Category: New Hampshire Court Opinions

608 A.2d 874 OPINION OF THE JUSTICES (Misdemeanor Trial De Novo) No. 92-202Supreme Court of New Hampshire Request of the Senate Decided May 6, 1992 1. Constitutional Law — Equal Protection — Classifications For purposes of equal protection analysis, rational relation review is appropriate where classification created by statute or bill does not affect a […]

465 A.2d 894 THE STATE OF NEW HAMPSHIRE v. JOSEPH TOTO No. 81-398Supreme Court of New Hampshire Strafford Decided August 31, 1983 1. Intoxicating Liquor — Protective Custody — Statutes Through the statute governing procedures for the treatment and services for “intoxicated” persons, the legislature has expressed its concern that police be permitted to conduct […]

740 A.2d 1037 THE STATE OF NEW HAMPSHIRE v. GUY HATT No. 97-700Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided October 25, 1999 1. Statutes — Maxims and Rules of Construction — Criminal Statutes Supreme court construes provisions of Criminal Code according to fair import of their terms and to promote justice. RSA 625:3. […]

722 A.2d 501 RED HILL OUTING CLUB v. ROBERT HAMMOND a. No. 97-312Supreme Court of New Hampshire Carroll Decided December 31, 1998 1. Deeds — Construction — Generally General rule in interpretation of deeds is to determine parties’ intent at time of conveyance in light of surroundings circumstances. 2. Deeds — Construction — Conditions Trial […]

517 A.2d 1158 THE STATE OF NEW HAMPSHIRE v. ROBERT LESCARD No. 85-313Supreme Court of New Hampshire Hillsborough Decided October 2, 1986 1. Constitutional Law — Self-Incrimination — Miranda Warning Implied consent law questioning is not “interrogation” which must be preceded by Miranda warnings; and voluntary admissions, comments, or explanations spoken in response to such […]

703 A.2d 1353 CLAREMONT SCHOOL DISTRICT a. v. GOVERNOR a. No. 97-001Supreme Court of New Hampshire Merrimack Decided December 17, 1997 1. Constitutional — Law equal Protection — Education The present system of financing elementary and secondary public education in New Hampshire is unconstitutional. The property tax levied to fund education is by virtue of […]

523 A.2d 82 THE STATE OF NEW HAMPSHIRE v. WILLIAM P. HEATH No. 86-299Supreme Court of New Hampshire Sullivan Decided December 31, 1986 1. Depositions and Discovery — Non-Party Witnesses — Discovery Depositions While deposition statute as amended prohibits the taking of discovery depositions in criminal cases of the victim and certain witnesses, when the […]

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 […]

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 […]

880 A.2d 432 THE STATE OF NEW HAMPSHIRE v. MICHELLE L. LAVOIE (BYRON). No. 2004-095.Supreme Court of New Hampshire Strafford.Argued: June 22, 2005. Opinion Issued: August 18, 2005. 1. Evidence — Particular Matters — Disclosure of Evidence forTrial Former rule requiring the State to provide defendant prior to trial copies of all “results or reports […]

362 A.2d 199 STATE OF NEW HAMPSHIRE v. DOUGLAS McPHAIL No. 7283Supreme Court of New Hampshire Belknap Decided July 30, 1976 1. The Criminal Code provides for the crime of “attempted capital murder” by stating in RSA 629:1 IV that the penalty for attempt is the same as that authorized for the crime attempted, except […]

254 A.2d 844 MARY HEALEY v. JOEL RICHMAN. No. 5777.Supreme Court of New Hampshire Hillsborough.Argued June 4, 1969. Decided June 30, 1969. 1. In bastardy proceedings in which an agreement of settlement was filed by the parties and approved by the Court, an exception to denial of a motion to rescind the agreement on the […]

95 A.2d 133 HAMPTON v. SEABROOK. No. 4158.Supreme Court of New Hampshire Rockingham. Decided March 3, 1953. In a petition under R. L., c. 69, s. 11 to determine the location of the boundary line between the towns of Hampton and Seabrook certain evidence justified the finding that such boundary line passes through a marked […]

675 A.2d 1217 JAMES A. MELLO v. GOUIN’S PLUMBING AND HEATING COMPANY, INC. No. 92-557Supreme Court of New Hampshire Belknap Decided November 10, 1993 1. Negligence — Defenses — Workers’ Compensation The dual capacity doctrine permits an employer, normally shielded from tort liability by the exclusive remedy principle, to become liable in tort to his […]

441 A.2d 1172 MICHAEL CHENEY v. CITY OF SOMERSWORTH a. No. 81-047Supreme Court of New Hampshire Strafford Decided February 19, 1982 1. Municipal Corporations — Police Officers — Dismissal Procedures On appeal from a determination of a police commission, the superior court must uphold the police commission’s orders unless they are shown to be illegal, […]

670 A.2d 1038 ARTHUR A. AND SHIRLEY E. GEISS v. CLAIRE B. BOURASSA a. No. 94-363Supreme Court of New Hampshire Cheshire Decided February 7, 1996 1. Zoning and Planning — Judicial Review — Discretion of Trial Court There was ample evidence in the record to support the trial court’s conclusion that defendants’ use of the […]

317 A.2d 18 STATE OF NEW HAMPSHIRE v. FRANCES BOOTON No. 6819Supreme Court of New Hampshire Original Decided February 28, 1974 1. Bail after conviction pending appeal in this State is a matter within the discretion of the trial court. 2. A trial court’s exercise of discretion will be overturned by the supreme court only […]

203 A.2d 645 NATIONAL GRANGE MUTUAL INSURANCE COMPANY v. PHILIP GERVAIS a. No. 5243.Supreme Court of New Hampshire Coos.Argued September 10, 1964. Decided October 6, 1964. 1. Where a motor vehicle liability policy issued to a garage owner furnished coverage for its vehicles provided that actual use thereof was by the named insured or with […]

845 A.2d 1239 SHERRY SWAIN v. EMPLOYERS MUTUAL CASUALTY COMPANY. No. 2003-245.Supreme Court of New Hampshire MerrimackArgued: November 5, 2003. Opinion Issued: February 20, 2004. 1. Insurance — Policies — Uninsured/Underinsured Motorists New Hampshire’s uninsured motorist statute is intended to allow policy holders to protect themselves against injury from an uninsured motorist to the extent […]

237 A.2d 692 KAY NOYES v. ROLAND M. NOYES. No. 5700.Supreme Court of New Hampshire Hillsborough.Argued December 5, 1967. Decided January 30, 1968. 1. The statute (RSA 458:31 (supp)) empowering the Superior Court to order the husband to make reasonable allowance for the support of the wife “if the wife for justifiable cause is actually […]

190 A.2d 418 IN RE JULIA PETERSON ESTATE. No. 5122.Supreme Court of New Hampshire Hillsborough Probate Court.Submitted April 3, 1963. Decided April 30, 1963. 1. Where both the executor and the probate court were in justifiable doubt as to the proper construction of a particular clause of a will and it was therefore impossible to […]

629 A.2d 83 THE STATE OF NEW HAMPSHIRE v. EDWARD WILLIAMS No. 92-101Supreme Court of New Hampshire Grafton Decided June 30, 1993 1. Trial — Jury Instructions — Objections Although requests for specific jury instructions must be submitted so as to allow trial court ample time to consider them and decide whether they should be […]

591 A.2d 1329 THE STATE OF NEW HAMPSHIRE v. RICHARD PATTEN No. 90-129Supreme Court of New Hampshire Rockingham Decided June 7, 1991 1. Criminal Law — Right To Appeal — Waiver When a defendant escapes from confinement and remains a fugitive from justice, he or she has forfeited the right to appellate review. 2. Criminal […]

761 A.2d 458 THE STATE OF NEW HAMPSHIRE v. NICHOLAS LEIPER No. 98-284Supreme Court of New Hampshire Belknap Decided August 31, 2000 Search and Seizure — Warrant Requirement; Execution — Particular Cases Premises-wide warrant included authority to search knapsack owned by defendant, a visitor, since defendant was neither wearing nor in possession of knapsack at […]

552 A.2d 89 MARK B. RICHARDSON v. RICHARD A. CHEVREFILS, individually and as Director of the Division of Welfare, a. No. 87-265Supreme Court of New Hampshire Merrimack Decided December 12, 1988 1. Public Employees — Civil Immunity — Discretionary Functions Doctrine of qualified immunity, a creature of federal law, provides an affirmative defense to a […]

348 A.2d 711 JAMES HARKEEM v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY, BENJAMIN C. ADAMS, COMMISSIONER, AND MILLER SHOE-DOVER, MELVILLE SHOE CORP. No. 7165Supreme Court of New Hampshire Hillsborough Decided November 28, 1975 1. The underlying purpose of the unemployment compensation statute is to insure against unemployment of individuals regularly attached to the labor market […]

156 A.2d 131 THERESA M. MORIN v. RICHARD M. LETOURNEAU. No. 4780.Supreme Court of New Hampshire Hillsborough.Argued November 3, 1959. Decided December 1, 1959. 1. Where there is a conflict between the law of the state of the forum where the parties are domiciled and that of the state where a tort occurs, the existence […]

291 A.2d 602 MAYNARD L. YOUNG, JR., a. v. JOHN F. PRENDIVILLE a. No. 6317.Supreme Court of New Hampshire Rockingham. Decided May 31, 1972. 1. Evidence of indefinite and occasional public use of a street within twenty years of its dedication to such use by the filing of a subdivision plan in the county registry […]

58 A.2d 754 THEODORE ALLEN a. v. NEWMARKET INDUSTRIAL ASSOCIATES, INC. a. No. 3730.Supreme Court of New Hampshire Rockingham. Decided May 4, 1948. A minority stockholder’s motive in instituting suit is no bar to a determination of his rights. Where a vote of the directors of a corporation to sell a portion of its property […]

174 A.2d 420 OPINION OF THE JUSTICES. No. 4990.Supreme Court of New Hampshire Request of Governor and Council.Submitted September 8, 1961. Answer returned September 22, 1961. 1. Under the Constitution, Pt. II, Art. 44, a legislative bill which has passed both houses of the Legislature and which is neither approved nor vetoed by the Governor […]

375 A.2d 595 ALFREDO BASTIANELLI a. v. TOCO INTERNATIONAL, INC. a. No. 7637Supreme Court of New Hampshire Rockingham Decided June 27, 1977 1. Appeal and Error — Preservation of Questions — Failure To Present Below In suit to set aside a conveyance to trustee of a realty trust as a fraud against creditors, since plaintiff […]

373 A.2d 647 OPINION OF THE JUSTICES No. 7786Supreme Court of New Hampshire Request of House of Representatives Decided May 19, 1977 1. States — Boundaries To extent that proposed 1977 legislation, which declared that lateral marine boundary between New Hampshire and Maine is or ought to be different from boundary as specified in a […]

557 A.2d 653 THE STATE OF NEW HAMPSHIRE v. HENRY DIONNE, JR. No. 88-267Supreme Court of New Hampshire Belknap Decided May 3, 1989 1. Parent and Child — Support — Governing Law In action brought against individual by the State to determine paternity, to recover the amount of public assistance paid for his child’s benefit, […]

480 A.2d 854 THE STATE OF NEW HAMPSHIRE v. CLARENCE ELBERT No. 82-389 No. 82-551Supreme Court of New Hampshire Hillsborough Decided May 4, 1984 1. Constitutional Law — Right to Counsel — Interrogations Once a defendant has invoked his right to counsel under the fifth amendment to the United States Constitution by declining to speak […]

415 A.2d 670 THE STATE OF NEW HAMPSHIRE v. ALFRED P. SCHULTE No. 79-091Supreme Court of New Hampshire Rockingham Decided May 12, 1980 1. Constitutional Law — Due Process — Prisoners There is no due process right to a hearing before being transferred from one penal facility to another, absent a right to confinement at […]

200 A.2d 856 STATE v. NATHAN E. WEBSTER. No. 5233.Supreme Court of New Hampshire Salem Municipal Court.Argued May 5, 1964. Decided June 2, 1964. 1. In indictments or complaints created by statute it is generally sufficient to describe the offense in the words of the statute but a complaint so drawn does not always meet […]

665 A.2d 1077 M.A. CROWLEY TRUCKING, INC. v. MICHAEL C. MOYERS, ADMINISTRATOR OF THE ESTATE OF MARTIN A. CROWLEY No. 90-619Supreme Court of New Hampshire Merrimack Decided September 19, 1995 1. Corporations — Officers and Agents — Compensation Evidence was sufficient for trial court to conclude that sums reflected in a “due from employees” account […]

363 A.2d 204 WALTER C. HARRISON AND DOROTHY L. HARRISON v. CHARLES H. WATSON STEENBEKE AND SONS, INC. v. WALTER C. HARRISON AND DOROTHY L. HARRISON No. 7361Supreme Court of New Hampshire Merrimack Decided August 31, 1976 1. Evidence sustained trial court’s finding and ruling that handwritten memorandum furnished by defendant as a “proposal” for […]

640 A.2d 276 PETER GRAY a. v. FIRST N.H. BANKS, formerly FIRST CENTRAL BANK a. No. 92-271Supreme Court of New Hampshire Belknap Decided March 15, 1994 1. Appeal and Error — Dismissal of Complaint — Standards for Review On appeal from dismissal of action at close of plaintiff’s case in jury-waived trial, court will not […]

582 A.2d 611 THE STATE OF NEW HAMPSHIRE v. AARON LEWIS, III No. 89-238Supreme Court of New Hampshire Strafford Decided November 15, 1990 1. Constitutional Law — Right To Represent Oneself — Access to Legal Materials In denying defendant’s pro se motion requesting personal access to a law library, superior court adequately protected defendant’s sixth […]

36 A.2d 268 SAMUEL AND NATHAN GOLDSTEIN, INC. v. E. PAUL GILMAN. No. 3454.Supreme Court of New Hampshire Rockingham. Decided February 1, 1944. Where the expiration date is stated in a lease and the lessee conveys her leasehold to the plaintiff, but subsequent thereto a court decrees the expiration date in the original lease to […]

81 A.2d 843 ALETEA E. SMITH v. PAUL A. BRETSCHNEIDER AND E.A. BRETT. No. 4048.Supreme Court of New Hampshire Grafton. Decided July 2, 1951. Where an agreement between an owner of real estate and a broker provides that if either party fails or neglects to perform his part of the contract he should forfeit a […]

202 A.2d 790 GILSUM v. MONADNOCK REGIONAL SCHOOL DISTRICT. No. 5218.Supreme Court of New Hampshire Cheshire.Argued April 8, 1964. Decided April 30, 1964. 1. Since the declared purpose of foundation aid is “to aid needy local school districts in meeting the cost of providing public . . . education” (RSA 198:9 (supp)) a town that […]

350 A.2d 623 GLENN W. BRICKER, M.D. v. SCEVA SPEARE MEMORIAL HOSPITAL No. 7143Supreme Court of New Hampshire Grafton Decided December 31, 1975 1. Plaintiff’s motion to vacate a judgment rendered in 1971 is in effect a motion for a new trial. 2. Although plaintiff’s allegations of fraud must be considered as true in disposing […]

490 A.2d 782 OPTRX LABORATORIES, INC. v. PAUL T. CAVANAUGH, O.D. No. 84-520Supreme Court of New Hampshire Cheshire Decided March 18, 1985 1. Judgments — Default — Conditional An order of conditional default is an order that an absolute default will be entered unless the defaulted party fulfills the terms of a stated condition by […]

441 A.2d 1185 GAVIN J. RUOTOLO a. v. BENJAMIN FRANKLIN CORPORATION No. 81-256Supreme Court of New Hampshire Belknap Carroll Decided February 19, 1982 1. Mortgages — Foreclosure — Injunction The superior court has equitable powers, under the statute giving it jurisdiction in equity matters, to enjoin a mortgage foreclosure if the equities of the situation […]

354 A.2d 137 DOLORES L. LEEPER v. DURWARD D. LEEPER, JR., a. STRAFFORD SAVINGS BANK v. DURWARD D. LEEPER, JR., a. No. 7303Supreme Court of New Hampshire Strafford Decided February 27, 1976 1. The principle underlying forum non conveniens is that a court will not exercise its jurisdiction if it is a seriously inappropriate forum […]

517 A.2d 823 GOODWIN RAILROAD, INC. v. THE STATE OF NEW HAMPSHIRE AND THE NEW HAMPSHIRE TRANSPORTATION AUTHORITY No. 85-056Supreme Court of New Hampshire Merrimack Decided October 3, 1986 1. Estoppel — Generally Estoppel rests largely on the facts and circumstances of the particular case, and the existence of estoppel is a finding of fact […]

861 A.2d 800 NATHANIEL S. THAYER v. TOWN OF TILTON. No. 2003-421.Supreme Court of New Hampshire Belknap.Argued: May 19, 2004. Opinion Issued: November 30, 2004. 1. Laches — Generally — Definitions Laches is an equitable doctrine that bars litigation when a potential plaintiff has slept on his rights. 2. Laches — Elements — Generally Four […]

309 A.2d 215 OPINION OF THE JUSTICES No. 6722Supreme Court of New Hampshire Request of Governor and Council Decided September 7, 1973 1. A member of the State board of education is disqualified from classroom teaching for a private, post-secondary educational institution by RSA 186:1, whose specific language, origin, and legislative history show a legislative […]

164 A.2d 568 MANCHESTER FEDERAL SAVINGS LOAN ASSOCIATION v. URBAIN LETENDRE a. No. 4862.Supreme Court of New Hampshire Hillsborough.Argued October 4, 1960. Decided October 28, 1960. 1. A direction to a sheriff in a writ of attachment which distinctly expressed a purpose to secure a mechanic’s lien in accordance with RSA 447:10 and conformed to […]

27 A.2d 94 STATE v. NOAH RICHARDSON SAME v. SAME. No. 3335.Supreme Court of New Hampshire Rockingham. Decided June 24, 1942. P. L., c. 118, ss. 39, 40 (now R. L., c. 137, ss. 39, 40) do not apply to the engagement of children to sell only religious magazines when the service is for a […]

338 A.2d 546 INDIAN HEAD NATIONAL BANK OF DERRY v. EDWIN C. SIMONSEN AGNES SIMONSEN JOAN D. SIMONSEN No. 7085Supreme Court of New Hampshire Rockingham Decided May 30, 1975 1. Res judicata bars relitigation of issues between parties in interest, absent some extenuating circumstance. 2. The issues of ownership of a savings account and of […]

727 A.2d 985 MORGAN’S CASE No. LD-97-012Supreme Court of New Hampshire Original Decided April 8, 1999 1. Attorneys — Reprimand, Suspension and Disbarment —Particular Cases Although attorney committed serious infractions of rules regulating the handling of client funds, his lack of dishonest motivation, acceptance of responsibility for his actions, and good faith efforts to prevent […]

327 A.2d 721 HAROLD A. WOLFE AND GERTRUDE E. WOLFE v. TOWN OF WINDHAM No. 6939Supreme Court of New Hampshire Rockingham Decided October 31, 1974 1. An owner of property abutting a public road cannot recover damages for the discontinuance of the road if he has an alternative means of access to his property. 2. […]

816 A.2d 982 IN RE P. CHILDREN No. 2001-587Supreme Court of New Hampshire RockinghamArgued November 7, 2002Submitted December 16, 2002 Opinion Issued February 14, 2003 1. Minors — Generally — Neglected and Abandoned Children Trial court’s determination of neglect was proper based on its finding of the pervasiveness of drugs within the mother’s household, the […]

534 A.2d 717 MARGATE MOTEL, INC. v. TOWN OF GILFORD a. No. 86-488Supreme Court of New Hampshire Belknap Decided November 9, 1987 1. Zoning — Appeals From Zoning Board — Standard of Superior Court Review Judicial review of the decisions of a zoning board is limited; the board’s findings of fact are deemed prima facie […]

794 A.2d 776 APPEAL OF BERNHARDINE MEUNIER (New Hampshire Board of Tax and Land Appeals) No. 99-746Supreme Court of New Hampshire Board of Tax and Land AppealsArgued: January 3, 2002 Opinion Issued: April 12, 2002 1. Taxation — Judicial and Administrative Proceedings —Taxpayer Suits Amendment of statute pertaining to disagreements between selectmen of adjoining towns […]

427 A.2d 514 DAVID BERNIER v. GARY DEMERS No. 80-227Supreme Court of New Hampshire Strafford Decided March 16, 1981 1. Trial — Instructions — Misleading Jury Test for determining whether an erroneous civil jury charge is reversible error is whether the jury could have been misled. 2. Trial — Instructions — Misleading Jury In comparative […]

102 A.2d 905 GROVER C. GOVE v. R. WAYNE CROSBY, Adm’r d.b.n., a. No. 4267.Supreme Court of New Hampshire Hillsborough.Argued January 6, 1954. Decided February 18, 1954. A finding that the decedent was “living apart” from the survivor, within the meaning of the statute (R. L., c. 359, s. 19) which disentitles a spouse guilty […]

374 A.2d 953 THE STATE OF NEW HAMPSHIRE v. STEPHEN J. ROBINSON No. 7547Supreme Court of New Hampshire Strafford Decided June 7, 1977 Criminal Law — Habitual Offenders — Validity of Prior Convictions Where defendant alleged, and state conceded merits of those allegations, that he was not represented by counsel, or aware of his right […]

410 A.2d 1128 BOARD OF FIRE ENGINEERS TOWN OF NEWINGTON v. BOARD OF SELECTMEN a. TOWN OF NEWINGTON No. 79-249Supreme Court of New Hampshire Rockingham Decided January 31, 1980 1. Towns — Powers of Selectmen — Disciplinary Action Board of selectmen, not board of fire engineers, was the proper body to impose disciplinary suspension upon […]