158 A. 817 ELLA GREENIE v. NASHUA BUICK COMPANY. Supreme Court of New Hampshire Hillsborough. Decided January 5, 1932. One who authorizes his servant to instruct other persons how to drive a motor vehicle is liable for the servant’s negligence in failing to control the movements of the car so as to avoid harm to […]
Category: New Hampshire Court Opinions
IN RE P. CHILDREN, 149 N.H. 129 (2003)
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 […]
McINTYRE v. McINTYRE, 86 N.H. 479 (1934)
171 A. 329 JOHN McINTYRE v. MARTIN J. McINTYRE. Supreme Court of New Hampshire Hillsborough. Decided February 6, 1934. A master is not liable for injuries received by his servant, a plasterer, due to the fall of short planks lying loosely on a scaffold where the master had supplied a sufficient quantity of suitable planks […]
NADEAU v. SAWYER, 73 N.H. 70 (1904)
59 A. 369 NADEAU v. SAWYER. Supreme Court of New Hampshire Rockingham. Decided November 1, 1904. In an action for injuries sustained while driving upon a public highway, evidence that the plaintiff disregarded the law of the road is competent upon the question of his care; and if such evidence has been adduced, a recital […]
BELIS v. BELIS, 84 N.H. 541 (1931)
152 A. 917 SULTANA BELIS v. ERAKLIS BELIS a. Supreme Court of New Hampshire Hillsborough. Decided January 6, 1931. A secret trust between husband and wife respecting real estate the title to which was taken in his name and the consideration therefor paid in part by him and in part by her under an agreement […]
BESSE v. RAILROAD, 77 N.H. 605 (1915)
94 A. 965 HARLAN F. BESSE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided June 26, 1915. CASE, for negligence. Trial by jury and verdict for the defendant. Transferred from the October term, 1914, of the superior court by Kivel, J., on the plaintiff’s exception to the exclusion of evidence. There was […]
ROLLINS v. RICE, 59 N.H. 493 (1880)
ROLLINS, Adm’r de bonis non of Arabella Rice, v. RICE a. Supreme Court of New Hampshire Rockingham. Decided June, 1880. Where a will expressly authorizes a sale of land mentioned therein to be made by any person legally qualified to administer the estate, it is not necessary that a license for such sale be obtained […]
MARGATE MOTEL, INC. v. TOWN OF GILFORD, 130 N.H. 91 (1987)
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 […]
APPEAL OF MEUNIER, 147 N.H. 546 (2002)
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 […]
MOFFIE v. SLAWSBY, 77 N.H. 555 (1915)
94 A. 193 JOSEPH MOFFIE v. ABRAHAM B. SLAWSBY. Supreme Court of New Hampshire Hillsborough. Decided May 4, 1915. The three-fold penalty for usury is not recoverable in a private action brought by a person aggrieved. Where the purchaser of a promissory note has notice that it includes a sum agreed to be paid as […]
BERNIER v. DEMERS, 121 N.H. 217 (1981)
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 […]
GOVE v. CROSBY, 98 N.H. 469 (1954)
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 […]
PETITION OF FARMINGTON TEACHERS ASSOC., 158 N.H. 453 (2009)
PETITION OF FARMINGTON TEACHERS ASSOCIATION, NEA-NEW HAMPSHIRE (New Hampshire Retirement System) No. 2007-779.Supreme Court of New Hampshire. Original.Argued: January 14, 2009. Opinion Issued: April 3, 2009. 1. Public Employees — Retirement System — Computation of Benefits A benefit that each eligible retiree under the New Hampshire Retirement System receives is a fixed annual “retirement allowance,” […]
STATE v. ROBINSON, 117 N.H. 496 (1977)
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 […]
BOARD OF FIRE ENGINEERS v. BOARD OF SELECTMEN, 120 N.H. 65 (1980)
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 […]
MARYLAND CAS. CO. v. WAUMBEC MILLS, 102 N.H. 200 (1959)
152 A.2d 619 MARYLAND CASUALTY COMPANY v. WAUMBEC MILLS, INC. a. No. 4705.Supreme Court of New Hampshire Hillsborough.Argued April 7, 1959. Decided July 10, 1959. 1. The ruling by the Trial Court that a petition for declaratory judgment by a liability insurer, to determine the extent of coverage afforded its insured, should be heard in […]
OPINION OF THE JUSTICES, 140 N.H. 22 (1995)
662 A.2d 294 OPINION OF THE JUSTICES (Certain Evidence in Sexual Assault Cases) No. 95-273Supreme Court of New Hampshire Request of the Senate Decided July 19, 1995 1. Evidence — Prior Acts and Proceedings — Rape Cases Amendment to rape shield statute, RSA 632-A:6, III-a, as proposed by HB 301, may be construed as legislative […]
STATE v. RAILROAD, 76 N.H. 146 (1911)
80 A. 858 STATE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided June 6, 1911. The provision that rates for fares and freights shall not be increased on any railroads united under chapter 5, Laws 1889, applies to all consolidations effected thereunder, whether by lease, by union, or by purchase. The act […]
SCHOOL-DISTRICT v. CARR, 63 N.H. 201 (1884)
SCHOOL-DISTRICT v. CARR a. Supreme Court of New Hampshire Grafton. Decided June, 1884. It is not the duty or right of selectmen to inquire into the legality of the vote of a school-district to raise money; but when such vote is certified to them by the district clerk, they should assess the tax, and a […]
STATE v. NELSON, 161 N.H. 58 (2010)
THE STATE OF NEW HAMPSHIRE v. GERALD NELSON. No. 2009-641.Supreme Court of New Hampshire. Rockingham.Argued: September 8, 2010. Opinion Issued: October 27, 2010. 1. Criminal Law — Extradition — Detainers The denial of a defendant’s motion to dismiss an indictment under the Interstate Agreement on Detainers (IAD) presents a question of law, which is reviewed […]
GOWEN v. BROTHERS, 121 N.H. 377 (1981)
430 A.2d 159 GERALD T. GOWEN a. v. MONA B. BROTHERS No. 80-008Supreme Court of New Hampshire Strafford Decided May 11, 1981 1. Trial — Questions of Fact — Causation The law in New Hampshire is that causation is an issue of fact. 2. Trial — Questions for Jury — Withdrawal From Jury The trial […]
APPEAL OF UNION TELEPHONE COMPANY, 160 N.H. 309 (2010)
APPEAL OF UNION TELEPHONE COMPANY d/b/a UNION COMMUNICATIONS (New Hampshire Public Utilities Commission). Nos. 2009-168, 2009-432.Supreme Court of New Hampshire. Public Utilities Commission.Argued: January 20, 2010. Opinion Issued: May 20, 2010. 1. Administrative Law — Judicial Review —Standing To have standing to appeal an administrative agency decision, a party must demonstrate that its rights may […]
IN RE DAN’S CITY AUTO BODY, 158 N.H. 28 (2008)
APPEAL OF DAN’S CITY AUTO BODY (New Hampshire Department of Labor). No. 2008-111.Supreme Court of New Hampshire. Department of Labor.Argued: September 16, 2008. Opinion Issued: October 31, 2008. 1. Labor — Compensation — Proceedings The Penalty Appeals Board (PAB) is not bound by the rules of evidence; the absence of such evidentiary rules, however, does […]
IN RE FARRELL, 142 N.H. 424 (1997)
702 A.2d 809 IN RE JASON FARRELL No. 97-036Supreme Court of New Hampshire Merrimack Decided November 14, 1997 1. Minors — Prosecution as an Adult — Review The decision to transfer a juvenile to superior court for adult prosecution falls within the district court’s sound discretion. Thus, review on appeal is limited to whether the […]
STATE v. GORMAN, 58 N.H. 77 (1877)
STATE v. GORMAN. Supreme Court of New Hampshire Strafford. Decided March, 1877. Evidence tending to show that the defendant kept ale for sale in his house at a certain time, is competent on the question whether spirituous liquor, which he kept there at the same time, was kept for sale. Page 78 INDICTMENT, for keeping […]
CALDERWOOD v. CALDERWOOD, 115 N.H. 550 (1975)
345 A.2d 166 WALTER A. CALDERWOOD v. DOROTHY A. CALDERWOOD No. 7271Supreme Court of New Hampshire Strafford Decided September 30, 1975 1. Order requiring plaintiff to post security for any extension of order for defendant’s support was a condition of order for dismissal of defendant’s motion for discovery of plaintiff’s assets and not of order […]
ROUTHIER v. ROUTHIER, 128 N.H. 439 (1986)
514 A.2d 825 JEANNETTE C. ROUTHIER v. ROLAND A. ROUTHIER No. 85-179Supreme Court of New Hampshire Rockingham Decided August 12, 1986 1. Divorce — Grounds — Injuring Health or Endangering Reason Divorce for injuring health or endangering reason does not require proof that the defendant’s conduct would have affected an average or reasonable person, but […]
IN RE JOHN M. AND DAVID C., 122 N.H. 1120 (1982)
454 A.2d 887 In re JOHN M. AND DAVID C. In re RONALD R. CITY OF LACONIA v. LACONIA DISTRICT COURT a. No. 81-359 No. 81-404 No. 82-040Supreme Court of New Hampshire Keene District Court Concord District Court Belknap Decided December 29, 1982 1. Infants — Delinquency Proceedings — Placement The language of the statutory […]
BOUCHARD v. KLEPACKI, 116 N.H. 257 (1976)
357 A.2d 463 PATRICIA BOUCHARD a. v. MARK KLEPACKI No. 7332Supreme Court of New Hampshire Hillsborough Decided April 30, 1976 1. The supreme court considered the single issue raised by the trial court’s ruling denying the plaintiff’s motion for substituted service by publication under the long-arm statute (RSA 510:4 II (Supp. 1975)), even though no […]
HASELTINE v. RAILROAD, 64 N.H. 545 (1888)
15 A. 143 HASELTINE v. CONCORD RAILROAD. Supreme Court of New Hampshire Merrimack. Decided June, 1888. A railroad corporation is liable, under the statute, for the destruction by fire from a locomotive, of wood, coal, etc., deposited on land adjoining their line, and there used by a dealer as his stock in trade. Where it […]
PITMAN v. MERRIMAN, 79 N.H. 492 (1920)
111 A. 751 WILLIAM PITMAN, Adm’r, v. HELEN B. MERRIMAN. Supreme Court of New Hampshire Carroll. Decided November 3, 1920. A master is liable for injury inflicted upon a trespasser or licensee by the negligent failure of a servant, acting within the scope of his employment, to prevent the injury after discovering the danger. The […]
STATE v. HORAN, 115 N.H. 35 (1975)
332 A.2d 175 STATE OF NEW HAMPSHIRE v. JULIA ANNE HORAN No. 6983Supreme Court of New Hampshire Hillsborough Decided January 31, 1975 1. Complaint charging defendant with knowingly remaining in the presence of a controlled drug in violation of RSA 318-B:26 II (b) failed to allege illegal conduct under that statutory subsection or under subsection […]
JOHNSON v. JOHNSON, 107 N.H. 30 (1966)
216 A.2d 781 LOUISE JOHNSON v. ERIC H. JOHNSON. No. 5386.Supreme Court of New Hampshire Rockingham.Argued September 10, 1965. Decided January 31, 1966. 1. In an action in this state between spouses domiciled in another state arising out of a motor vehicle collision occurring here the domicile of the spouses is the controlling contact for […]
STATE v. SHIPPEE, 115 N.H. 694 (1975)
349 A.2d 587 STATE OF NEW HAMPSHIRE v. YVONNE E. SHIPPEE No. 6714Supreme Court of New Hampshire Belknap Decided December 31, 1975 1. Circumstantial evidence can support a finding of guilt beyond a reasonable doubt. 2. Trier of fact may draw reasonable inferences from facts proved and from facts found as a result of other […]
DOUGLAS v. CONNOR, 108 N.H. 443 (1968)
237 A.2d 686 LAWRENCE M. DOUGLAS v. JAMES H. CONNOR. No. 5628.Supreme Court of New Hampshire Rockingham.Argued December 5, 1967. Decided January 30, 1968. 1. In an action to recover for the negligent failure of a contractor to install a check valve in the sewer line causing a back-up of sewage into the plaintiff’s home, […]
STATE v. MOCCIA, 120 N.H. 298 (1980)
414 A.2d 1275 THE STATE OF NEW HAMPSHIRE v. NICHOLAS MOCCIA a. No. 79-218Supreme Court of New Hampshire Rockingham Decided May 5, 1980 1. Bail and Recognizance — Pending Appeal Bail bondsman’s obligation upon bond is a continuing one; unless bondsman either issues new bond during pendency of appeal or seeks permission of court to […]
STATE v. WHITE, 113 N.H. 663 (1973)
312 A.2d 711 STATE OF NEW HAMPSHIRE v. ARCHIE C. WHITE AND IONA F. WHITE No. 6703Supreme Court of New Hampshire Grafton Decided November 30, 1973 1. Although the case was rendered moot by an agreement of the parties for the taking of land under RSA ch. 498-A (Supp. 1972) and by on-going construction of […]
TRULL v. TOWN OF CONWAY, 140 N.H. 579 (1995)
669 A.2d 807 DAVID TRULL a. v. TOWN OF CONWAY a. No. 94-869Supreme Court of New Hampshire Carroll Decided December 28, 1995 1. Municipal Law — Liability — Tort Liability Merely because town’s police officers travel and regulate traffic upon a State highway does not create a duty to warn the public of icy conditions […]
BISSONNETTE v. CORMIER, 100 N.H. 197 (1956)
122 A.2d 257 WILLIAM J. BISSONNETTE a. v. RALPH H. CORMIER a. No. 4474.Supreme Court of New Hampshire Hillsborough.Argued April 4, 1956. Decided April 27, 1956. Disbelief of testimony concerning certain facts does not furnish affirmative proof of contrary facts. In the absence of evidence of an ordinance or regulation controlling the manner of stopping […]
BEDFORD DEVELOPMENT CO. v. TOWN OF BEDFORD, 122 N.H. 187 (1982)
442 A.2d 590 BEDFORD DEVELOPMENT COMPANY v. TOWN OF BEDFORD No. 81-221Supreme Court of New Hampshire Hillsborough Decided March 5, 1982 1. Taxation — Appraisal and Assessment — Burden of Proof In seeking a tax abatement, the taxpayer has the burden of proving that he is paying more than his proportional share of taxes by […]
McLEAN v. PHOENIX ASSURANCE CO., 112 N.H. 146 (1972)
290 A.2d 873 ARTHUR D. McLEAN v. PHOENIX ASSURANCE COMPANY OF NEW YORK a. ST. PAUL INSURANCE COMPANIES v. ARTHUR D. McLEAN a. ARTHUR D. McLEAN v. DAVID C. HAGGERTY a. No. 6224.Supreme Court of New Hampshire Cheshire. Decided April 28, 1972. 1. The trial court properly found that mail delivered at the Nashua post […]
CORCORAN v. HARMON, 154 N.H. 411 (2006)
MICHAEL CORCORAN a. v. CRAIG W. HARMON. No. 2005-726.Supreme Court of New Hampshire Hillsborough-northern judicial district.Submitted: September 13, 2006. Opinion Issued: November 28, 2006. 1. Arbitration — Awards — Judicial Review Because the statute governing the jurisdiction of the court to confirm, modify, or vacate an award empowers the superior court to review decisions of […]
PLAISTOW BANK TRUST CO. v. WEBSTER, 121 N.H. 751 (1981)
433 A.2d 1332 PLAISTOW BANK TRUST COMPANY v. REGINALD WEBSTER a. No. 80-356Supreme Court of New Hampshire Rockingham Decided August 10, 1981 1. Constitutional Law — Right to Impartial Judge It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. N.H. CONST. pt. 1, […]
STATE v. COFSKE, 129 N.H. 133 (1987)
523 A.2d 102 THE STATE OF NEW HAMPSHIRE v. WAYNE COFSKE No. 86-092Supreme Court of New Hampshire Cheshire Decided March 5, 1987 1. Trial — Transcript — Prior Proceeding A transcript of a prior proceeding can be extremely valuable to a criminal defendant to impeach prosecution testimony; however, the right to such a transcript is […]
IN RE RODERICK JENKS, 158 N.H. 174 (2008)
APPEAL OF RODERICK JENKS (New Hampshire Compensation Appeals Board). No. 2007-817.Supreme Court of New Hampshire. Compensation Appeals Board.Argued: September 17, 2008. Opinion Issued: December 10, 2008. 1. Workers’ Compensation — Persons Within Act — Employment Relationship To establish a claim under the New Hampshire workers’ compensation act, it is necessary to prove that the injured […]
GUTTERSON v. MORSE, 58 N.H. 529 (1879)
GUTTERSON a. v. MORSE Tr. Supreme Court of New Hampshire Merrimack. Decided March, 1879. In foreign attachment, the trustee is chargeable for proceeds received by him from his sale of the defendant’s chattels which had been fraudulently and without consideration conveyed to him by the defendant. The trustee is not chargeable for the defendant’s chattels […]
CRAM v. CRAM, 63 N.H. 31 (1884)
CRAM v. CRAM a. Supreme Court of New Hampshire Rockingham. Decided June, 1884. A will, giving to the wife of the testator all his household furniture and the use for life of certain portions of the dwelling-house occupied by them, also the “use of a horse and carriage whenever she desires, and a liberal support […]
STRAIN v. CHANDLER, 88 N.H. 318 (1936)
188 A. 461 EVA W. STRAIN, Adm’x v. ARTHUR C. CHANDLER. Supreme Court of New Hampshire Grafton. Decided December 1, 1936. If by direction of an attaching creditor a sheriff innocently commits a tort by seizing specifically designated goods of a third party, the officer on compensating the latter is entitled to reimbursement from the […]
MARCOTTE v. COMPANY, 76 N.H. 507 (1912)
85 A. 284 MARCOTTE v. MAYNARD SHOE CO. Supreme Court of New Hampshire Sullivan. Decided November 6, 1912. In an action for negligence against employers, certain evidence deemed sufficient to warrant a finding that injury resulted to an inexperienced servant from dangers which were not obvious and the risk of which he did not assume, […]
BROOKS v. HOWARD, 55 N.H. 69 (1874)
BROOKS v. HOWARD. Supreme Court of New Hampshire Cheshire. Decided December 15, 1874. Chapter 215 of the General Statutes does not give a review in equity proceedings. IN EQUITY. An issue was framed and tried by the jury before SMITH, J. Verdict for the plaintiffs. The plaintiffs moved for a decree, according to the prayer […]
BRIGHAM v. MADDEN, 74 N.H. 7 (1906)
64 A. 723 BRIGHAM, Guardian, a. v. MADDEN, Guardian. Supreme Court of New Hampshire Cheshire. Decided July 2, 1906. A mortgagee of chattels cannot, without the mortgagor’s consent, apply the property in satisfaction of a claim against the mortgagor which is not included in the mortgage indebtedness. The guardian of an incompetent person may maintain […]
HARDY v. WADDELL, 58 N.H. 460 (1878)
HARDY v. WADDELL als. Supreme Court of New Hampshire Cheshire. Decided August, 1878. A., taking an overdue and paid note from B., who is not a party to it, is deemed to have taken it upon the credit of B., and subject to the defences which the signers could make against B., and cannot compel […]
IN RE ERIK M., 146 N.H. 508 (2001)
775 A.2d 491 IN RE ERIK M. No. 2000-459Supreme Court of New Hampshire Grafton Decided June 19, 2001 1. Minors — Prosecution as an Adult — Review Review of district court’s order granting petition to certify juvenile as an adult and transfer case to the superior court was limited to whether the court fairly considered […]
FRENCH v. FRENCH, 117 N.H. 696 (1977)
378 A.2d 1127 JOHN E. FRENCH v. RITA M. FRENCH No. 7591Supreme Court of New Hampshire Rockingham Decided September 30, 1977 1. Divorce — Property Settlement — Modification Where settlement between parties to divorce was incorporated in divorce decree which had special provisions as to real and other property rights distinct from provisions as to […]
APPEAL OF COASTAL MATERIALS CORP., 130 N.H. 98 (1987)
534 A.2d 398 APPEAL OF COASTAL MATERIALS CORPORATION (New Hampshire Department of Resources and Economic Development) No. 86-526Supreme Court of New Hampshire Department of Resources and Economic Development Decided November 9, 1987 1. Statutes — Construction and Application — Legislative Intent In determining legislative intent, inquiry begins with an examination of the statutory language. 2. […]
RAHN v. RAHN, 123 N.H. 222 (1983)
459 A.2d 268 JEANNETTE Y. RAHN v. JOHN A. RAHN No. 81-473Supreme Court of New Hampshire Rockingham Decided March 31, 1983 1. Divorce — Property Settlement — Generally Under the statute governing alimony and distribution of property, marital property is to be divided not by some magic formula but in a manner deemed “just” based […]
STATE v. DOE, 117 N.H. 562 (1977)
374 A.2d 1186 THE STATE OF NEW HAMPSHIRE v. JANE DOE No. 7693Supreme Court of New Hampshire Probate Court, Merrimack County Decided June 27, 1977 1. Infants — Abandonment Finding of abandonment is not precluded merely because initial separation of mother and child resulted from a court order against will of the mother; it is […]
SEGRE v. RING, 103 N.H. 278 (1961)
170 A.2d 265 CARMEN SEGRE a. v. DONALD A. RING a. No. 4918.Supreme Court of New Hampshire Rockingham.Argued April 5, 1961. Decided April 28, 1961. 1. Mandamus is an extraordinary remedy to be granted only where the plaintiff has a clear and apparent right to relief. 2. A municipality in entering into an agreement with […]
STATE v. GUY, 140 N.H. 453 (1995)
667 A.2d 1026 THE STATE OF NEW HAMPSHIRE v. DOUGLAS R. GUY, JR. No. 94-475Supreme Court of New Hampshire Hillsborough-southern judicial district Decided November 21, 1995 1. Criminal Law — Right to Appeal — Generally Where defendant was charged with a class A misdemeanor and on that basis was tried, convicted, and sentenced, defendant was […]
COTE v. LITAWA, 96 N.H. 174 (1950)
71 A.2d 792 LORRAINE COTE a. v. PETER F. LITAWA. No. 3882.Supreme Court of New Hampshire Hillsborough. March 7, 1950. The fact that a plaintiff’s injuries consist of fright and shock only followed by physical consequences but unaccompanied by physical impact does not preclude recovery if negligence and causation are established and a breach of […]
STATE v. JANVRIN, 122 N.H. 75 (1982)
441 A.2d 1144 THE STATE OF NEW HAMPSHIRE v. FRANK B. JANVRIN No. 81-049Supreme Court of New Hampshire Rockingham Decided February 12, 1982 1. Arson — Evidence Where defendant charged with class A felony arson was seen by two witnesses running out of a mobile home which was afire, getting into his truck and driving […]
STATE v. GIBSON, 146 N.H. 462 (2001)
773 A.2d 637 THE STATE OF NEW HAMPSHIRE v. JAMES GIBSON. No. 99-115Supreme Court of New Hampshire Grafton Decided June 1, 2001 1. Probation and Parole — Probation — Violation ofProbation Where a condition of his probation obliged defendant to respond truthfully to all inquiries from his probation officer, his failure to do so, particularly […]
BURNS v. ARTCRAFT PAINTING CO., 103 N.H. 118 (1960)
166 A.2d 699 EDWARD J. BURNS v. ARTCRAFT PAINTING CO. No. 4841.Supreme Court of New Hampshire Rockingham.Argued November 1, 1960. Decided December 27, 1960. 1. An agreement for judgment for the satisfaction of a trustee process lien which attached to the funds of the defendant more than four months before proceedings in bankruptcy were instituted […]
PARKS v. COMPANY, 94 N.H. 454 (1947)
55 A.2d 312 ALBERT E. PARKS v. EAMES REALTY COMPANY. No. 3678.Supreme Court of New Hampshire Grafton. Decided November 4, 1947. Equity will grant relief against forfeiture only where the party having the legal right avails himself thereof for the purposes of injustice or oppression. Specific performance of a contract justifiably terminated will not be […]
FARNUM v. BRISTOL-MYERS CO., 107 N.H. 165 (1966)
219 A.2d 277 BLANCHE O. FARNUM v. BRISTOL-MYERS COMPANY. No. 5425.Supreme Court of New Hampshire Merrimack.Argued January 4, 1966. Decided April 29, 1966. 1. A party is not required upon discovery to disclose records having no possible legitimate bearing on the issues of the case, or to be subjected to unjustified harassment or impertinent intrusion. […]
HOLTE v. RONDEAU, 103 N.H. 99 (1960)
166 A.2d 121 PAUL C. HOLTE a. v. GERARD P. RONDEAU a. No. 4860.Supreme Court of New Hampshire Merrimack.Argued November 1, 1960. Decided November 30, 1960. 1. The Militia act provision (RSA 110-A:77 I (supp)) that “any person injured in his person or property by the national guard shall have the right by petition brought […]
STATE v. GLIDDEN, 123 N.H. 126 (1983)
459 A.2d 1136 THE STATE OF NEW HAMPSHIRE v. RAYMOND E. GLIDDEN No. 82-010Supreme Court of New Hampshire Rockingham Decided March 24, 1983 1. Indictment and Information — Sufficiency — Specific Terms In the case of defendant indicted for being an accomplice to first-degree murder, where the indictment did not allege malice aforethought or premeditation […]
VERY v. RUSSELL, 65 N.H. 646 (1874)
23 A. 522 VERY v. RUSSELL. Supreme Court of New Hampshire Cheshire. Decided June, 1874. An express stipulation inserted in a mortgage of real estate, that the mortgagee may sell the premises on failure of performance of the condition by the mortgagor, is a valid grant of a power of sale; and a sale fairly […]
CAMIRE v. COMPANY, 79 N.H. 531 (1920)
111 A. 340 ZEPHERIN CAMIRE v. LACONIA CAR COMPANY. Supreme Court of New Hampshire Belknap. Decided June 1, 1920. CASE, under the common law, for negligent injury to an employee. At the close of the plaintiff’s evidence the defendant’s motion for nonsuit was granted, subject to exception. The facts are stated in the opinion. Transferred […]
STATE v. COTE, 104 N.H. 345 (1962)
186 A.2d 832 STATE by HELEN COTE, Complainant v. HENRY E. COTE. No. 5062.Supreme Court of New Hampshire Portsmouth Municipal Court.Argued November 7, 1962. Decided December 28, 1962. 1. The respondent who admitted that he was the father of illegitimate children begotten while living illicitly with a woman for nearly a decade whom he represented […]
TANGUAY v. BIATHROW, 2006-587 (N.H. 10-17-2007)
PHILIP J. TANGUAY a. v. BURTON H. BIATHROW a. No. 2006-587Supreme Court of New Hampshire GraftonArgued: May 10, 2007 Opinion Issued: October 17, 2007 Amended December 4, 2007 Decato Law Office, of Lebanon (John B. Loftus, III on the brief and orally), for the petitioners. Janson Koppenheffer, LLP, of Lebanon (William K. Koppenheffer on the […]
APPEAL OF PUBLIC SERV. CO. OF N.H., 125 N.H. 46 (1984)
480 A.2d 20 APPEAL OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE (New Hampshire Public Utilities Commission) No. 84-140Supreme Court of New Hampshire Public Utilities Commission Decided June 12, 1984 1. Statutes — Construction and Application — Legislative Intent In seeking the intent of the legislature, the supreme court will consider the language and the structure […]
APPEAL OF LINCOLN-WOODSTOCK COOP. SCH. DIST., 143 N.H. 598 (1999)
731 A.2d 992 APPEAL OF LINCOLN-WOODSTOCK COOPERATIVE SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board) No. 96-210Supreme Court of New Hampshire Public Employee Labor Relations Board Decided June 16, 1999 1. Labor — Labor Unions — Arbitrability of Disputes When a collective bargaining agreement (CBA) contains an arbitration clause, a presumption of arbitrability exists, […]
BERNARD v. RUSSELL, 103 N.H. 76 (1960)
164 A.2d 577 JOSEPH BERNARD v. THEODORE A. RUSSELL. No. 4873.Supreme Court of New Hampshire Strafford.Argued October 4, 1960. Decided October 28, 1960. 1. In an action by an aged pedestrian with physical disabilities for personal injuries sustained when struck by a motor vehicle while crossing a street a verdict for the defendant was sustained […]
STATE v. BAKER, 127 N.H. 801 (1986)
508 A.2d 1059 THE STATE OF NEW HAMPSHIRE v. RICHARD BAKER RICHARD BAKER v. RICHARD CAVANAUGH THE STATE OF NEW HAMPSHIRE v. RICHARD BAKER No. 84-080 No. 84-317 No. 85-051Supreme Court of New Hampshire Strafford Decided April 11, 1986 1. Sexual Assault — Rape Shield Law — Exception to Provisions Defendant’s request, during his trial […]
HART v. HART, 68 N.H. 478 (1896)
39 A. 430 HART v. HART. Supreme Court of New Hampshire Belknap. Decided June, 1896. To constitute extreme cruelty as a cause of divorce there must be, as matter of law, direct bodily injury, either actual or threatened and reasonably to be apprehended. LIBEL FOR DIVORCE, on the ground of extreme cruelty. Facts found by […]
MARTEL v. KNIGHT, 119 N.H. 190 (1979)
400 A.2d 478 JOHN T. MARTEL v. HAROLD KNIGHT, JAILER No. 78-281Supreme Court of New Hampshire Strafford Decided March 23, 1979 1. Extradition — Rendition Papers — Sufficiency In proceedings challenging the sufficiency of rendition papers, probable cause that a person has committed a crime in the demanding State and has violated probation may be […]
JUDGE OF PROBATE v. COMPANY, 94 N.H. 177 (1946)
49 A.2d 635 JUDGE OF PROBATE v. NATIONAL SURETY CORPORATION. No. 3597.Supreme Court of New Hampshire Cheshire. Decided November 6, 1946. A petition for declaratory judgment will not be entertained when the plaintiff has a plain, adequate and exclusive remedy at law. An action at law in accordance with the specific statutory provisions (R. L., […]
STATE v. FRENCH, 117 N.H. 785 (1977)
378 A.2d 1377 THE STATE OF NEW HAMPSHIRE v. LOUISE C. FRENCH No. 7762Supreme Court of New Hampshire Merrimack District Court Decided October 17, 1977 Motor Vehicles — License To Operate — Suspension Nonresident motor vehicle operator, who was driving while her operating privileges had been revoked in New Hampshire, but who was still in […]
OPINION OF THE JUSTICES, 88 N.H. 511 (1937)
192 A. 494 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided May 4, 1937. A pension is ordinarily a reward for service performed before the grant is made. A provision for the payment of conditional extra compensation for services to be rendered infuturo is not a pension within the prohibition of Const., Pt. […]
SIPOLA v. WINSHIP, 74 N.H. 240 (1907)
66 A. 962 SIPOLA v. WINSHIP. Supreme Court of New Hampshire Hillsborough. Decided May 7, 1907. One who has been induced to purchase real estate by fraudulent representations as to the extent and value of the land is not entitled to a rescission of the contract when that relief would be inequitable because of great […]
BUNKER v. COMPANY, 84 N.H. 84 (1929)
146 A. 529 CHARLES C. BUNKER v. GREAT FALLS MANUFACTURING Co. Supreme Court of New Hampshire Strafford. Decided June 4, 1929. Where compensation insufficient in amount has been paid to and receipted for by a workman under a mistaken belief induced by his employer that the disability was terminated, a petition may be maintained for […]
IN RE DOE, 123 N.H. 634 (1983)
465 A.2d 924 In re JOHN AND JANE DOE No. 82-014Supreme Court of New Hampshire Strafford County Probate Court Decided August 31, 1983 1. Parent and Child — Parental Rights — Termination Nothing in the legislative history of the statute providing for termination of parental rights on the basis of mental illness or in the […]
BROOKS v. GOODWIN, 70 N.H. 281 (1900)
47 A. 255 BROOKS a. v. GOODWIN. Supreme Court of New Hampshire Rockingham. Decided June, 1900. A bill in equity setting forth an agreement between heirs-at-law to join in the contest of a will, share the expenses incident thereto, and divide the proceeds thereof, and alleging the receipt by the defendant of an unknown amount […]
CITY OF LACONIA v. BECRAFT, 116 N.H. 786 (1976)
367 A.2d 580 CITY OF LACONIA v. HENRY W. BECRAFT a. No. 7402Supreme Court of New Hampshire Belknap Decided December 30, 1976 1. The decision of the trial court in the previous case between the parties, which was that the defendants’ building foundation did not interfere with the city’s highway easement over the premises, is […]
JENKINS v. PALMER, 72 N.H. 592 (1902)
58 A. 42 JENKINS v. PALMER a. Supreme Court of New Hampshire Rockingham. Decided December 4, 1902. In an action of trespass quare clausum, a plaintiff in possession of the locus in quo is entitled to judgment as against one who shows no superior right. TRESPASS quare clausum. Facts found by referees to whom were […]
STATE v. ELLSWORTH, 151 N.H. 152 (2004)
855 A.2d 474 THE STATE OF NEW HAMPSHIRE v. RICHARD ELLSWORTH. No. 2003-354.Supreme Court of New Hampshire Strafford.Argued: March 10, 2004. Opinion Issued: June 25, 2004. 1. Trial — Criminal Cases — Generally — Mistrial Mistrial is the proper remedy only if the evidence or comment complained of was not merely improper, but also so […]
ENFIELD v. COLBURN, 63 N.H. 218 (1884)
ENFIELD v. COLBURN. Supreme Court of New Hampshire Grafton. Decided June, 1884 A person against whom a false and fraudulent claim is made cannot recover of the claimant the expense which he incurs in investigating and detecting the attempted fraud. CASE. The declaration alleged that the defendant falsely and fraudulently made a claim upon the […]
EVANS v. WATKINS, 76 N.H. 433 (1912)
83 A. 915 EVANS v. WATKINS. Supreme Court of New Hampshire Rockingham. Decided June 4, 1912. The fact that a husband is in the possession and control of a farm purchased with his funds, but to which his wife has the legal title, warrants the inference that he occupies as tenant, in the absence of […]
STARR v. ESTEY, 69 N.H. 619 (1899)
45 A. 590 STARR v. ESTEY. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. The administrator of an insolvent debtor is entitled, as representative of the creditors, to property of the intestate attached as that of a partnership of which the debtor represented himself to be a member, but which had no existence in […]
CURTIS MFG. c. CO. v. COMPANY, 98 N.H. 48 (1953)
94 A.2d 550 CURTIS MANUFACTURING AND ASBESTOS COMPANY v. W. D. BATES CONSTRUCTION CO., INC. No. 4146.Supreme Court of New Hampshire Hillsborough. Decided February 3, 1953. An exception to the denial of a motion for a directed verdict raises the question of whether the evidence was sufficient to justify the verdict rendered. Where the defendant […]
OPINION OF THE JUSTICES, 104 N.H. 261 (1962)
183 A.2d 909 OPINION OF THE JUSTICES. No. 5084.Supreme Court of New Hampshire Request of Governor and Council.Submitted August 24, 1962. Answer returned August 29, 1962. 1. The fact that the chairman of the State Board of Education had been a member of a municipal business development corporation and was a stockholder, officer or attorney […]
DROP ANCHOR REALTY TRUST v. TOWN OF WINDHAM, 134 N.H. 81 (1991)
587 A.2d 1240 DROP ANCHOR REALTY TRUST v. TOWN OF WINDHAM a. No. 90-225Supreme Court of New Hampshire Rockingham Decided March 25, 1991 1. Judgments — Summary Judgment — Affidavits At proceedings to quiet title to property purchased at tax sale, trial court properly granted purchaser-plaintiff’s motion for summary judgment, where mortgagee-defendant failed to file […]
EASTMAN v. BANK, 58 N.H. 421 (1878)
EASTMAN a. v. SAVINGS BANK a. Supreme Court of New Hampshire Merrimack. Decided August, 1878. Whether a bill in equity is multifarious is generally a question of fact, to be determined upon a consideration of justice, convenience, and the circumstances of the particular case. A receiver may be appointed in any case, where it appears […]
CUNNINGHAM v. COMPANY, 74 N.H. 435 (1908)
69 A. 120 CUNNINGHAM v. C. R. PEASE HOUSE FURNISHING CO. Supreme Court of New Hampshire Hillsborough. Decided February 4, 1908. A tradesman who represents that stove polish sold by him may be safely used upon a hot stove is equally liable to the purchaser or to a member of his family, who is injured […]
PETITION OF GRAHAM, 106 N.H. 118 (1964)
206 A.2d 237 PETITION OF DANA L. GRAHAM. No. 5280.Supreme Court of New Hampshire Grafton.Argued November 4, 1964. Decided December 30, 1964. 1. Where a respondent was convicted in a municipal court of a motor vehicle violation after trial at which he was represented by counsel and took no appeal and a portion of the […]
JACOBS v. PRICE, 125 N.H. 196 (1984)
485 A.2d 282 STEPHEN N. JACOBS a. v. LLOYD M. PRICE, COMMISSIONER OF THE DEPARTMENT OF REVENUE ADMINISTRATION No. 83-424Supreme Court of New Hampshire Merrimack Decided July 3, 1984 1. Taxation — Business Profits Tax — Taxable Sales Decisions under the federal Internal Revenue Code are important in determining whether income received from the sale […]
APPEAL OF MERRIMACK COUNTY BOARD OF COMMISSIONERS, 142 N.H. 768 (1998)
709 A.2d 775 APPEAL OF MERRIMACK COUNTY BOARD OF COMMISSIONERS (New Hampshire Public Employee Labor Relations Board) No. 96-162Supreme Court of New Hampshire Public Employee Labor Relations Board Decided May 14, 1998 1. Labor — Practice and Procedure — Review of Labor Relations Board’s Decisions and Orders A decision of the public employee labor relations […]
STATE v. TIMMONS, 145 N.H. 149 (2000)
756 A.2d 999 STATE OF NEW HAMPSHIRE v. RICHARD TIMMONS STATE OF NEW HAMPSHIRE v. MELISSA NASON Nos. 98-517, 98-547Supreme Court of New Hampshire Cheshire Decided July 5, 2000 1. Criminal Law — Judgment and Sentence — Generally Trial court has broad discretion to assign different sentences, suspend sentence, or grant probation. 2. Criminal Law […]
LARREAULT v. STORES, 93 N.H. 375 (1945)
42 A.2d 288 CELIA LARREAULT v. FIRST NATIONAL STORES, INC. No. 3529.Supreme Court of New Hampshire Merrimack. Decided May 1, 1945. In an action for false imprisonment for the detention of the plaintiff without a warrant the defendant in order to avoid liability has the burden of justifying his act by showing that he had […]