263 A.2d 664 FREDERICK HILDRETH, individually and formerly d/b/a ROCHESTER FOOD OUTLET and HILDRETH’S SUPERETTE DISCOUNT STORE v. LUCIEN E. BERGERON, individually and d/b/a LUCIEN BERGERON INSURANCE AGENCY No. 5976Supreme Court of New Hampshire Strafford Decided March 31, 1970 1. Plaintiff may recover from his insurer all expenses, including attorney’s fees in defending himself in […]
Category: New Hampshire Court Opinions
APPEAL, POLICE COMM., ROCHESTER, 149 N.H. 528 (2003)
823 A.2d 757 APPEAL OF POLICE COMMISSION OF THE CITY OF ROCHESTER (New Hampshire Public Employee Labor Relations Board) No. 2002-593Supreme Court of New Hampshire Public Employee Labor Relations BoardArgued March 13, 2003 Opinion Issued May 16, 2003 1. Labor — Labor Unions — Unfair Labor Practices Conclusion that failing to comply with an arbitrator’s […]
BALLOU v. BALLOU, 118 N.H. 463 (1978)
387 A.2d 1169 WILLIAM W. BALLOU v. CONNIE J. BALLOU No. 78-035Supreme Court of New Hampshire Cheshire Decided June 19, 1978 1. Divorce — Custody and Support of Children — Child’s Interests Paramount concern in matters of child custody is the best interest of the child, and relationship established by custody award should not be […]
STATE v. CANATELLA, 96 N.H. 202 (1950)
72 A.2d 507 STATE v. RAYMOND H. CANATELLA. STATE v. HOWARD S. EDWARDS. No. 3893.Supreme Court of New Hampshire Rockingham. Decided April 4, 1950. An indictment for robbery charging the respondents with taking eighteen dollars of the lawful currency and money of the United States of America of the value of eighteen dollars of the […]
STATE v. COOPER, 127 N.H. 119 (1985)
498 A.2d 1209 THE STATE OF NEW HAMPSHIRE v. LON COOPER THE STATE OF NEW HAMPSHIRE v. ELROY J. DUPUIS AND DIANE THERRIAULT No. 84-150 No. 84-145Supreme Court of New Hampshire Merrimack Coos Decided August 15, 1985 1. Constitutional Law — Right to Appeal — Criminal Case United States Constitution does not require appellate review […]
HALE v. MANCHESTER KEENE RAILROAD, 61 N.H. 641 (1881)
HALE a. v. MANCHESTER KEENE RAILROAD a. Supreme Court of New Hampshire Hillsborough. Decided December, 1881. CARPENTER, J. All the objections now presented to the confirmation of the sale were equally objections to ordering the sale, and it must be presumed that they were either not presented, or if presented, were considered and overruled. By […]
ORDWAY v. SANDERS, 58 N.H. 132 (1877)
ORDWAY v. SANDERS. Supreme Court of New Hampshire Rockingham. Decided August, 1877. The sayings of third persons are not evidence as a part of the res gestae, unless they accompany a material act which they explain. A request to charge is properly refused when it does not state the question with sufficient fulness. CASE, against […]
STATE v. ENO, 143 N.H. 465 (1999)
727 A.2d 981 THE STATE OF NEW HAMPSHIRE v. MICHAEL ENO No. 95-615Supreme Court of New Hampshire Grafton Decided April 8, 1999 1. Appeal and Error — Questions Considered on Appeal —Constitutionality Before triggering State constitutional analysis, defendant must unambiguously and specifically assert State constitutional foundation for his objection. 2. Criminal Law — Victims — […]
WEHRINGER’S CASE, 130 N.H. 707 (1988)
547 A.2d 252 WEHRINGER’S CASE No. LD-86-005Supreme Court of New Hampshire Original Decided August 5, 1988 1. Constitutional Law — Right to Counsel — Waiver Respondent in disbarment proceeding effectively waived any claims with respect to a right to court-appointed counsel, since record did not show that respondent had ever requested that a lawyer be […]
WILSON v. DAME, 58 N.H. 392 (1878)
WILSON v. DAME. Supreme Court of New Hampshire Rockingham. Decided August, 1878. If a person acts as an agent without authority, and his acts are ratified, he is entitled to the same compensation and remedy as if he had been duly authorized. ASSUMPSIT, on the common counts. Facts found by a referee. The plaintiff was […]
KING v. THOMSON, 119 N.H. 219 (1979)
400 A.2d 1169 JOHN A. KING v. MELDRIM THOMSON, JR. AND NEW HAMPSHIRE BOARD OF PROBATION No. 7796Supreme Court of New Hampshire Original Decided April 13, 1979 1. Public Employees — Suspension and Dismissal — State’s Interest Statute stating that State officials can only be removed from office when cause exists, while providing procedural safeguards […]
PETITION OF STATE OF N.H., 152 N.H. 185 (2005)
872 A.2d 1000 PETITION OF THE STATE OF NEW HAMPSHIRE. No. 2004-320.Supreme Court of New Hampshire Rockingham.Argued: April 5, 2005. Opinion Issued: May 9, 2005. 1. Remedies — Extraordinary Writs — Certiorari Certiorari review is limited to whether the trial court acted illegally with respect to jurisdiction, authority, or observance of the law, whereby it […]
SQUIRE v. MUDGETT, 63 N.H. 71 (1884)
SQUIRE v. MUDGETT. Supreme Court of New Hampshire Belknap. Decided June, 1884. The only measure of the homestead right is value; therefore a homestead right in a life estate is five hundred dollars’ worth of that estate, and not five hundred dollars’ worth of the premises in which the life estate exists. BILL IN EQUITY, […]
STRAW v. COMPANY, 76 N.H. 35 (1911)
79 A. 495 STRAW v. PITTSFIELD SHOE CO. Supreme Court of New Hampshire Merrimack. Decided February 7, 1911. A servant who suffers injury by using a hole in the wall of a mill as a means of exit from the premises cannot recover of the master therefor, if the latter did not intend the aperture […]
NEW HAMPSHIRE YORK CO. v. TITUS CONSTR. CO., 107 N.H. 223 (1966)
219 A.2d 708 NEW HAMPSHIRE YORK CO. v. TITUS CONSTRUCTION COMPANY a. No. 5466.Supreme Court of New Hampshire Hillsborough.Argued April 6, 1966. Decided May 31, 1966. 1. Summary judgment procedure is designed to save time, effort and expense by allowing a final judgment to be entered immediately in those cases where there is no genuine […]
STATE v. MITCHELL, 148 N.H. 293 (2002)
808 A.2d 62 THE STATE OF NEW HAMPSHIRE v. SCOTT MITCHELL No. 2000-444Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued May 16, 2002 Opinion Issued September 16, 2002 1. Evidence—Relevance—Generally A defendant has no constitutional right to present irrelevant evidence, and no right under the State Constitution to introduce evidence that will have little effect […]
RANSMEIER v. CAMP CODY, INC., 117 N.H. 736 (1977)
378 A.2d 752 MICHAEL M. RANSMEIER, ADMINISTRATOR, ESTATE OF ISRAEL LEE ESKEN v. CAMP CODY, INC. No. 7734Supreme Court of New Hampshire Carroll Decided September 30, 1977 1. Workmen’s Compensation — Construction Under statutory provision of workmen’s compensation law providing that employee waives his rights of action at common law to recover damages for personal […]
APPEAL OF EASTMAN SEWER CO., 138 N.H. 221 (1994)
636 A.2d 1030 APPEAL OF EASTMAN SEWER COMPANY, INC. (New Hampshire Public Utilities Commission) No. 92-289Supreme Court of New Hampshire Public Utilities Commission Decided January 27, 1994 1. Public Utilities — Rates and Charges — Particular Cases Evidence supported finding of New Hampshire Public Utilities Commission (PUC) that sewer company had already recovered cost of […]
COTTER v. COTTER, 103 N.H. 551 (1961)
176 A.2d 316 ANDREW B. COTTER a. v. ROGER F. COTTER a. No. 4974.Supreme Court of New Hampshire Cheshire.Submitted October 4, 1961. Decided December 29, 1961. 1. Where the testator had acquired real property upon which there was a residence known as “118 Pearl Street” and another building which had been converted into a second […]
ROGERS v. MILLER, 62 N.H. 131 (1882)
ROGERS v. MILLER. Supreme Court of New Hampshire Hillsborough. Decided June, 1882. If a party would avoid a sale or exchange of a chattel for breach of contract by the other party, he must not retain any part of the consideration he received upon such sale or exchange. TROVER, for a horse. Facts found by […]
SAWYER v. SAWYER, 61 N.H. 50 (1881)
SAWYER v. SAWYER a. Supreme Court of New Hampshire Cheshire. Decided June, 1881. In a devise of real estate by a testator to his three daughters, a proviso “that it shall require the consent of all, or of those who shall survive in the event of the decease of one, to sell or lease said […]
UNITED STATES F. G. CO. v. GAGNE, 103 N.H. 420 (1961)
174 A.2d 406 U.S. FIDELITY GUARANTY COMPANY a. v. EVELYN C. GAGNE. No. 4915.Supreme Court of New Hampshire Strafford.Argued September 6, 1961. Decided October 27, 1961. 1. An injury sustained by an employee by slipping on ice upon property adjoining and near the entrance to the employer’s premises and while the employee was following the […]
WEBSTER v. FARNUM, 60 N.H. 288 (1880)
WEBSTER a. v. FARNUM Trs., FARNUM, Claimant. Supreme Court of New Hampshire Merrimack. Decided December, 1880. Whenever it appears by the depositions taken, or otherwise, that the property in the hands of the trustee is claimed by a third person, such claimant may be allowed to appear and maintain his claim upon such terms as […]
QUIMBY v. STODDARD, 67 N.H. 283 (1892)
35 A. 1106 QUIMBY v. STODDARD. Supreme Court of New Hampshire Coos. Decided June, 1892. A bona fide holder of a promissory note payable to bearer, or indorsed in blank, taken after it becomes discredited, takes it subject not only to any equities in favor of the maker against the payee, but also subject to […]
GROSSMAN v. MURRAY, 141 N.H. 265 (1996)
681 A.2d 90 STEWART F. GROSSMAN, TRUSTEE OF THE MURRAY CREDITORS’ TRUST v. DAVID W. MURRAY, INDIVIDUALLY AND DAVID W. MURRAY d/b/a ERIN REALTY COMPANY, d/b/a SECOND LEASING COMPANY, d/b/a CHARMING FARE COUNTRY CLUB, d/b/a LEASED RESTAURANT EQUIPMENT COMPANY No. 94-634Supreme Court of New Hampshire Hillsborough-northern judicial district Decided August 7, 1996 1. Judgments — […]
GOVE v. CAMPBELL, 62 N.H. 401 (1882)
GOVE v. CAMPBELL a. Supreme Court of New Hampshire Merrimack. Decided December, 1882. As against existing creditors, it is immaterial that a voluntary conveyance is made bona fide, unless the donor or grantor retains ample means to satisfy his debts. A voluntary conveyance is prima facie evidence of a fraudulent intent against creditors, and if, […]
SUNDBERG v. GREENVILLE BD. OF ADJUSTMENT, 144 N.H. 341 (1999)
740 A.2d 1068 ELAINE M. SUNDBERG a. v. GREENVILLE BOARD OF ADJUSTMENT a. THEO A. DE WINTER v. TOWN OF GREENVILLE No. 98-079Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided November 30, 1999 1. Zoning and Planning — Ordinances — Construction Construction of terms of a zoning ordinance is a question of law, upon […]
CHUNG MEE v. HEALY, 86 N.H. 483 (1934)
171 A. 263 CHUNG MEE RESTAURANT CO. v. MICHAEL J. HEALY. Supreme Court of New Hampshire Hillsborough. Decided February 6, 1934. A municipal ordinance passed pursuant to P. L., c. 42, s. 30 and requiring that no person “shall keep a hall for dancing . . . except for private use unless a license therefor […]
LEBARGE v. BERLIN MILLS, 68 N.H. 373 (1895)
44 A. 533 LEBARGE v. BERLIN MILLS CO. Supreme Court of New Hampshire Coos. Decided June, 1895. A master is not bound to so construct a staging that it may safely be taken down without the exercise of care; and where the evidence shows a proper construction, and that the accident resulted from the negligence […]
APPEAL OF ANDERSON, 120 N.H. 749 (1980)
422 A.2d 1043 APPEAL OF EARL K. ANDERSON (New Hampshire Board of Taxation) No. 80-082Supreme Court of New Hampshire Board of Taxation Decided November 13, 1980 1. Taxation — Real Property — Methods of Determining Value Absent statutory direction about methods to be used in the valuation of property for taxes, supreme court permits considerable […]
STATE v. CALL, 139 N.H. 102 (1994)
650 A.2d 331 THE STATE OF NEW HAMPSHIRE v. DENNIS CALL No. 93-445Supreme Court of New Hampshire Strafford Decided November 2, 1994 1. Offenses — Rape — Elements of Crime In a prosecution for sexual penetration of a mentally defective person, the State has the burden of proving beyond a reasonable doubt that the victim […]
SINDORF v. DOW, 112 N.H. 114 (1972)
289 A.2d 394 FLORENCE LAKE SINDORF v. ROBERT E. DOW. HELEN KAUKOLA HOLBROOK, EXECUTRIX, ESTATE OF JOSEPH N. KAUKOLA v. ROBERT E. DOW. HELEN K. HOLBROOK v. ROBERT E. DOW. No. 6326.Supreme Court of New Hampshire Strafford. Decided March 31, 1972. 1. Evidence is viewed most favorably to the party in whose favor a verdict […]
GRAND CHINA, INC. v. UNITED NAT’L INS., 156 N.H. 429 (2007)
GRAND CHINA, INC. a. v. UNITED NATIONAL INSURANCE COMPANY. No. 2007-179.Supreme Court of New Hampshire. Rockingham.Argued: September 19, 2007. Opinion Issued: November 9, 2007. 1. Insurance — Policies — Cancellation Surplus lines insurers must comply with the New Hampshire statute governing notice of cancellation. RSA 417-C:2. 2. Insurance — Policies — Cancellation Because a cancellation […]
STATE v. HARVEY, 106 N.H. 446 (1965)
213 A.2d 428 STATE v. ARTHUR J. HARVEY. No. 5382.Supreme Court of New Hampshire Merrimack.Argued September 9, 1965. Decided October 5, 1965. 1. Where a complaint for violation of a municipal ordinance was nol prossed the respondent was held not entitled to maintain a petition for a declaratory judgment or advisory opinion to establish that […]
NUTTER v. TUCKER, 67 N.H. 185 (1892)
30 A. 352 NUTTER v. TUCKER. Supreme Court of New Hampshire Rockingham. Decided June, 1892. The declarations of a former deceased owner of land, made while in possession, are competent on the question of boundaries, in favor of as well as against one claiming under him. TRESPASS, qu. cl. Verdict for the plaintiff. The plaintiff’s […]
BANK v. RAYMOND, 57 N.H. 144 (1876)
BANK v. RAYMOND. Supreme Court of New Hampshire FROM ROCKINGHAM CIRCUIT COURT. Decided August 10, 1876. Sale of chattel by mortgagor. The mortgagor of a chattel, with the verbal consent of the mortgagees, sold it to the defendant without notifying him of the existence of the mortgage; but before delivery, and before payment of the […]
RABALSKY v. KOOK, 87 N.H. 56 (1934)
173 A. 803 BENJAMIN RABALSKY a Ex’rs v. ABRAHAM I. KOOK a. Supreme Court of New Hampshire Rockingham. Decided June 28, 1934. A gift to trustees of “ten per cent . . . of all the property, both real and personal of which I may die seized or possessed” was construed to create a pecuniary […]
GRAY v. FIFIELD, 59 N.H. 131 (1879)
GRAY v. FIFIELD. Supreme Court of New Hampshire Hillsborough. Decided June, 1879. Absence from the state will not prevent the statute of limitations from running, when the defendant was in a position to receive notice from a summons left at his domicile in this state. ASSUMPSIT, to recover the balance of the defendant’s promissory note, […]
DUPONT v. N.H. REAL ESTATE, 157 N.H. 658 (2008)
LAWRENCE J. DUPONT v. NEW HAMPSHIRE REAL ESTATE COMMISSION. No. 2007-893.Supreme Court of New Hampshire. Belknap.Argued: June 26, 2008. Opinion Issued: August 21, 2008. 1. Brokers — Regulation The plain language of the statute regarding exempted classes provides that only persons owning or operating a manufactured housing park without a broker license are exempt from […]
LEVESQUE v. HUDSON, 106 N.H. 470 (1965)
214 A.2d 553 ROLAND J. LEVESQUE a. v. HUDSON a. No. 5335.Supreme Court of New Hampshire Hillsborough.Argued May 4, 1965. Decided October 29, 1965. 1. The decree of the Trial Court sustaining an order of the zoning board of adjustment granting a variance from the terms of a municipal ordinance to permit the erection of […]
EDWARDS v. TILTON MILLS, 70 N.H. 574 (1900)
50 A. 102 EDWARDS v. TILTON MILLS. Supreme Court of New Hampshire Hillsborough. Decided December, 1900. The duty of a master to furnish his servants a safe and suitable place in which to labor extends to such portions of the premises as he knows, or ought to know, they are accustomed to use in the […]
STATE v. PLUMMER, 117 N.H. 320 (1977)
374 A.2d 431 THE STATE OF NEW HAMPSHIRE v. CHARLES A. PLUMMER No. 7401Supreme Court of New Hampshire Sullivan Decided April 29, 1977 1. Evidence — Admissibility Generally — Harmless Error In prosecution for recklessly causing death, which resulted in conviction of negligent homicide, admission, over defendant’s objection, of testimony of witness that defendant was […]
HOYT v. COMPANY, 80 N.H. 27 (1921)
113 A. 219 FLORA HOYT v. MASSACHUSETTS BONDING AND INSURANCE CO. a. Supreme Court of New Hampshire Hillsborough. Decided January 4, 1921. The limitation of actions on accident and health policies prescribed by Laws 1913, c. 226, applies to a policy issued prior thereto, stipulating that it shall expire one month after date but shall […]
HOSMER v. FEDERICO, 89 N.H. 378 (1938)
199 A. 567 CHARLES I. HOSMER, INC. v. L. P. FEDERICO SON. L. P. FEDERICO SON v. CHARLES I. HOSMER, INC. Supreme Court of New Hampshire Cheshire. Decided May 3, 1938. A prohibition in a contract of the assignment of rights thereunder is for the benefit of an original party and does not prevent the […]
BARNARD v. ELMER, 128 N.H. 386 (1986)
515 A.2d 1209 CLARENCE F. BARNARD, JR., a. v. WILLIAM ELMER No. 84-486Supreme Court of New Hampshire Grafton Decided August 7, 1986 1. Trial — Consolidation of Actions — Generally Trial court order consolidating actions for trial will be reversed only for abuse of discretion. 2. Trial — Consolidation of Actions — Generally The superior […]
MAYO v. INSURANCE CO., 81 N.H. 299 (1924)
126 A. 15 FLORENCE MAYO v. METROPOLITAN LIFE INSURANCE COMPANY. Supreme Court of New Hampshire Hillsborough. Decided May 6, 1924. A decree, bill dismissed, is conclusive of the merits between the parties thereto, but if justice so requires the decree may be vacated. ASSUMPSIT, to recover on the insurance policies litigated in Metropolitan Insurance Co. […]
TYLER v. FLANDERS, 57 N.H. 618 (1876)
TYLER v. FLANDERS. Supreme Court of New Hampshire FROM COOS CIRCUIT COURT. Decided August 11, 1876. Evidence. In an action against selectmen for a malicious and fraudulent over-valuation and taxation of property, the defendants were permitted to prove the discussions which they had at the time of the appraisal, as tending to show that their […]
OPINION OF THE JUSTICES, 56 N.H. 574 (1875)
OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided June 3, 1875. Coordinate departments of the government — How far independent of each other. The governor and council, in pursuance of the provisions of Article XXXIII of the constitution, examined the returned copies of the records of votes given in for senators in the […]
STATE v. MALTAIS, 75 N.H. 248 (1909)
72 A. 1023 STATE v. MALTAIS. Supreme Court of New Hampshire Grafton. Decided April 6, 1909. One charged with the unlawful sale of liquor under section 15, chapter 112, Public Statutes, and amendments thereto, cannot be found guilty of a “subsequent offence,” upon proof of his prior conviction of the unlawful sale of cider, under […]
OSGOOD v. CONWAY, 67 N.H. 100 (1891)
36 A. 608 OSGOOD a. v. CONWAY a. Supreme Court of New Hampshire Carroll. Decided December, 1891. An appropriation of money by a town to pay for services voluntarily rendered in its behalf without its request or authority, is invalid. BILL IN EQUITY, by residents and tax-payers in Conway, against the town, its selectmen, collector, […]
STATE v. DAME, 60 N.H. 479 (1881)
STATE v. DAME. Supreme Court of New Hampshire Strafford. Decided June, 1881. In an indictment for maintaining a nuisance in respect of that which in itself is unlawful, it is not necessary to set forth the circumstances which go to make it unlawful. In an indictment for keeping a disorderly house, it is not necessary […]
DAIGLE v. CITY OF PORTSMOUTH, 129 N.H. 561 (1987)
534 A.2d 689 DALE A. DAIGLE v. CITY OF PORTSMOUTH DALE A. DAIGLE v. ALBERT PACE No. 85-029 No. 86-129Supreme Court of New Hampshire Rockingham Decided August 6, 1987 1. Estoppel — Collateral Estoppel — Generally At its core, the doctrine of collateral estoppel bars a party to a prior action, or a person in […]
SARGENT v. SANBORN, 66 N.H. 30 (1889)
25 A. 541 SARGENT a., Adm’rs, v. SANBORN a. Supreme Court of New Hampshire Merrimack. Decided December, 1889. A party contesting a will is not, as matter of right, entitled to examine private papers of the testator in the hands of a special administrator, but permission to make such examination should be granted or refused […]
UNION LEADER CORP. v. N.H. RETIREMENT SYSTEM, 2010-784 (N.H. 11-3-2011)
UNION LEADER CORPORATION v. NEW HAMPSHIRE RETIREMENT SYSTEM. No. 2010-784Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued: June 16, 2011 Opinion Issued: November 3, 2011 Malloy Sullivan, P.C., of Manchester (Kathleen C.Sullivan on the brief and orally), for the plaintiff. Sulloway Hollis, P.L.L.C., of Concord (Edward M.Kaplan and Sarah S. Murdough on the brief, andMr. […]
MURPHY v. BANK, 63 N.H. 362 (1885)
MURPHY v. THE NEW HAMPSHIRE SAVINGS BANK. Supreme Court of New Hampshire Merrimack. Decided June, 1885. In a decree for the plaintiff on a bill for the redemption of land from a mortgage, a year from the date of the decree is the time ordinarily given for redemption. Page 363 BILL IN EQUITY; to redeem […]
HURLEY v. HUDSON, 112 N.H. 365 (1972)
296 A.2d 905 DAVID J. HURLEY AND TWENTY OTHER PLAINTIFFS v. TOWN OF HUDSON AND SUNLAND CORPORATION. No. 6307.Supreme Court of New Hampshire Hillsborough. Decided November 3, 1972. 1. Municipal corporations are immune from liability for torts arising out of negligence in the performance of governmental functions that are essentially judgmental, discretionary, legislative, or judicial. […]
REYNOLDS v. KENNEY, 87 N.H. 313 (1935)
179 A. 16 NELLIE REYNOLDS v. JAMES H. KENNEY, Adm’r a. Supreme Court of New Hampshire Hillsborough. Decided May 7, 1935. Where an administrator is a party to an action and does not elect to testify the surviving party is not competent to testify as to the decedent’s title to personal property as of the […]
RUBLEE v. BELMONT, 62 N.H. 365 (1882)
RUBLEE v. BELMONT. Supreme Court of New Hampshire Belknap. Decided December, 1882. When the legal principle governing a case is fully stated in general instructions given to the jury, and each party has an opportunity in argument to apply it to his view of the facts, it is not error of law for the court […]
KITTREDGE v. BARTIS, 83 N.H. 588 (1929)
146 A. 815 WALTER E. KITTREDGE a v. MICHAEL BARTIS a. Supreme Court of New Hampshire Hillsborough. Decided June 27, 1929. BILL IN EQUITY. The plaintiffs excepted to an order permitting the defendants to file an additional answer. Transferred by Matthews, J. Walter E. Kittredge, William H. Barry and Frederic J. Gaffney (Mr. Gaffney orally), […]
BRUZGA’S CASE, 145 N.H. 62 (2000)
753 A.2d 608 BRUZGA’S CASE. No. LD-95-009.Supreme Court of New Hampshire Original. April 12, 2000. 1. Attorneys — Professional Conduct Rules — Violations Committee on professional conduct failed to demonstrate by clear and convincing evidence that attorney committed professional malfeasance when filing motion to remove and sanction guardian ad litem in post-divorce custody proceedings involving […]
KIMBALL v. KIMBALL, 63 N.H. 598 (1885)
4 A. 702 KIMBALL v. KIMBALL. Supreme Court of New Hampshire Hillsborough. Decided December, 1885. The divorce jurisdiction is not enlarged by c. 14, Laws of 1883. LIBEL FOR DIVORCE. The petition alleges the marriage of the parties in New Hampshire in 1870, and their residence together in New Hampshire until August, 1883, since which […]
CUSHING v. MILLER, 62 N.H. 517 (1883)
CUSHING v. MILLER a. Supreme Court of New Hampshire Carroll. Decided June, 1883. A tenant in common in possession may, in a case where equity has jurisdiction, maintain a bill against the owner of adjoining lands to establish the boundaries. An objection to the form of the remedy is generally waived if not taken at […]
SEVERANCE v. TOWN OF EPSOM, 155 N.H. 359 (2007)
MELVIN SEVERANCE, III a. v. TOWN OF EPSOM. No. 2005-868.Supreme Court of New Hampshire Merrimack.Argued: October 11, 2006. Opinion Issued: May 1, 2007. 1. Zoning and Planning — Ordinances — Construction Interpreting a zoning ordinance is a question of law. Traditional rules of statutory construction govern. 2. Zoning and Planning — Generally — Exceptions, Variations […]
SMALL v. BENFIELD, 66 N.H. 206 (1890)
20 A. 284 SMALL v. BENFIELD. Supreme Court of New Hampshire Rockingham. Decided June, 1890. A judgment cannot be impeached collaterally for error in the taxation of costs. Where the officer, without the direction or knowledge of the plaintiff in a capias execution, charges for the service of the execution illegal fees, and holds the […]
ASSOCIATION CANADO-AMERICAINE v. MARQUIS, 90 N.H. 125 (1939)
5 A.2d 37 ASSOCIATION CANADO-AMERICAINE v. EMILE MARQUIS a. No. 3055Supreme Court of New Hampshire Hillsborough Decided March 7, 1939 If on a bill of interpleader one defendant submits the case without questioning the sufficiency of the evidence to sustain a decree in favor of the other defendants, his motion to set it aside presents […]
McFETRICH v. WOODROW, 67 N.H. 174 (1891)
38 A. 18 McFETRICH v. WOODROW a. Supreme Court of New Hampshire Coos. Decided December, 1891. A person not the payee of a promissory note, who writes his name on the back before it is negotiated, is liable as maker, not as endorser, although his signature was for the accommodation of the payee, and the […]
BOSTON MAINE RAILROAD v. RAILROAD, 86 N.H. 217 (1933)
166 A. 275 BOSTON MAINE RAILROAD v. PETERBOROUGH RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided May 2, 1933. A provision in a lease by one railroad to another that “the lessee shall pay the operating expenses of the lessor . . . all taxes of every description, Federal, State or Municipal upon property, business, […]
MESSER v. MESSER, 59 N.H. 375 (1879)
MESSER a. v. MESSER a. Supreme Court of New Hampshire Merrimack. Decided December, 1879. Real estate, purchased with partnership funds for the use of the partnership and used in the partnership business, is in equity regarded as assets of the partnership, and will be applied to the liquidation of partnership in preference to individual liabilities. […]
STATE v. JOSSELIN, 119 N.H. 936 (1979)
409 A.2d 1336 THE STATE OF NEW HAMPSHIRE v. WILLIAM JOSSELIN No. 79-146Supreme Court of New Hampshire Rockingham Decided December 28, 1979 1. Appeal and Error — Preservation of Questions — Specific Objections Procedural requirement of a contemporaneous objection and exception applies in all criminal or civil cases; thus, court will not review rulings excluding […]
HIRSCH v. COMPANY, 97 N.H. 480 (1952)
92 A.2d 402 ALBERT E. HIRSCH v. HIRSCH BROTHERS, INC. a. MALVENA HIRSCH a. v. SAME. No. 4145.Supreme Court of New Hampshire Hillsborough. Decided November 5, 1952. The fact that claimants for workmen’s compensation were directors, officers and stockholders of the employer did not preclude recovery by them as employees under the act (Laws 1947, […]
STATE v. REED, 114 N.H. 377 (1974)
321 A.2d 581 STATE OF NEW HAMPSHIRE v. RONALD R. REED No. 6328Supreme Court of New Hampshire Carroll Decided June 28, 1974 1. Evidence of a completed larceny within burglarized premises is not essential to establish the intent to commit a crime required by the statute defining the offense of burglary (Laws 1967, 190:1). 2. […]
CHARLTON v. BRUNELLE, 81 N.H. 13 (1923)
120 A. 726 WILSON L. CHARLTON v. ARSENE BRUNELLE. MAUD E. SIMPSON v. SAME. Supreme Court of New Hampshire Hillsborough. Decided April 3, 1923. A landlord is not liable to his tenant for the mere faulty condition of the leased premises, in the absence of express warranty or deceit. No action for deceit lies by […]
HARTWELL v. FIRE INS. CO., 60 N.H. 293 (1880)
HARTWELL v. THE PENN FIRE INS. CO. SAME v. THE ORIENT INS. CO. Supreme Court of New Hampshire Merrimack. Decided December, 1880. A common-law award, not impeachable when it is the subject of an action, cannot be impeached when it is the subject of a plea. ASSUMPSIT, upon two policies of fire insurance for $1,250 […]
STATE v. LOUGEE, 137 N.H. 635 (1993)
631 A.2d 922 THE STATE OF NEW HAMPSHIRE v. KEVIN LOUGEE No. 92-424Supreme Court of New Hampshire Hillsborough-northern judicial district Decided September 30, 1993 1. Highways — Motor Vehicles — Operating Under Influence Statute establishing penalties for driving under the influence requires proof of prior conviction, not as an element of the present charge, but […]
WHITCHER v. COUNTY, 67 N.H. 582 (1893)
39 A. 441 WHITCHER v. GRAFTON COUNTY. Supreme Court of New Hampshire Grafton. Decided December, 1893. A county convention may obligate the county to pay a sum expended without their authority in building a courthouse. PETITION, by the plaintiff, one of the building committee appointed by the county convention of 1889 to construct the courthouse […]
MORIER v. HINES, 81 N.H. 48 (1923)
123 A. 330 EVA MORIER v. WALKER D. HINES, Director-General. ADELARD MORIER v. SAME. Supreme Court of New Hampshire Hillsborough. Decided May 1, 1923. It is not the duty of a train engineer, when he observes a motor cycle approaching a highway crossing, to stop and allow it to pass, but the duty is upon […]
DOUGLAS v. RAILROAD, 72 N.H. 26 (1903)
54 A. 883 DOUGLASS v. CONCORD MONTREAL RAILROAD a. Supreme Court of New Hampshire Hillsborough. Decided February 3, 1903. The property right of non-assenting shareholders in railroad corporations which unite to form a new corporation, under chapter 5, Laws 1889, cannot be acquired by the new corporation without payment therefor. A mere failure to assent […]
ISABELLE v. LAUNDRY, 93 N.H. 264 (1945)
41 A.2d 241 LORRAINE ISABELLE v. CRYSTAL LAUNDRY, INC. ALPHONSINE ISABELLE v. SAME. No. 3485.Supreme Court of New Hampshire Hillsborough. Decided February 6, 1945. The master’s failure to provide suitable safeguards upon a machine defective in design and construction, and unsuitable for a servant operator who is justifiably ignorant of the dangers incident to its […]
WILLETT v. WILLETT, 116 N.H. 829 (1976)
367 A.2d 607 WAYNE F. WILLETT v. MARGARET T. WILLETT No. 7482Supreme Court of New Hampshire Cheshire Decided December 30, 1976 1. The superior court had jurisdiction under RSA 460:17 (Supp. 1975), :18-21 to award custody of children who were within the jurisdiction of the court to their father, who had been domiciled in this […]
BODWELL v. COMPANY, 70 N.H. 390 (1900)
47 A. 613 BODWELL v. NASHUA MANUFACTURING CO. Supreme Court of New Hampshire Hillsborough. Decided June, 1900. A servant who has full knowledge of a defect which the master has promised to repair cannot recover for injuries resulting therefrom, in the absence of evidence that such assurances induced him to continue in the employment. CASE, […]
STATE v. WAMALA, 158 N.H. 583 (2009)
THE STATE OF NEW HAMPSHIRE v. SEVERINE WAMALA. No. 2007-863.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: January 22, 2009. Opinion Issued: April 17, 2009. 1. Evidence — Particular Matters — Opening the Door Doctrine The opening the door doctrine comprises two doctrines, the curative admissibility and specific contradiction doctrines. The curative admissibility doctrine applies […]
OPINION OF THE JUSTICES, 98 N.H. 537 (1954)
104 A.2d 203 OPINION OF THE JUSTICES. No. 4325.Supreme Court of New Hampshire April 8, 1954. Where the opinion of the Justices was requested by the Senate upon a question not pending or awaiting consideration and action of that body in the course of its legislative duty the Justices deemed it their constitutional duty to […]
STATE v. SOUSA, 151 N.H. 297 (2004)
855 A.2d 1284 THE STATE OF NEW HAMPSHIRE v. CHRISTINE SOUSA. No. 2003-552.Supreme Court of New Hampshire Nashua District Court.Argued: June 17, 2004. Opinion Issued: August 26, 2004. 1. Search and Seizure — Generally — Investigative Stops To be constitutional, an investigatory stop must be supported by reasonable suspicion; because reasonable suspicion is a less […]
PARKER v. DORSEY, 68 N.H. 181 (1894)
38 A. 785 PARKER v. DORSEY. Supreme Court of New Hampshire Rockingham. Decided December, 1894. An award is sufficiently certain and final if it leaves nothing to be performed to carry it into effect but the ministerial acts of computation and measurement. ASSUMPSIT, on an award. Facts found by a referee. The parties, by an […]
BRITTON v. TOWN OF CHESTER, 134 N.H. 434 (1991)
595 A.2d 492 WAYNE BRITTON a. v. TOWN OF CHESTER No. 89-372Supreme Court of New Hampshire Rockingham Decided July 24, 1991 1. Courts — Masters — Review Findings and rulings of a master’s recommendation which has been approved by the trial court will be upheld unless they are unsupported by the evidence or erroneous as […]
KENTUCKY FRIED CHICKEN CORP. v. COLLECTRAMATIC, INC., 130 N.H. 680 (1988)
547 A.2d 245 KENTUCKY FRIED CHICKEN CORPORATION v. COLLECTRAMATIC, INC. No. 87-226Supreme Court of New Hampshire Rockingham Decided July 25, 1988 1. Conflict of Laws — Contracts Where parties to a contract select the law of a particular jurisdiction to govern their affairs, that choice will be honored if the contract bears any significant relationship […]
WOOLWORTH COMPANY v. BERLIN, 82 N.H. 153 (1925)
130 A. 741 F. W. WOOLWORTH COMPANY v. BERLIN a. Supreme Court of New Hampshire Coos. Decided October 6, 1925. At common law, and in the absence of a different agreement by the parties to the lease, the estate of a tenant is not terminated by a partial taking of the leased property. A provision […]
BROWN v. SPAULDING, 63 N.H. 622 (1885)
7 A. 381 BROWN v. SPAULDING. Supreme Court of New Hampshire Merrimack. Decided December, 1885. CASE, for crim. con. Facts found by the court. Davis Paige and F. H. Gould, for the plaintiff. Albin Martin, for the defendant. DOE, C.J. It does not appear that the plaintiff’s original cause of action was extinguished by hi […]
CITY OF BERLIN v. STATE, 124 N.H. 627 (1984)
474 A.2d 1025 CITY OF BERLIN v. THE STATE OF NEW HAMPSHIRE a. ANDERSON-NICHOLS COMPANY, INC. v. THE STATE OF NEW HAMPSHIRE a. No. 83-161 No. 83-182Supreme Court of New Hampshire Coos Merrimack Decided April 2, 1984 1. Appeal and Error — Dismissal of Complaint — Standards for Review In evaluating the propriety of the […]
ALLEN v. STATE, 147 N.H. 243 (2001)
785 A.2d 901 GORDON ALLEN a. v. THE STATE OF NEW HAMPSHIRE No. 2000-435Supreme Court of New Hampshire Hillsborough-southern judicial district Decided November 26, 2001 1. Taxation — Generally — Tax Districts Petitioner’s argument that cooperative school districts are taxing districts because all of the school tax monies collected in the cooperative school district are […]
IN RE ROSE ESTATE, 95 N.H. 208 (1948)
60 A.2d 116 IN RE FRANK T. ROSE ESTATE. No. 3748.Supreme Court of New Hampshire Grafton Probate Court. Decided July 6, 1948. R.L.c. 327, s. 1, providing that every policy of life insurance payable to a married woman shall enure to her separate use, is an exemption statute and not a distribution statute. Where a […]
STATE v. WHITNEY, 125 N.H. 636 (1984)
484 A.2d 1158 THE STATE OF NEW HAMPSHIRE v. NORMAN WHITNEY No. 84-034Supreme Court of New Hampshire Cheshire Decided October 26, 1984 1. Evidence — Past Offenses — Admissibility Evidence of a defendant’s prior convictions is not admissible in the prosecution’s case-in-chief to prove the character of the accused or his disposition to commit the […]
SOLOMONS v. CHESLEY, 57 N.H. 163 (1876)
SOLOMONS v. CHESLEY. Supreme Court of New Hampshire FROM ROCKINGHAM CIRCUIT COURT. Decided August 10, 1876. Review -Issue joined — Similiter. The defendant filed the general issue, but the plaintiff neglected to add the similiter. The defendant at a subsequent term was defaulted, and judgment was rendered against him. He afterwards brought the action forward […]
CHICOPEE MFG. CO. v. MANCHESTER, 97 N.H. 109 (1951)
81 A.2d 837 CHICOPEE MANUFACTURING CORPORATION a. v. MANCHESTER BOARD OF WATER COMMISSIONERS. No. 4043.Supreme Court of New Hampshire Hillsborough. Decided July 2, 1951. Where the charges made by a municipal water works are not regulated by statute, the reasonableness of the charges is subject to judicial review. Revenue derived by a municipal water works […]
BICKFORD v. DANE, 58 N.H. 185 (1877)
BICKFORD v. DANE. Supreme Court of New Hampshire Hillsborough. Decided August 1877. In an action of assumpsit against a married woman, evidence that the plaintiff furnished materials and labor on the defendant’s house, held by her in her own right, at the request of her husband, with no request on her part, but with her […]
OPINION OF THE JUSTICES, 115 N.H. 159 (1975)
335 A.2d 642 OPINION OF THE JUSTICES No. 7151Supreme Court of New Hampshire Request of House of Representatives Decided March 31, 1975 1. The legislature has the power to name a commissioner of health and welfare or to delegate the appointing power to either the Governor and Council or advisory commission or to both under […]
PEERLESS CASUALTY CO. v. HOWARD, 77 N.H. 355 (1914)
92 A. 165 PEERLESS CASUALTY CO. v. EDELBERT M. HOWARD a. Supreme Court of New Hampshire Merrimack. Decided October 6, 1914. Where the sureties on a collecting agent’s bond have no knowledge of the principal’s prior employment by the obligee, they cannot evade liability after default on the ground of an implied representation of honesty […]
TWOMBLY v. LORD, 74 N.H. 211 (1907)
66 A. 486 TWOMBLY v. LORD. Supreme Court of New Hampshire Strafford. Decided April 2, 1907. The exclusion of competent and material evidence under a plain mistake of fact furnishes sufficient cause for setting aside a verdict. TRESPASS quare clausum et de bonis. Trial by jury and verdict for the plaintiff. Transferred from the September […]
DUVAL v. WIGGIN, 124 N.H. 550 (1984)
474 A.2d 1002 SUZANNE A. DUVAL v. JOYCE G. WIGGIN No. 82-494Supreme Court of New Hampshire Merrimack Decided February 29, 1984 1. Judgments — Judgment Notwithstanding the Verdict — Tests A party’s motion for judgment notwithstanding the verdict should be granted only when all of the evidence viewed most favorably to the opponent so overwhelmingly […]
HAWES v. CHASE, 84 N.H. 170 (1929)
147 A. 748 EUGENE G. HAWES Adm’r, v. EDWARD M. CHASE. Supreme Court of New Hampshire Hillsborough. Decided November 5, 1929. The furnishing of lights by the landlord for hallways used in common by the tenants of a building and retained in the landlord’s control is a service which he is not required to render […]