Category: New Hampshire Court Opinions

523 A.2d 54 HUGH M. DALZELL a. v. ROBERT F. HARLOW a. No. 86-139Supreme Court of New Hampshire Belknap Decided December 30, 1986 Evidence — Parol or Extrinsic — Particular Cases In an action brought by back lot owners seeking a declaration of rights to use a dock, where back lots were conveyed subject to […]

553 A.2d 313 ANN R. BOUCHER v. J. PHILIP BOUCHER No. 87-442Supreme Court of New Hampshire Hillsborough Decided December 30, 1988 1. Divorce — Property Settlement — Fault Although fault may not be considered in making a division of property following a no-fault divorce decree, property need not be distributed equally, though it must be […]

130 A.2d 538 HAROLD SPRINGER a. v. RICHARD H. HUNGERFORD, Supt. Laconia State School. No. 4561.Supreme Court of New Hampshire Rockingham.Argued February 6, 1957. Decided March 26, 1957. The issuance of writs of habeas corpus is reserved for the determination of questions which involve fundamental freedoms and occasions of pressing necessity where other remedies are […]

242 A.2d 80 ALTON BAY CAMP MEETING ASSOCIATION v. ALTON. No. 5658.Supreme Court of New Hampshire Belknap.Argued October 3, 1967. Decided May 29, 1968. 1. Land owned by a charitable religious organization and leased to various owners of cottages and boathouses thereon who pay taxes on such buildings and are either members of the organization […]

45 A.2d 295 ELEANOR P. O’GRADY a. v. FRANK L. DEERY a. No. 3558.Supreme Court of New Hampshire Sullivan. Decided January 2, 1946. There can be neither dower nor curtesy in an estate held in joint tenancy. The deed of a person mentally incompetent, but not under guardianship, passes a seisin and is not void […]

920 A.2d 1178 SYNCOM INDUSTRIES, INC. d/b/a SYNCOM SERVICES v. ELDON WOOD a. No. 2005-126.Supreme Court of New Hampshire Rockingham.Argued: November 8, 2006. Opinion Issued: March 16, 2007. 1. Labor — Employment Contracts — Noncompetition Covenants The law does not look with favor upon contracts in restraint of trade or competition. Such contracts are narrowly […]

3 A.2d 103 MARY E. SHEA v. MANCHESTER. JEREMIAH P. SHEA v. SAME. Supreme Court of New Hampshire Hillsborough. Decided December 6, 1938. A city, in furnishing water to its inhabitants at established rates, acts in a private proprietary capacity and may be held liable for an injury caused by the negligent maintenance of its […]

519 A.2d 313 APPEAL OF NET REALTY HOLDING TRUST (New Hampshire Board of Tax and Land Appeals) No. 86-009Supreme Court of New Hampshire Board of Tax and Land Appeals Decided December 8, 1986 1. Taxation — Appraisal and Assessment — Prior Judgments In a later proceeding in which the value of property may be in […]

598 A.2d 206 THE STATE OF NEW HAMPSHIRE v. JAMES MURRAY No. 90-232Supreme Court of New Hampshire Strafford Decided August 9, 1991 1. Searches and Seizures — Warrantless Searches — Plain View Under the New Hampshire Constitution, in order to justify a warrantless seizure under the “plain view” exception, the State must prove by a […]

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 […]

354 A.2d 404 IN THE MATTER OF JOHN H. SARGENT No. 7168Supreme Court of New Hampshire Merrimack County Probate Court Decided February 27, 1976 1. The legislature’s long-standing and practical application of RSA 8:40 (Supp. 1975) and RSA 8:43 (Supp. 1975), whereby the State has held all persons committed directly to the State hospital liable […]

769 A.2d 397 TOWN OF PLAISTOW BOARD OF SELECTMEN v. TOWN OF PLAISTOW ZONING BOARD OF ADJUSTMENT a. No. 99-255Supreme Court of New Hampshire Rockingham Decided April 9, 2001 1. Zoning and Planning — Administration and Enforcement —Hearings There is no statutory requirement that a request for rehearing on a zoning board of adjustment decision […]

770 A.2d 1103 BELINDA JOYCE LORD v. JAMES LOVETT, M.D. a. No. 99-179Supreme Court of New Hampshire Belknap Decided April 4, 2001 1. Physicians and Surgeons — Malpractice — Injury Loss of opportunity doctrine is medical malpractice form of recovery which allows plaintiff, whose preexisting injury or illness is aggravated by the alleged Page 233 […]

655 A.2d 414 THE STATE OF NEW HAMPSHIRE v. DENNIS RHOADES No. 93-812Supreme Court of New Hampshire Cheshire Decided March 6, 1995 1. Discovery — Depositions — Generally A defendant has no general and unqualified due process right under either the State or Federal Constitutions to compel depositions in criminal cases depositions in criminal cases […]

839 A.2d 35 THE STATE OF NEW HAMPSHIRE v. DAVID MICHAUD. No. 2001-341.Supreme Court of New Hampshire StraffordArgued: September 10, 2003. Opinion Issued: December 22, 2003. 1. Trial — Criminal Cases — Generally — Severance A defendant has an absolute right to sever unrelated charges; unrelated offenses are, obviously, those offenses that are not related, […]

366 A.2d 472 JOHN B. McKEE a. v. FRANCIS J. RIORDAN No. 7506Supreme Court of New Hampshire Grafton Decided November 30, 1976 1. In this case, the cause of action alleging malpractice by an attorney at law accrued when the plaintiffs discovered or through reasonable care and diligence should have discovered that their cause of […]

785 A.2d 399 GERALD HANDLEY v. TOWN OF HOOKSETT No. 2000-020Supreme Court of New Hampshire Merrimack Decided November 14, 2001 1. Zoning and Planning — Ordinances — Amendment Under statute governing zoning ordinance protest petitions, town was not obligated to determine the validity of the petition before voting began; the statute on its face does […]

603 A.2d 926 GOTHIC METAL LATHING v. FEDERAL DEPOSIT INSURANCE CORPORATION, AGENT No. 90-397Supreme Court of New Hampshire Merrimack Decided February 28, 1992 Liens — Mechanic’s Liens — Statutes Mechanic’s lien was not properly perfected where writ of attachment did not contain any description of the property to be attached, did not state the purpose […]

415 A.2d 871 JOY M. BUCKNER v. GEORGE D. BUCKNER, SR. No. 79-298Supreme Court of New Hampshire Merrimack Decided June 12, 1980 1. Constitutional Law — Equal Protection — Discrimination It is a denial of equal protection for a statute to authorize alimony for a wife but not for a husband; therefore, if State statutes […]

659 A.2d 899 JEAN HURLEY SNYDER v. CHRISTOPHER B. CLIFTON No. 93-715Supreme Court of New Hampshire Rockingham Decided June 1, 1995 1. Divorce — Child Support — Power of Court The superior court was empowered to order support for child until high school graduation if the evidence revealed that she was actively pursuing her diploma […]

767 A.2d 446 KENNETH E. BLEVENS, SR. a. v. TOWN OF BOW No. 97-633Supreme Court of New Hampshire Merrimack Decided March 1, 2001 1. Judges — Disqualification — Generally A trial court is per se disqualified due to the probability of unfairness when the court has become personally embroiled in criticism from a party before […]

720 A.2d 598 ELLICE DOW v. SEARS, ROEBUCK CO. No. 97-162Supreme Court of New Hampshire Rockingham Decided November 30, 1998 1. Administrative Law — Judicial Review — Final Orders New Hampshire’s Law Against Discrimination does not allow for judicial review of a single human rights commissiner’s initial probable cause detemination; plain language of statute limits […]

660 A.2d 1067 REESE R. AND CINDY L. GAUTSCHI v. AUTO BODY DISCOUNT CENTER, INC. AND MICHAEL R. DUBE No. 93-485Supreme Court of New Hampshire Hillsborough-southern judicial district Decided March 28, 1995 1. Fraud — Consumer Fraud — Particular Cases RSA 358-A:3, IV-a does not purport to transform later representations into violations of the Consumer […]

261 A.2d 273 EVERETT ADAMS v. DANIEL J. SULLIVAN EVERETT ADAMS v. DANIEL J. SULLIVAN Nos. 5868 5953Supreme Court of New Hampshire Hillsborough Decided January 30, 1970 1. A sheriff’s return of service is not conclusive and not uncontrovertible, but is entitled to a presumption of correctness which the contestant must overcome by evidence. 2. […]

385 A.2d 1213 JAMES STAMPER v. SELECTMEN, TOWN OF HANOVER No. 7965Supreme Court of New Hampshire Grafton Decided April 7, 1978 1. Towns — Powers of Selectmen — Regulation of Streets Where motion made and seconded at town meeting that town direct selectmen to consider enacting a bylaw to relocate itinerant merchants from streets to […]

498 A.2d 292 THE STATE OF NEW HAMPSHIRE v. ACOVETH CAMARGO No. 84-210Supreme Court of New Hampshire Hillsborough Decided July 24, 1985 1. Searches and Seizures — Warrantless Searches — Validity The State has the burden of proving, by a preponderance of the evidence, that a warrantless search was constitutionally permissible, since a warrantless search […]

265 A.2d 315 WILLIS A. CORSON v. LIBERTY MUTUAL INSURANCE COMPANY No. 5714Supreme Court of New Hampshire Hillsborough Decided April 30, 1970 1. A workmen’s compensation carrier that gratuitously undertook to assist in the safety of plant operations by making inspections and rendering advice to the insured employer which was primarily charged with the duty […]

8 A.2d 750 LUMBERMEN’S MUTUAL CASUALTY COMPANY v. EDWARD McCARTHY a. No. 3050.Supreme Court of New Hampshire Hillsborough. Decided October 3, 1939. The primary duty of an insurer against liability who has assumed the defence of an action against the assured is to pay his legal liability for damages. The provisions of a policy which […]

599 A.2d 490 BETTE E. STEVENS v. MERCHANTS MUTUAL INSURANCE COMPANY No. 90-414Supreme Court of New Hampshire Hillsborough Decided November 7, 1991 1. Conflict of Laws — Contracts — Insurance Interpretation of underlying insurance contract, absent compelling contrary reasons, is governed by the law where the insured risk is situated. 2. Conflict of Laws — […]

162 A.2d 612 LOUIS C. WYMAN, Attorney General v. HUGO DEGREGORY. No. 4867.Supreme Court of New Hampshire Merrimack.Argued July 14, 1960. Decided July 19, 1960. PER CURIAM. Petition for stay of an order of committal and for bail pending appeal from the order of committal to jail for contempt of court for failure to answer […]

41 A.2d 240 CHESTER W. BRYSON v. JOHN E. CARROLL. No. 3507.Supreme Court of New Hampshire Strafford. Decided February 6, 1945. The defendant’s duty to maintain a divisional fence is discharged when he maintains one which is reasonably stout and sufficient to prevent ordinary livestock from escaping. He is not required to maintain an impassable […]

665 A.2d 740 THE STATE OF NEW HAMPSHIRE v. KEITH E. LOWE No. 94-108Supreme Court of New Hampshire Cheshire Decided October 3, 1995 1. Evidence — Hearsay Exceptions — Medical Diagnosis or Treatment Trial court’s finding that child made statement for the purpose of medical treatment or diagnosis was not clearly erroneous. N.H. R. EV. […]

95 A.2d 789 STATE v. SAMUEL SMITH. No. 4188.Supreme Court of New Hampshire Portsmouth Municipal Court. Decided April 7, 1953. To establish the defense of former jeopardy it must appear that the offense previously charged was the same in law and in fact. Hence, the defense of former jeopardy may not be successfully pleaded to […]

355 A.2d 428 RONALD MOSES v. RAYMOND A. HELGEMOE, WARDEN, NEW HAMPSHIRE STATE PRISON No. 7337Supreme Court of New Hampshire Belknap Decided March 31, 1976 1. The record disclosed evidence supporting the trial court’s ruling that failure to have counsel appointed for defendant at probable cause hearing and at arraignment was harmless error. Ronald Moses, […]

553 A.2d 770 APPEAL OF UNIVERSITY SYSTEM OF NEW HAMPSHIRE (New Hampshire Public Employee Labor Relations Board) No. 87-376Supreme Court of New Hampshire Public Employee Labor Relations Board Decided December 30, 1988 1. Public Employees — Public Employee Labor Relations Board — Interpretation of Statutes Legislature has vested the public employee labor relations board with […]

435 A.2d 1126 APPEAL OF THE CITY OF NASHUA (New Hampshire Public Utilities Commission) No. 80-384Supreme Court of New Hampshire Public Utilities Commission Decided October 7, 1981 1. Administrative Law — Orders and Regulations — Binding Effect The law of New Hampshire is well settled that an administrative agency must follow its own rules and […]

230 A.2d 753 THOMAS T. MacRAE v. PAUL R. BRANT. No. 5585.Supreme Court of New Hampshire Rockingham.Argued March 8, 1967. Decided June 30, 1967. 1. Since an appeal to the Superior Court from a conviction of larceny in a municipal court vacates the judgment below and transfers the whole proceedings to be tried de novo, […]

453 A.2d 832 EARLE C. PEASLEE a. v. WALTER L. KOENIG d/b/a NEW HAMPSHIRE FOREST DEVELOPMENT ASSOC. No. 81-345Supreme Court of New Hampshire Carroll Decided September 10, 1982 1. Trespass — Trees and Wood — Burden of Proof In an action by landowners to recover the civil penalty prescribed under statute governing willful trespass to […]

235 A.2d 111 STATE v. ROGER F. COTE. No. 5579.Supreme Court of New Hampshire Hillsborough.Argued May 2, 1967. Decided October 31, 1967. 1. In an indictment for breaking, entering and larceny the evidence warranted the finding beyond a reasonable doubt that the respondent was present at the place of the crime when it was committed; […]

402 A.2d 197 In re JEAN FISCHER WILSON ESTATE No. 79-033Supreme Court of New Hampshire Probate Court, Cheshire County Decided May 23, 1979 1. Wills — Probate — Witnesses Purported will attested by two, rather than three witnesses, and executed in New Hampshire was properly denied admission to probate. RSA 551:2. 2. Wills — Probate […]

506 A.2d 695 THE STATE OF NEW HAMPSHIRE v. VERNON W. EVANS No. 84-428Supreme Court of New Hampshire Rockingham Decided December 31, 1985 1. Prisons — Treatment of Inmates — Fundamental Rights A prison must provide its inmates with adequate food, clothing, shelter, sanitation, medical care and protection for personal safety to satisfy its eighth […]

71 A.2d 409 EUGENIA M. MOORE v. ERNEST F. MOORE. No. 3888.Supreme Court of New Hampshire Rockingham, Decided February 7, 1950. An authenticated copy of a judgment of a court of a foreign state is admissible to establish such judgment in the courts of this state where the genuineness of the document and signatures were […]

123 A.2d 396 HARRINGTON’S CASE. No. 4510.Supreme Court of New Hampshire Original.Submitted June 6, 1956. Decided June 6, 1956. The embezzlement by an attorney of his clients’ funds is a violation of his oath of office and demonstrates his unfitness to practice law and for such conduct an attorney will be disbarred. Page 244 COMPLAINT, […]

605 A.2d 206 THE STATE OF NEW HAMPSHIRE v. LEONARD CONSTANT No. 90-610Supreme Court of New Hampshire Belknap Decided February 28, 1992 1. Constitutional Law — Double Jeopardy — Generally Double jeopardy provision of the New Hampshire Constitution protects the accused from prosecution for the same crime, not only after acquittal, but also after conviction. […]

459 A.2d 266 ROBBY A. MOORE v. VICTOR AKSTEN No. 81-411Supreme Court of New Hampshire Hillsborough Decided March 31, 1983 1. Continuance — Discretion of Court Disposition of pretrial motions for continuance and a motion to amend the pleadings falls within the sound discretion of the trial court. 2. Continuance — Discretion of Court In […]

182 A.2d 609 STATE v. CHRIS KARAFOTIS. No. 5006.Supreme Court of New Hampshire Pittsfield Municipal Court.Argued May 2, 1962. Decided June 29, 1962. 1. A respondent charged with a misdemeanor has no right to take depositions prior to arraignment and plea. The defendant was arrested on July 14, 1961, and admitted to bail on the […]

705 A.2d 725 UNION LEADER CORPORATION a. v. NEW HAMPSHIRE HOUSING FINANCE AUTHORITY Nos. 95-802, 96-008Supreme Court of New Hampshire Hillsborough-northern judicial district Decided December 31, 1997 1. Records — Right to Inspect — Generally The interpretation of the Right-to-Know Law (RSA ch. 91-A) is decided ultimately by the supreme court, which resolves questions regarding […]

293 A.2d 317 RAYMOND SIMONEAU v. TOWN OF ENFIELD. No. 6410.Supreme Court of New Hampshire Grafton. Decided June 30, 1972. 1. The legislative plan for allowing recovery for certain injuries from bridges, culverts, and dangerous embankments is restricted and limited. 2. Plaintiff was barred by the provisions of RSA 247:28 from maintaining a tort action […]

572 A.2d 184 FREDERICK W. LOWELL v. THE U.S. SAVINGS BANK OF AMERICA, JOSEPH FANARAS, CHARLES MUTRIE, JEFFREY BREISETH AND JAMES WALSH No. 88-370Supreme Court of New Hampshire Rockingham Decided March 8, 1990 1. Constitutional Law — Right to Jury Trial — Generally The New Hampshire Constitution affords the parties to a suit involving legal […]

13 A.3d 338 THE STATE OF NEW HAMPSHIRE v. DAVID ORDE. No. 2009-737.Supreme Court of New Hampshire. Hlllsborough-southern judicial district.Argued: October 21, 2010. Opinion Issued: November 30, 2010. 1. Search and Seizure — Generally — Expectation of Privacy The New Hampshire Constitution protects all people, their papers, their possessions and their homes from unreasonable searches […]

320 A.2d 646 STATE OF NEW HAMPSHIRE v. DOUGLAS N. HARDING No. 6747Supreme Court of New Hampshire Nashua District Court Decided May 31, 1974 1. Under the Miller test of obscenity as developed by the Supreme Court of the United States (413 U.S. 15 (1973)), a statute regulating obscenity must be limited to works (1) […]

463 A.2d 889 THE STATE OF NEW HAMPSHIRE v. CARROLL G. MATTHEWS, JR., ADMINISTRATOR OF THE ESTATE OF MABEL L. MATTHEWS No. 82-464Supreme Court of New Hampshire Merrimack Decided July 13, 1983 1. Executors and Administrators — Debts and Expenses — Source for Payment The statute imposing liability on the estate of a decedent whose […]

238 A.2d 10 GEORGE S. PAPPAGIANIS, Attorney General a. v. EUGENE S. DANIELL, JR. a. as Robert F. Kennedy for President Write-In Committee. No. 5730.Supreme Court of New Hampshire Merrimack.Argued February 7, 1968. Decided February 9, 1968. 1. The legislative enactment (RSA 70:1-a (supp)) as inserted by Laws 1965, 236:3 that “the provisions of this […]

583 A.2d 734 PETER O. HUTCHINSON v. CAROL L. HUTCHINSON No. 90-025Supreme Court of New Hampshire Hillsborough Decided December 31, 1990 1. Divorce — Custody and Support of Children — Modification of Decree The trial court has broad discretion in awarding and modifying child support orders, and its orders will be upheld on appeal unless […]

82 A.2d 769 ROBERT EDWARD FITZGIBBONS v. PARKER L. HANCOCK a. No. 4039.Supreme Court of New Hampshire Hillsborough. Decided July 27, 1951. Whether a minor upon arraignment to indictments for armed robbery and larceny may be permitted to plead guilty without the advice of counsel is dependent upon the facts of the particular case and […]

453 A.2d 1324 THE STATE OF NEW HAMPSHIRE v. FREDDY E. COMTOIS No. 82-151Supreme Court of New Hampshire Rockingham Decided December 30, 1982 1. Trial — Conduct of Trial — Discretion of Judge Although the discovery of truth in the context of a criminal trial is quite properly limited by certain constitutional safeguards and privileges, […]

40 A.2d 837 ALBINA MALTAIS v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES. ALBINA MALTAIS, Adm’x v. SAME. No. 3489.Supreme Court of New Hampshire Merrimack. Decided December 5, 1944. A non-occupational group insurance policy containing a provision that no payment shall be made for loss resulting from bodily injuries arising out of and […]

157 A.2d 651 IRVING SCAMMON a. v. HARRY PAGE. No. 4796.Supreme Court of New Hampshire Rockingham.Argued January 5, 1960. Decided January 27, 1960. 1. Where the plaintiffs’ opening statement was insufficient to support a claim of causal negligence and their counsel was given several opportunities by the Trial Court to amend or enlarge such statement […]