Category: New Hampshire Court Opinions

333 A.2d 456 FANNY D. SWEETNAM v. PAUL S. SWEETNAM No. 7016Supreme Court of New Hampshire Rockingham Decided February 28, 1975 1. No presumption of a gift from wife to husband arises from their taking title to real estate as joint tenants through purchase with funds from wife’s separate estate. 2. Evidence established that wife […]

678 A.2d 138 CLINT J. ELLSWORTH v. WENDY HEATH No 95-731Supreme Court of New Hampshire Merrimack County Probate Court Decided May 8, 1996 1. Courts — Probate Jurisdiction — Generally The probate court does not have jurisdiction to award custody of a minor child between the unwed parents of the child absent issues of guardianship. […]

665 A.2d 1088 APPEAL OF TOWN OF NEWMARKET (New Hampshire Board of Tax and Land Appeals) No. 94-128Supreme Court of New Hampshire Board of Tax and Land Appeals Decided October 6, 1995 1. Taxation — Assessment of Real Property Taxes — Statutory and Regulatory Requirements To address the mischief created by the board of tax […]

291 A.2d 600 IN RE UNIFIED NEW HAMPSHIRE BAR. No. 6364.Supreme Court of New Hampshire Original. Decided June 8, 1972. 1. The New Hampshire Bar Association having prospered and grown in stature under the supreme court’s December 1968 temporary unification order, the supreme court ordered the bar association to continue as a unified bar without […]

480 A.2d 80 THE STATE OF NEW HAMPSHIRE v. DONALD E. STEELE, JR. No. 83-352Supreme Court of New Hampshire Merrimack Decided July 3, 1984 Trial — Mistrial — Particular Cases In prosecution for misdemeanor theft, where the complaint alleged that the defendant had stolen two silver baby cups, and where during the trial, the investigating […]

157 A.2d 765 TRAVELERS INDEMNITY COMPANY v. NEW ENGLAND BOX COMPANY a. No. 4750.Supreme Court of New Hampshire Carroll.Argued December 1, 1959. Decided January 27, 1960. 1. In declaratory judgment proceedings by an insurer seeking a determination of the extent of its liability under a comprehensive general liability policy, for damages occasioned to various property […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

84 A.2d 173 IN RE MARGARET A. HARRINGTON ESTATE. No. 4060.Supreme Court of New Hampshire Hillsborough Probate Court. Decided November 6, 1951. The probate court charged with the settlement and final distribution of the estates of deceased persons may certify to the Supreme Court, under the provisions of Laws 1947, c. 90, questions of law […]

85 A.2d 377 MADELINE KOTARBA v. ANDREW KOTARBA. No. 4079.Supreme Court of New Hampshire Hillsborough. Decided January 2, 1952. The question of whether the allegations of fact as stated in a libel are sufficiently definite and specific should be raised by motion of the libelee, preferably before joining issue, requesting that the libelant’s allegations be […]

689 A.2d 678 APPEAL OF PAUL E. ZIMMERMAN (New Hampshire Public Utilities Commission) No. 95-420Supreme Court of New Hampshire Public Utilities Commission Decided January 31, 1997 1. Public Utilities — Generally — Definition and Nature In determining whether defendant was operating a “public utility” within the meaning of RSA 362:2, the dispute turned on the […]

224 A.2d 585 HENRY R. BEAUSOLEIL v. UNITED FURNITURE WORKERS OF AMERICA a. No. 5506.Supreme Court of New Hampshire Hillsborough.Argued October 4, 1966. Decided November 30, 1966. 1. In an action sounding in tort brought by a member of a labor union against the union and certain individual members alleging that the defendants maliciously caused […]

21 A.2d 174 JOHN H. GILLINGHAM v. BOSTON MAINE RAILROAD. JOHN H. GILLINGHAM, Adm’r v. SAME. HARRY C. BLAKE, Adm’r v. SAME. No. 3260.Supreme Court of New Hampshire Merrimack. Decided June 25, 1941. The speed of a train cannot be proved by an attempted comparison between its speed and that of an automobile where the […]

64 A.2d 204 OPINION OF THE JUSTICES. No. 3823a.Supreme Court of New Hampshire Decided February 16, 1949. The provision of the Constitution (Pt II, Art. 15) fixing the compensation of the members of the General Court “exclusive of mileage” limits the Legislature from granting its members allowances directly or indirectly beyond the amounts or for […]

228 A.2d 161 OPINION OF THE JUSTICES. No. 5622.Supreme Court of New Hampshire Request of the Senate.Submitted April 4, 1967. Decided April 6, 1967. 1. Legislation which would require a period of silence for meditation in the first class each day in all public schools, or require readings during such period from historical or literary […]

722 A.2d 457 IN RE JESSE F. No. 97-707Supreme Court of New Hampshire Sullivan County Probate Court December 8, 1998 1. Guardianship — Generally — Appointment Probate court has exclusive jurisdiction over appointment of a guardian for a minor and the right of custody incident thereto. RSA 463:4 (Supp. 1997). 2. Appeal and Error — […]

262 A.2d 285 SHAER SHOE CORPORATION d/b/a MYRNA SHOE COMPANY v. GRANITE STATE ALARM, INC. No. 5897Supreme Court of New Hampshire Hillsborough Decided February 27, 1970 1. Where the plaintiff and defendant were each free to make its own bargain and there did not exist between them any special relationship such as is involved in […]

649 A.2d 604 OPINION OF THE JUSTICES (Public Use of Coastal Beaches) No. 94-322Supreme Court of New Hampshire Request of the House of Representatives Decided October 27, 1994 1. Eminent Domain — Compensation and Damages — Right to Compensation Fifth Amendment of Federal Constitution, and provision of New Hampshire Constitution forbidding the taking of a […]

131 A.2d 70 EDGCOMB STEEL OF NEW ENGLAND, INC. v. STATE. No. 4539.Supreme Court of New Hampshire Hillsborough.Argued January 2, 1957. Decided March 26, 1957. In condemnation proceedings by an administrative commission (RSA ch. 257) for the layout of a highway the filing with the Secretary of State of the return of the layout and […]

578 A.2d 360 DAVID ORLEANS v. COMMERCIAL UNION INSURANCE CO. No. 89-355Supreme Court of New Hampshire Hillsborough Decided August 3, 1990 Insurance — Automobile Policies — Uninsured Motorist Coverage Holding in Cacavas v. Maine Bonding and Casualty Co., 128 N.H. 204 (1986), allowing intra-policy “stacking” of uninsured motorist coverage, applies retroactively; ruling in Cacavas was […]

276 A.2d 919 IN RE ARTHUR F. TIBBETTS ESTATE. No. 6212.Supreme Court of New Hampshire Strafford Probate Court, Decided April 30, 1971. 1. A provision in testator’s will that if his son or wife died “so closely [after his death] that he or she has not had the actual enjoyment of the bequests and devises” […]

612 A.2d 364 RICHARD S. SHORT v. SCHOOL ADMINISTRATIVE UNIT NO. 16 a. No. 88-226Supreme Court of New Hampshire Rockingham Decided August 14, 1992 1. Constitutional Law — Due Process — Property Rights To have a property right in a benefit, a person must have more than an abstract need or desire for it and […]

571 A.2d 285 EDWARD NASH SONS, INC. v. CHUCK R. STARBIRD No. 89-353Supreme Court of New Hampshire Colebrook District Court Decided March 9, 1990 1. Judgments — Default — Notice It is settled law that a judgment ought not to pass against any person in any proceeding without notice and an opportunity to show cause […]

401 A.2d 1076 THE STATE OF NEW HAMPSHIRE v. LAWRENCE C. BEAULIEU No. 78-288Supreme Court of New Hampshire Hillsborough Decided May 9, 1979 1. Criminal Law — Plea of Guilty — Waiver of Constitutional Rights Although no explicit reference was made of the “presumption of innocence,” where trial judge, before accepting defendant’s plea of guilty […]

531 A.2d 329 THE STATE OF NEW HAMPSHIRE v. EDWARD D. HUMPHREY, SR. No. 86-241Supreme Court of New Hampshire Hillsborough Decided August 17, 1987 1. Evidence — Identifications — Suggestive Procedures Following a challenge to the admissibility of an out-of-court identification, the trial court must determine whether the identification procedure was unnecessarily suggestive in pointing […]

451 A.2d 386 HERBERT RICHTER a. v. MOUNTAIN SPRINGS WATER COMPANY, INC. No. 82-071Supreme Court of New Hampshire Grafton Decided September 10, 1982 1. Public Utilities — Regulatory Agencies — Powers The public utilities commission has the power to alter or amend rates charged by public utilities and such action may not violate the contract […]

708 A.2d 397 IN RE 1994 CHEVROLET CAVALIER VIN 1G1JF14T7R7112126 NEW HAMPSHIRE REGISTRATION AWT291 No. 96-460Supreme Court of New Hampshire Rockingham Decided March 26, 1998 1. Criminal Law — Double Jeopardy — Particular Cases To determine whether forfeiture of defendant’s vehicle under RSA 318-B:17-b constituted a second punishment for double jeopardy purposes, it had to […]

693 A.2d 412 APPEAL OF CITY OF KEENE (Cheshire County Commissioners) No. 95-867Supreme Court of New Hampshire Cheshire County Commissioners Decided April 29, 1997 1. Eminent Domain — Proceedings — Commission Where the chair of a county commission did not recuse himself from a proceeding to determine public necessity for a taking, even though his […]

81 A.2d 855 STATE v. AGNES TWAROG, Ap’t. No. 4031.Supreme Court of New Hampshire Hillsborough. Decided July 2, 1951. The means used by the respondent in making a simple assault (R.L., c. 455, s. 22) is not an essential element of the offense and need not be specifically alleged in the complaint. TWO COMPLAINTS, each […]

47 A.2d 574 TED ROSEDOFF v. CONSOLIDATED RENDERING COMPANY doing business as MANCHESTER RENDERING COMPANY. No. 3587.Supreme Court of New Hampshire Hillsborough. Decided June 4, 1946. A servant, whose familiarity with the habits and characteristics of cattle was substantially complete, who fails to show that he did not know and appreciate the dangers involved in […]

536 A.2d 172 APPEAL OF HOYT RENTAL AND LEASING COMPANY, INC. (New Hampshire Department of Safety, Division of Motor Vehicles) No. 86-410Supreme Court of New Hampshire Division of Motor Vehicles Decided December 4, 1987 1. Statutes — Construction and Application — Plain Meaning Where the language of a statute is plain, the words are given […]

269 A.2d 123 STATE v. ALGRID A. PETKUS. No. 5883.Supreme Court of New Hampshire Hillsborough. Decided September 8, 1970. 1. The giving of consent by a defendant to the taking of a blood sample while he is in custody under a lawful arrest, after he was properly warned of his rights and after the implied […]

497 A.2d 846 EDNA CLARK v. BRUCE McKERLEY a. No. 84-282Supreme Court of New Hampshire Merrimack Decided July 24, 1985 Parent and Child — Custody and Control of Children — Negligent Supervision In civil damage action brought against son who committed arson and parents for negligent supervision, parents’ motion for summary judgment was properly granted, […]

36 A.2d 284 AMERICAN EMPLOYERS’ INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY a. No. 3450.Supreme Court of New Hampshire Strafford. Decided February 1, 1944. Where a liability insurance policy issued to a garage owner extended coverage to any person using the motor vehicle with the owner’s permission, it was held that coverage was thereby extended […]

465 A.2d 917 ARLINGTON TRUST COMPANY v. ESTATE OF THOMAS H. WOOD No. 82-442Supreme Court of New Hampshire Rockingham Decided August 31, 1983 1. Trusts — Construction — Particular Cases Where decedent grantor had executed an inter vivos trust instrument, establishing the plaintiff, a bank, as trustee of a $100,000 insurance policy on his life, […]

837 A.2d 1078 THE STATE OF NEW HAMPSHIRE v. ANDREW TUCKER No. 2002-093Supreme Court of New Hampshire SullivanArgued May 21, 2003 Opinion Issued August 29, 2003 1. Food and Drugs — Controlled Substances — Evidence In a prosecution for conspiracy to sell heroin in an amount greater than five grams, there was sufficient reliability to […]

276 A.2d 813 EDWARD SHERIS v. JOHN O. MORTON a. No. 5929.Supreme Court of New Hampshire Rockingham. Decided April 5, 1971. 1. Under superior court rule 67 (RSA 491: App. R. 67)and the statutes regulating references to masters, a trial court has discretion to accept a master’s report that is returned late. 2. The supreme […]

409 A.2d 1352 ROGER W. SANBORN a. v. RICHARD E. ARANOSIAN a. d/b/a CAPITOL CITY MOTORS AND FIAT MOTORS OF NORTH AMERICA, INC. No. 79-203Supreme Court of New Hampshire Merrimack Decided December 28, 1979 Sales — Acceptance — Revocation Where plaintiff-buyers justifiably revoked acceptance of automobile as a defective product pursuant to RSA 382-A:2-608, the […]

840 A.2d 786 THE STATE OF NEW HAMPSHIRE v. DAVID RENO. No. 2003-152.Supreme Court of New Hampshire Concord District CourtArgued November 12, 2003. Opinion Issued January 26, 2004. 1. Search and Seizure — Generally — Investigative Stops It was not necessary to address the merits of defendant’s arguments regarding the sufficiency of the anonymous tip […]

216 A.2d 786 MEMORIAL HOSPITAL v. CARROLL COUNTY and TOWN OF OSSIPEE. No. 5409.Supreme Court of New Hampshire Carroll.Argued December 7, 1965. Decided January 31, 1966. 1. The statutory provisions (RSA 164:1 IX, 7) for gaining a settlement in a town are met where a person has resided in the town for five consecutive years […]

300 A.2d 325 STATE OF NEW HAMPSHIRE v. JAMES J. CASEY No. 6379Supreme Court of New Hampshire Hillsborough District Court Decided January 31, 1973 1. In order to prevail on a motion to dismiss after the close of all the evidence, defendant must show that the evidence as a whole and all reasonable inferences therefrom […]

872 A.2d 1031 THE STATE OF NEW HAMPSHIRE v. ROLAND MacMILLAN. No. 2004-402.Supreme Court of New Hampshire Rockingham.Argued: January 19, 2005. Opinion Issued: April 1, 2005. 1. Appeal and Error — Preservation of Questions — Timeliness In prosecution of defendant for prohibited uses of computer services, because the trial court’s order granting defendant’s motion in […]

392 A.2d 588 CHRISTINE RICHARDS, BY HER MOTHER AND NEXT FRIEND, DORIS RICHARDS v. LARRY LEPPARD No. 78-130Supreme Court of New Hampshire Hillsborough Decided September 27, 1978 Animals — Dog Bites Although statute makes liable for damages one who owns or keeps a dog, or has it in his possession if it causes injury to […]

578 A.2d 868 APPEAL OF CAROL HIGGINS-BRODERSEN AND WILLIAM McCANN (New Hampshire Personnel Appeals Board) No. 89-139Supreme Court of New Hampshire Personnel Appeals Board Decided August 27, 1990 1. Statutes — Construction and Application — Plain Meaning Where possible, statutes will be construed according to their plain meanings and in the context of the statutory […]

662 A.2d 289 THE STATE OF NEW HAMPSHIRE v. DONALD CARTER No. 94-114Supreme Court of New Hampshire Belknap Decided July 19, 1995 1. Evidence — Other Bad Acts — Discretion of the Court The decision to admit “bad acts” evidence lies within the trial court’s sound discretion and will be overturned only if the defendant […]

498 A.2d 310 THE STATE OF NEW HAMPSHIRE v. PATRICIA HARPER No. 84-309Supreme Court of New Hampshire Hillsborough Decided July 26, 1985 1. Statutes — Construction and Application — Penal Statutes New Hampshire does not follow the common law rule that criminal statutes are to be strictly construed. RSA 625:3. 2. Statutes — Construction and […]

272 A.2d 581 CHRISTOS CAPPUCHI, ppa DIANA CAPPUCHI v. BARBARA BRANCH. DIANA CAPPUCHI v. BARBARA BRANCH. No. 5847.Supreme Court of New Hampshire Hillsborough. Decided December 1, 1970. 1. A minor plaintiff’ was properly held to be negligent as a matter of law when injured as a result of his failure to release his hold on […]

197 A.2d 627 BEULAH CLOUTIER a. v. FRANCIS J. KASHETA. No. 5193.Supreme Court of New Hampshire Rockingham.Argued January 7, 1964. Decided January 31, 1964. 1. An action by a patient of the State Sanatorium against the defendant physician, Superintendent of the Sanatorium, alleging that the defendant unreasonably and negligently failed within a reasonable time to […]

640 A.2d 286 THE STATE OF NEW HAMPSHIRE v. MATTHEW A. BROWN a. No. 93-134Supreme Court of New Hampshire Strafford Decided April 5, 1994 1. Arrest — Probable Cause — Generally Trial court’s findings on probable cause will be upheld unless clearly erroneous. 2. Arrest — Probable Cause — Tests and Standards Probable cause to […]

374 A.2d 651 THE STATE OF NEW HAMPSHIRE v. PETER M. DESBIENS No. 7509Supreme Court of New Hampshire Belknap Decided May 31, 1977 Evidence — Past Offenses In prosecution for possession of controlled drug, second offense, defendant’s motion to suppress evidence of his prior conviction based on allegations that record of his prior conviction did […]

143 A.2d 104 PETER T. LAMPESIS a. v. TRAVELERS INSURANCE COMPANY. No. 4649.Supreme Court of New Hampshire Strafford.Argued May 7, 1958. Decided June 20, 1958. 1. Where a municipality conducted a public auction of a school building after giving notice of the terms of sale in accordance with the provisions of its charter, the plaintiffs […]

115 A.2d 316 THE DARTMOUTH NATIONAL BANK OF HANOVER v. KEENE NATIONAL BANK. No. 4408.Supreme Court of New Hampshire Grafton.Argued June 7, 1955. Decided June 22, 1955. As between the drawer bank which delivered a check to an impostor upon presentation of a forged withdrawal order and the bank which paid the check upon the […]

377 A.2d 127 ROD ALEXANDER a. v. ORFORD SCHOOL DISTRICT FORREST BUNTEN a. v. SAME Nos. 7699 7700Supreme Court of New Hampshire Grafton Decided August 1, 1977 1. Schools and School Districts — Tuition — Recovery of Cost Where actions were brought against town, seeking to recover from school district that part of “cost of […]