinghamArgued: September 19, 2001 Opinion Issued: April 15, 2002 1. Zoning and Planning — Ordinances — Challenges A plaintiff who chooses to initiate a declaratory judgment action to challenge the validity of a zoning ordinance may do so after the […]