582 A.2d 619 THE STATE OF NEW HAMPSHIRE v. DAVID SIMPSON No. 89-465Supreme Court of New Hampshire Sullivan Decided November 15, 1990 1. Appeal and Error — Evidence — Sufficiency of Evidence A fact-specific analysis is employed in reviewing the sufficiency of the evidence in criminal convictions. 2. Sexual Assault — Aggravated Felonious Sexual Assault […]
Category: New Hampshire Court Opinions
CATE v. MARTIN, 69 N.H. 610 (1899)
45 A. 644 CATE v. MARTIN a. Supreme Court of New Hampshire Merrimack. Decided June, 1899. In a petition for mandamus, the statement that a board of aldermen, at a legal meeting, after a full investigation and hearing of all parties in interest, by a majority vote of all the qualified members, legally passed resolutions […]
McSHANE v. DOVER, 78 N.H. 507 (1917)
102 A. 622 PETER J. McSHANE v. DOVER. Supreme Court of New Hampshire Strafford. Decided December 4, 1917. One who sells property to the officials of a city for its use cannot recover of the city therefor, if the only conclusion from the evidence is that they pledged their own and not the city’s credit. […]
ROBBINS a. v. JOHNSON, 147 N.H. 44 (2001)
780 A.2d 1282 PAMELA ROBBINS a. v. BERTHA G. JOHNSON a. No. 99-422Supreme Court of New Hampshire Cheshire County Probate Court Decided October 3, 2001 1. Wills — Construction — Omitted Children Pretermitted heir creates a conclusive rule of law that a child who is neither named nor referred to in a will and is […]
LAUTEN v. ROWAN, 59 N.H. 215 (1879)
LAUTEN v. ROWAN. Supreme Court of New Hampshire Grafton. Decided June, 1879. A sale of liquor in another state, valid by the law of that state, may be enforced here, although the vendor was an agent of this state, and knew that the vendee, a resident of this state, was not a town agent for […]
STATE v. JOHNSON, 134 N.H. 498 (1991)
594 A.2d 1288 THE STATE OF NEW HAMPSHIRE v. JOHN JOHNSON No. 90-404Supreme Court of New Hampshire Belknap Decided July 26, 1991 1. Estoppel — Collateral Estoppel — Criminal Cases General proposition is recognized that doctrine of collateral estoppel may be applied in criminal setting, but instances where it has been applied are extremely limited. […]
DEYETTE v. LIBERTY MUTUAL INSURANCE COMPANY, 142 N.H. 560 (1997)
703 A.2d 661 TRACEY AND GREGORY DEYETTE v. LIBERTY MUTUAL INSURANCE COMPANY No. 96-327Supreme Court of New Hampshire Hillsborough-northern judicial district Decided December 31, 1997 1. Insurance — Policies — Construction Language in an insurance policy will be interpreted as a matter of law. The plain and ordinary meaning of the policy’s words will be […]
LACONIA BD. OF EDUC. v. LACONIA, 111 N.H. 389 (1971)
285 A.2d 793 LACONIA BOARD OF EDUCATION v. CITY OF LACONIA. No. 6353.Supreme Court of New Hampshire Belknap. Decided December 23, 1971. 1. Public statutes and local charter generally determine the extent to which a school district administration by a local board of education is subject to financial control by municipal bodies. 2. A city […]
GEN. LINEN SERVS. v. FRANCONIA INV. ASSOCS., 150 N.H. 595 (2004)
842 A.2d 105 GENERAL LINEN SERVICES, INC. v. FRANCONIA INVESTMENT ASSOCIATES, L.P. a. No. 2003-177.Supreme Court of New Hampshire StraffordArgued: January 14, 2004. Opinion Issued: February 27, 2004. 1. Contracts — Construction — Generally When interpreting a written agreement, the language used by the parties is given its reasonable meaning, considering the circumstances and context […]
APPEAL OF GARRISON PLACE REAL ESTATE INV. TRUST, 159 N.H. 539 (2009)
APPEAL OF GARRISON PLACE REAL ESTATE INVESTMENT TRUST (New Hampshire Wetlands Council). No. 2009-037.Supreme Court of New Hampshire. Wetlands Council.Argued: September 24, 2009. Opinion Issued: December 16, 2009. 1. Environment and Natural Resources — Environmental Rights and Actions — Review Under the plain language of the statute governing appeals, the Wetlands Council’s review of New […]
STATE v. LAJOIE, 84 N.H. 147 (1929)
147 A. 409 STATE v. GEORGE LAJOIE, alias GEORGE HILL. Supreme Court of New Hampshire Rockingham. Decided October 1, 1929. Counsel may properly comment upon the answer of a witness though the court had ruled that the matter “may be excluded,” if no testimonial use is made of the answer by counsel and his reference […]
PAUL v. SHERBURNE, 153 N.H. 747 (2006)
RIC PAUL v. FRANKLIN C. SHERBURNE. No. 2005-326.Supreme Court of New Hampshire Milford District Court.Argued: May 17, 2006. Opinion Issued: July 21, 2006. 1. Dismissal — Practice and Procedure — Review In reviewing a motion to dismiss for failure to state a claim upon which relief may be granted, the truth of the facts alleged […]
FRANKLIN NAT. BANK v. AUSTIN, 99 N.H. 59 (1954)
104 A.2d 742 FRANKLIN NATIONAL BANK v. ALBERT G. AUSTIN a. No. 4293.Supreme Court of New Hampshire Merrimack.Argued April 6, 1954. Decided May 4, 1954. The failure of a mortgagee to comply with the statutory provisions with respect to foreclosure of a chattel mortgage does not operate to produce a forfeiture of any balance due […]
BROWN v. CHURCHILL, 89 N.H. 441 (1938)
200 A. 393 ALBERT H. BROWN a. v. ARTHUR L. CHURCHILL. Supreme Court of New Hampshire Rockingham. Decided June 7, 1938. The provision of the statute of frauds requiring that a promise to pay the debt of another shall be in writing has no application unless such other person is indebted to the plaintiff who […]
PRUDENTIAL INS. CO. v. CORRIVEAU, 86 N.H. 326 (1933)
168 A. 569 PRUDENTIAL INSURANCE COMPANY OF AMERICA v. JOSEPH L. CORRIVEAU a. Supreme Court of New Hampshire Hillsborough. Decided October 5, 1933. A policy of life, insurance may be assigned to one having no insurable interest in the insured’s life, if the assignment be in good faith and not a device against wager policies. […]
PLOURDE v. PLOURDE, 130 N.H. 96 (1987)
535 A.2d 966 PAULA PLOURDE v. ROBERT PLOURDE NEW HAMPSHIRE DIVISION OF HUMAN SERVICES No. 86-506Supreme Court of New Hampshire Merrimack Decided November 9, 1987 Divorce — Custody and Support of Children — Tax Refunds In absence of an actual controversy regarding application of federal tax refund intercept statute, superior court decision in a divorce […]
MERRIFIELD v. MERRIFIELD, 122 N.H. 372 (1982)
445 A.2d 1087 LENA E. MERRIFIELD v. WARREN H. MERRIFIELD No. 81-342 No. 81-354Supreme Court of New Hampshire Hillsborough Decided April 27, 1982 1. Divorce — Trial Court — Discretion Marital orders are left to the sound discretion of the court, and the supreme court will not disturb them absent a showing of an abuse […]
STATE v. LITTLE, 121 N.H. 765 (1981)
435 A.2d 517 THE STATE OF NEW HAMPSHIRE v. THOMAS M. LITTLE No. 80-269Supreme Court of New Hampshire Cheshire Decided September 16, 1981 1. Criminal Law — Defenses — Entrapment Defense of entrapment in criminal cases is designed to prevent persons from being convicted of a crime manufactured by law enforcement officers. 2. Criminal Law […]
ERNSHAW v. ROBERGE, 86 N.H. 451 (1934)
170 A. 7 ADELAIDE ERNSHAW, by her next friend, v. MEDERIC R. ROBERGE. SAME v. CEDULIE ROBERGE. EDWARD ERNSHAW v. MEDERIC R. ROBERGE a. Supreme Court of New Hampshire Hillsborough. Decided January 2, 1934. In an action against the owner of a building for injuries received from the negligence of a workman erecting porch screens […]
SPAIN v. COMPANY, 94 N.H. 400 (1947)
54 A.2d 364 HELEN M. SPAIN v. UNITED STATES RUBBER COMPANY. No. 3672.Supreme Court of New Hampshire Hillsborough. Decided July 2, 1947. In a bill for discovery, trade secrets are not required to be disclosed except in such cases and to such extent as their disclosure may appear to be indispensable for the ascertainment of […]
SPRAGUE v. BARTLETT, 109 N.H. 137 (1968)
244 A.2d 202 RAYMOND H. SPRAGUE a. v. PETER S. BARTLETT. No. 5736.Supreme Court of New Hampshire Merrimack.Argued May 7, 1968. Decided July 17, 1968. 1. The negligence of a bailee is not imputable to the bailor. 2. The conduct of operators involved in an intersectional collision between an operator intending to turn left and […]
IN RE ESTATE OF HOLLETT, 150 N.H. 39 (2003)
834 A.2d 348 IN RE ESTATE OF JOHN ALBERT HOLLETT. No. 2002-346.Supreme Court of New Hampshire Merrimack County Probate CourtArgued: July 10, 2003. Opinion Issued: September 26, 2003. 1. Marriage — Generally — Antenuptial Agreements A prenuptial agreement is presumed valid unless the party seeking the invalidation of the agreement proves that: (1) the agreement […]
WORTHEN v. ABBOTT, 90 N.H. 164 (1939)
5 A.2d 715 IMA WORTHEN v. ARTHUR J. ABBOTT a. No. 3023.Supreme Court of New Hampshire Hillsborough. Decided April 4, 1939. In an action by a pedestrian for injuries caused by a fall on an icy sidewalk certain evidence as to the defective construction of the defendant’s bay windows adjacent to the sidewalk warranted the […]
STATE v. HARRIS, 101 N.H. 95 (1957)
133 A.2d 483 STATE v. JANET L. HARRIS. STATE v. VERNE L. HARRIS. Nos. 4585. 4586.Supreme Court of New Hampshire Keene Municipal Court.Submitted June 4, 1957. Decided June 28, 1957. 1. Where the respondent’s license to operate a motor vehicle had been suspended for failure to furnish financial responsibility after an accident and subsequently a […]
CLAPP CO. v. McCLEARY, 89 N.H. 65 (1937)
192 A. 572 CHARLES G. CLAPP CO. v. HORACE E. McCLEARY, a., Trustees. Supreme Court of New Hampshire Merrimack. Decided June 1, 1937. There is no general principle of evidence excluding self-serving declarations. Where the understanding of the parties respecting the terms of their verbal contract is in issue the principle requiring that the whole […]
SMITH v. TOWN OF WOLFEBORO, 136 N.H. 337 (1992)
615 A.2d 1252 CHARLES H. SMITH a. v. TOWN OF WOLFEBORO a. No. 90-603Supreme Court of New Hampshire Carroll Decided November 10, 1992 1. Zoning — Powers of Municipality — Subdivision Controls Town planning board unreasonably denied lot owners’ request to remove its restriction prohibiting residential use on lot, since lot was suitable for such […]
STATE v. FITANIDES, 139 N.H. 425 (1995)
655 A.2d 411 THE STATE OF NEW HAMPSHIRE v. PHILIP E. FITANIDES No. 93-424Supreme Court of New Hampshire Merrimack Decided March 1, 1995 1. Constitutional Law — Due Process — Statutory Vagueness Due process requires that a statute that proscribes conduct not be so vague that it fails to give persons of ordinary intelligence a […]
PROGRESSIVE N. INS. CO. v. CONCORD GEN. MUT., 151 N.H. 649 (2005)
864 A.2d 368 PROGRESSIVE NORTHERN INSURANCE COMPANY v. CONCORD GENERAL MUTUAL INSURANCE COMPANY a. No. 2004-050.Supreme Court of New Hampshire Grafton.Argued: September 23, 2004. Opinion Issued: January 10, 2005. 1. Insurance — Policies — Ambiguities In determining whether an ambiguity exists, the court looks to the claimed ambiguity, considers it in its appropriate context, and […]
DUNN SONS, INC. v. PARAGON HOMES OF NEW ENG., 110 N.H. 215 (1970)
265 A.2d 5 J. DUNN SONS, INC. v. PARAGON HOMES OF NEW ENGLAND, INC. JOSEPH DUNN v. SAME No. 5828Supreme Court of New Hampshire Hillsborough Decided April 30, 1970 1. The scope of an arbitration clause in a contract presents a question of law for the court. 2. The determination of whether an action is […]
STATE v. DAVIS, 149 N.H. 698 (2003)
828 A.2d 293 THE STATE OF NEW HAMPSHIRE v. GREGORY DAVIS No. 2002-146Supreme Court of New Hampshire RockinghamArgued May 8, 2003 Opinion Issued July 18, 2003 1. Search and Seizure — Warrant Requiremtn; Exceptions — Plain View To validate a seizure under plain view exception to the State Constitution’s warrant requirement, the State must prove, […]
McDONOUGH v. PRESCOTT, 62 N.H. 600 (1883)
McDONOUGH v. PRESCOTT. Supreme Court of New Hampshire Hillsborough. Decided June, 1883. The mere convenience of the parties is not a sufficient explanation of the retention of possession by the vendor to avoid the general rule that a sale of chattels unaccompanied by a change of possession is invalid as to creditors. REPLEVIN, for a […]
BRODOWSKI v. SUPOWITZ, 122 N.H. 694 (1982)
448 A.2d 430 KAREN BRODOWSKI v. NATHAN SUPOWITZ a. No. 81-447Supreme Court of New Hampshire Rockingham Decided July 14, 1982 1. Equity — Decree Pro Confesso — Discretion of Court Where plaintiff filed a bill in equity on July 31, 1979, and an action at law on August 14, 1979, against appealing defendant, a Massachusetts […]
FULLER v. COMPANY, 88 N.H. 425 (1937)
190 A. 290 LESTER FULLER v. COLEBROOK LUMBER CO. Supreme Court of New Hampshire Coos. Decided February 2, 1937. The words “other place” in P.L., c. 178, s. 1, par. II, following the words “shop, mill, factory,” mean a place where such work is performed as is customary in those places. A teamster who rolls […]
GORECKI v. STATE, 115 N.H. 120 (1975)
335 A.2d 647 KAZ GORECKI v. STATE OF NEW HAMPSHIRE a. No. 6882Supreme Court of New Hampshire Cheshire Decided March 31, 1975 1. A labor dispute is generally held to encompass any controversy concerning wages, hours, and working conditions between employer and employee. 2. Unemployment caused by a labor dispute is generally considered voluntary regardless […]
STATE v. BOULAIS, 150 N.H. 216 (2003)
834 A.2d 380 THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER BOULAIS. No. 2002-710.Supreme Court of New Hampshire Salem District CourtArgued: September 10, 2003. Opinion Issued: November 7, 2003. 1. Offenses — Particular Crimes — Disorderly Conduct In the disorderly conduct statute, by using the word “violent,” the legislature intended to criminalize those offensive words which […]
HOWE v. COMPANY, 87 N.H. 122 (1934)
174 A. 776 FLORENCE HOWE (by her father and next friend) v. AMOSKEAG MANUFACTURING COMPANY. HENRY R. HOWE v. SAME. Supreme Court of New Hampshire Hillsborough. Decided September 21, 1934. A witness aged fourteen testifying to objective matters about which she might be mistaken was held not to be bound by every assertion she made. […]
CURTICE v. DIXON, 74 N.H. 386 (1907)
68 A. 587 CURTICE, Adm’r, v. DIXON. Supreme Court of New Hampshire Merrimack. Decided December 3, 1907. Where A’s expressions of disapproval have been introduced in evidence for the purpose of showing his belief that B, whom he knew intimately for many years, possessed a violent and unreasonable temper, evidence of specific acts of quarrelsomeness […]
STATE v. NATALCOLON, 140 N.H. 689 (1996)
671 A.2d 556 THE STATE OF NEW HAMPSHIRE v. GILBERTO NATALCOLON No. 95-226Supreme Court of New Hampshire Merrimack Decided February 15, 1996 1. Food and Drugs — Controlled Substances — Seizures and Forfeitures An individual must make a claim to the property at a civil forfeiture proceeding in order to become a party to it. […]
STATE v. MOQUIN, 105 N.H. 9 (1963)
191 A.2d 541 STATE v. JOSEPH R. MOQUIN a. No. 5116.Supreme Court of New Hampshire Manchester Municipal Court.Argued April 2, 1963. Decided June 7, 1963. 1. The power to punish for contempt is inherent in all courts and is essential to the functioning of the judicial system. 2. Where the operator of a motorcycle and […]
APPEAL OF N.H. CATHOLIC CHARITIES, 130 N.H. 822 (1988)
546 A.2d 1085 APPEAL OF NEW HAMPSHIRE CATHOLIC CHARITIES (New Hampshire Health Services Planning and Review Board) No. 87-365Supreme Court of New Hampshire Health Services Planning and Review Board Decided August 10, 1988 1. Public Health and Welfare — Institutional Health Services — Certificate of Need Decision of State health services planning and review board […]
NEW HAMPSHIRE BAR ASS’N v. LaBELLE, 109 N.H. 184 (1968)
246 A.2d 826 NEW HAMPSHIRE BAR ASSOCIATION v. DANIEL I. LaBELLE a. No. 5856.Supreme Court of New Hampshire Original.Argued October 2, 1968. Decided October 4, 1968. 1. A layman is not qualified to be a candidate for election to the office of county attorney and hence is not entitled to have his name on the […]
CHASAN v. VILLAGE DISTRICT OF EASTMAN, 128 N.H. 807 (1986)
523 A.2d 16 BRUCE J. CHASAN a. v. VILLAGE DISTRICT OF EASTMAN a. No. 866-081Supreme Court of New Hampshire Sullivan Decided December 8, 1986 1. Pleading — Motion To Dismiss — Particular Cases Court did not err in dismissing plaintiffs’ complaint without an “evidentiary hearing” after considering documents in addition to the pleadings, where plaintiffs […]
PIERCE v. LANGDON, 110 N.H. 170 (1970)
262 A.2d 609 BERNIE PIERCE v. COURTNEY LANGDON, a ATTORNEY GENERAL ex rel PIERCE v. COURTNEY LANGDON, a Nos. 5958 and 5958aSupreme Court of New Hampshire Cheshire Decided March 4, 1970 1. The plaintiff was elected selectman, having received, as required by RSA 61:8, a majority of the whole number of the votes cast or […]
FELLOWS v. HOYT, 69 N.H. 179 (1897)
44 A. 929 FELLOWS, Assignee, v. HOYT. Supreme Court of New Hampshire Merrimack. Decided June, 1897. A levy of execution is not dissolved or impaired by subsequent insolvency proceedings. When a levy of execution is made upon the real estate of an insolvent debtor, his assignee is the proper person to appoint an appraiser. BILL […]
GLOWSKI v. ALLSTATE INS. CO., 134 N.H. 196 (1991)
589 A.2d 593 LINDA AND STEVEN GLOWSKI v. ALLSTATE INSURANCE COMPANY No. 90-066Supreme Court of New Hampshire Hillsborough Decided April 26, 1991 1. Conflict of Laws — Contracts Law of State with most significant relationship to contract will govern questions regarding contract’s performance. 2. Conflict of Laws — Contracts — Insurance Contract In the absence […]
DANA PATTERSON, INC. v. TOWN OF MERRIMACK, 130 N.H. 353 (1988)
540 A.2d 1225 DANA PATTERSON, INC. v. TOWN OF MERRIMACK No. 87-097Supreme Court of New Hampshire Hillsborough Decided March 10, 1988 1. Taxation — Current Use Tax — Purpose The current use taxation statute was enacted to promote the preservation of open land in the State by allowing qualifying land to be taxed at a […]
COCHRAN, v. LANGMAID, 60 N.H. 571 (1881)
COCHRAN, Adm’r, v. LANGMAID. Supreme Court of New Hampshire Merrimack. Decided June, 1881. When the adverse party is an executor or administrator, the surviving party will not ordinarily be allowed to testify to matters to which the deceased could testify if alive. ASSUMPSIT, to recover certain notes. Plea, the general issue, with a set-off. Facts […]
RAILROAD v. RAILROAD, 59 N.H. 409 (1879)
ASHUELOT R. R. v. CHESHIRE R. R. Supreme Court of New Hampshire Cheshire. Decided December, 1879. A final decree in a bill in equity is conclusive upon all the parties in respect to all matters of claim and defence determined by it, and as to all incidental matters which the parties were bound to litigate […]
NEVINS v. N.H. DEP., RESOURCES AND ECONOMIC DEV., 147 N.H. 484 (2002)
792 A.2d 388 NEIL NEVINS a. v. NEW HAMPSHIRE DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT a. No. 2000-149Supreme Court of New Hampshire MerrimackArgued: November 14, 2001 Decided: March 11, 2002 1. Administrative Law — Powers of Agency — Promulgation ofRules Promulgation of rules pursuant to the Administrative Procedure Act is not necessary to carry out […]
STATE v. SULLIVAN, 144 N.H. 541 (1999)
744 A.2d 1121 THE STATE OF NEW HAMPSHIRE v. BRIAN SULLIVAN No. 98-143Supreme Court of New Hampshire Rockingham Decided December 28, 1999 1. Statutes — Maxims and Rules of Construction — Generally Supreme court avoids construing statutes in manner that would produce an unjust and seemingly illogical result; when interpreting two statutes which deal with […]
RADZIEWICZ v. TOWN OF HUDSON, 159 N.H. 313 (2009)
JOANNE RADZIEWICZ a. v. TOWN OF HUDSON. No. 2009-085.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Submitted: September 24, 2009. Opinion Issued: October 20, 2009. 1. Courts — Jurisdiction — Subject Matter Jurisdiction The trial court has the power to reconsider an issue until final judgment or decree. In addition, the issue of subject matter jurisdiction […]
PLUMMER v. OSSIPEE, 59 N.H. 55 (1879)
PLUMMER v. OSSIPEE. Supreme Court of New Hampshire Belknap. Decided June, 1879. An action for personal injuries to a married woman should be brought in her name alone, Expressions indicative of pain are competent evidence of suffering at the time. Evidence of wheel tracks is relevant to the question of where the usual travel on […]
APPEAL OF BOOKER, 139 N.H. 337 (1995)
653 A.2d 1084 APPEAL OF JOREL BOOKER (New Hampshire Personnel Appeals Board) No. 93-597Supreme Court of New Hampshire Personnel Appeals Board Decided January 25, 1995 1. Appeal and Error — Power of Reviewing Court — Generally On appeal, the court will reverse the personnel appeals board if it made an error of law or if […]
GILLIS v. CHASE, 67 N.H. 161 (1891)
31 A. 18 GILLIS v. CHASE. SAME v. CUMMINGS a. SAME v. WINN. SAME v. WEBSTER. SAME v. CLYDE. Supreme Court of New Hampshire Hillsborough. Decided December, 1891. A riparian owner is not liable for a reasonable use of water passing his land, whether for his own purposes or for sale to others, and the […]
RANGER v. N.H. YOUTH DEV. CENTER, 117 N.H. 648 (1977)
377 A.2d 132 ALFRED H. RANGER v. NEW HAMPSHIRE YOUTH DEVELOPMENT CENTER ROBERT M. DUVALL, LABOR COMMISSIONER No. 7761Supreme Court of New Hampshire Hillsborough Decided August 1, 1977 1. Workmen’s Compensation — Computation of Awards — Scheduled Permanent Impairment Award For purposes of scheduled permanent impairment award statute of workmen’s compensation law, scheduled award is […]
CREIER v. FITZWILLIAM, 76 N.H. 382 (1912)
83 A. 128 CREIER v. FITZWILLIAM. Supreme Court of New Hampshire Cheshire. Decided April 2, 1912. One who cares for a small-pox patient in quarantine cannot recover of the town therefor, unless he was employed by the officer in charge of the case, or the board of health has determined that such expense is a […]
SPRAGUE v. TOWN OF ACWORTH, 120 N.H. 641 (1980)
419 A.2d 1075 J. HOWARD SPRAGUE v. TOWN OF ACWORTH No. 80-190Supreme Court of New Hampshire Sullivan Decided September 17, 1980 1. Appeal and Error — Affirmance — Grounds Where the correct decision is made on mistaken grounds, supreme court will sustain it if the record contains valid grounds to support the decision. Page 642 […]
SMITH v. TRUGLIA, 135 N.H. 18 (1991)
599 A.2d 122 C. ANN (TRUGLIA) SMITH v. SAVERIO G. TRUGLIA, JR. No. 90-392Supreme Court of New Hampshire Rockingham Decided November 7, 1991 1. Property — Right of First Refusal — Nature and Elements Where right of first refusal on sale of property has been triggered and the triggered right has been exercised, even though […]
IN RE TOYOTA AVALON, 155 N.H. 720 (2007)
IN RE TOYOTA AVALON VIN # 4T1BJ18BXWU251611. No. 2006-567.Supreme Court of New Hampshire Merrimack.Submitted: June 20, 2007. Opinion Issued: July 19, 2007. 1. Food and Drugs — Controlled Substances— Seizures and Forfeitures Because the statute governing forfeiture of items used in connection with drug offenses, by its plain language, does not require that a criminal […]
PROULX v. DIR., N.H. DIV., 154 N.H. 350 (2006)
DANIEL PROULX v. DIRECTOR, NEW HAMPSHIRE DIVISION OF MOTOR VEHICLES. No. 2005-546.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: September 13, 2006. Opinion Issued: November 3, 2006. 1. Highways — Motor Vehicles — Drivers’ Licenses Evidence supported a finding that an officer adequately advised plaintiff that his driver’s license would be suspended if he refused […]
OLNEY v. RAILROAD, 73 N.H. 85 (1904)
59 A. 387 OLNEY v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided November 1, 1904. It is sufficient cause for setting aside a verdict, that counsel was permitted to read in closing argument an excerpt from an opinion rendered in the same case, the natural tendency of which was to induce the […]
CARR v. ELECTRIC CO., 70 N.H. 308 (1900)
48 A. 286 CARR v. MANCHESTER ELECTRIC CO. SAME v. UNION ELECTRIC CO. Supreme Court of New Hampshire Hillsborough. Decided June, 1900. An action for negligence cannot be maintained when the evidence fails to disclose an open, visible connection between the injury and the negligence alleged. As between himself and his immediate employer, a servant […]
STATE v. McCORMACK, 110 N.H. 482 (1970)
272 A.2d 611 STATE v. G. EDWIN McCORMACK. No. 6084.Supreme Court of New Hampshire Wolfeboro District Court. Decided December 1, 1970. 1. The prohibition by rule 20 of the Fish and Game Department of the “possession or use of. . . rice. . . while fishing. . .” is a valid exercise by the State […]
SEABROOK v. FOWLER, 67 N.H. 428 (1893)
30 A. 414 SEABROOK v. FOWLER. Supreme Court of New Hampshire Rockingham. Decided June, 1893. The legislative act of June 26, 1822, confirming and establishing the westerly boundary line of Seabrook, and enacting that “all the lands, nonresident as well as resident, and the waters lying easterly thereof to the sea, shall belong to the […]
KUBA v. DEVONSHIRE MILLS, 78 N.H. 245 (1916)
99 A. 91 MARTIN KUBA v. DEVONSHIRE MILLS. Supreme Court of New Hampshire Hillsborough. Decided October 3, 1916. A verdict is not set aside for an error which the course of the trial renders immaterial or which is against the prevailing party. A judge is not bound to instruct the jury upon an abstract proposition; […]
CARTIER v. HOYT SHOE CORP., 92 N.H. 263 (1942)
29 A.2d 423 CATHARINE CARTIER v. F. M. HOYT SHOE CORPORATION. WILLIAM J. CARTIER v. SAME. No. 3350.Supreme Court of New Hampshire Hillsborough. Decided December 1, 1942. In an action by an invitee against the owner of premises whereon she was injured when stepping on a tread at the edge of a floor to go […]
MELVIN v. MELVIN, 125 N.H. 445 (1984)
480 A.2d 206 DAVID L. MELVIN v. KATHERINE MELVIN No. 83-475Supreme Court of New Hampshire Rockingham Decided August 13, 1984 1. Divorce — Alimony — Construction of Order To determine whether “children are involved” within the meaning of the alimony statute providing that an alimony order shall be effective for not more than three years […]
STATE v. DURANLEAU, 99 N.H. 30 (1954)
104 A.2d 519 STATE v. DENNIS DURANLEAU. No. 4311.Supreme Court of New Hampshire Municipal Court of Berlin.Argued April 7, 1954. Decided April 21, 1954. A municipal court may take judicial notice of an ordinance of the municipality and find, in the absence of evidence, that a particular street or avenue used for public travel for […]
PETRIE-CLEMONS v. BUTTERFIELD, 122 N.H. 120 (1982)
441 A.2d 1167 PETER PETRIE-CLEMONS a. v. WALDO BUTTERFIELD No. 80-480Supreme Court of New Hampshire Rockingham Decided February 19, 1982 1. Damages — Evidence — Review by Supreme Court In reviewing damage awards, the supreme court will consider the evidence in the light most favorable to the prevailing party. 2. Appeal and Error — Findings […]
MERCHANTS RENT-A-CAR v. ARBELLA PROTECTION INS. Co., 145 N.H. 420 (2000)
764 A.2d 883 MERCHANTS RENT-A-CAR, INC. v. ARBELLA PROTECTION INSURANCE COMPANY, INC. No. 98-623Supreme Court of New Hampshire Merrimack Decided November 20, 2000 1. Insurance — Policies — Terms and Phrases Summary judgment in favor of insurer was reversed, since unqualified use of term “van” in “non-owned auto” section of personal automobile insurance policy included […]
BURNS v. TOWN OF GORHAM, 122 N.H. 401 (1982)
445 A.2d 1111 HELEN L. BURNS v. TOWN OF GORHAM a. No. 81-236 No. 81-250Supreme Court of New Hampshire Coos Decided May 12, 1982 1. Appeal and Error — Scope of Review — Evidence A superior court order affirming a decision of the Commission for Human Rights is subject to review by the supreme court […]
ROYER v. CATHOLIC MED. CTR., 144 N.H. 330 (1999)
741 A.2d 74 IRA A. AND RACHEL M. ROYER v. CATHOLIC MEDICAL CENTER No. 98-060Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided November 23, 1999 1. Torts — Generally — Strict Liability Strict liability is generally available only where legislature has provided for it, or in those situations where common law of New Hampshire […]
SPILLER v. CASS, 58 N.H. 489 (1878)
SPILLER v. CASS. Supreme Court of New Hampshire Grafton. Decided August, 1878. In assumpsit for the use and occupation of land verbally agreed to be conveyed to the defendant, who entered upon and occupied the land, but failed to pay according to the agreement, the plaintiff cannot recover until he has restored any benefits he […]
PUTNAM LUMBER CO. v. EDDIE NASH SONS, 141 N.H. 670 (1997)
690 A.2d 570 PUTNAM LUMBER COMPANY, INC. v. EDDIE NASH SONS, INC. No. 95-053Supreme Court of New Hampshire Coos Decided March 17, 1997 1. Judgments — Collateral Estoppel — Prior Final Judgment Where a district court order decided some, but not all, of the issues in the contract dispute proceeding before it and transferred “all […]
HART v. BATCHELDER, 104 N.H. 132 (1962)
180 A.2d 440 IRENE LANDERS HART v. RALPH BATCHELDER a. No. 5029.Supreme Court of New Hampshire Grafton.Argued April 4, 1962. Decided May 1, 1962. 1. In a petition seeking the removal of the names of the defendants from the checklist of a town, the finding by the Trial Court that the defendants’ absence from the […]
OPINION OF THE JUSTICES, 88 N.H. 484 (1937)
190 A. 425 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided February 2, 1937. Taxes may not be imposed for the benefit of private persons or for private uses. An appropriation of public money for a private purpose is forbidden whether the money therefor is to be raised in the first instance by […]
WOOD v. INSURANCE CO., 89 N.H. 213 (1937)
195 A. 667 DELL J. WOOD v. MANUFACTURERS MERCHANTS MUTUAL INSURANCE CO. SAME v. BERKSHIRE MUTUAL INSURANCE CO. Supreme Court of New Hampshire Grafton. Decided December 7, 1937. An argument that an insured had no motive for burning insured premises because the value of the property was in excess of the insurance by one-third to […]
FRAZIER v. PERKINS, 62 N.H. 69 (1882)
FRAZIER v. PERKINS. Supreme Court of New Hampshire Merrimack. Decided June, 1882. The acceptance of a beneficial gift is presumed. ASSUMPSIT, for money had and received. The plaintiff’s wife, in her last sickness, having in her possession $150 in money belonging to the plaintiff, in his presence and with his consent delivered the same to […]
COUTU v. STATE, 123 N.H. 159 (1983)
459 A.2d 236 ALBERT A. COUTU a. v. THE STATE OF NEW HAMPSHIRE No. 82-140Supreme Court of New Hampshire Cheshire Decided March 24, 1983 1. Unemployment Compensation — Hearing — Issues The determination whether an applicant for unemployment compensation benefits has “wilfully” made a false statement or “knowingly” failed to disclose a material fact is […]
BROWN v. PHILBRICK, 79 N.H. 69 (1918)
104 A. 785 DAVID BROWN, Ex’r v. ANNIE M. PHILBRICK a. Supreme Court of New Hampshire Rockingham. Decided October 1, 1918. Bequest of money “to A or his heirs and to the heirs of B,” who had died prior to the date of the will, “to be divided equally among them.” A having died before […]
OUILETTE v. THEOBALD, 78 N.H. 547 (1918)
103 A. 306 FRED OUILETTE v. GEORGE L. THEOBALD. Supreme Court of New Hampshire Merrimack. Decided February 5, 1918. A false statement as to what a person thinks respecting a matter is actionable, if made to defraud. ASSUMPSIT, to recover money paid a the price of a horse, on a sale induced by fraudulent representations. […]
DANCART CORP. v. ST. ALBANS RUBBER CO., 124 N.H. 598 (1984)
474 A.2d 1020 DANCART CORPORATION v. ST. ALBANS RUBBER CO., LTD. No. 83-060Supreme Court of New Hampshire Hillsborough Decided March 2, 1984 1. Conflict of Laws — Generally Foreign law is presumed to accord with the common law of New Hampshire in the absence of contrary evidence. 2. Appeal and Error — Scope of Review […]
COTE v. ELDEEN, 119 N.H. 491 (1979)
403 A.2d 419 GEORGE A. COTE, SR. MYRTLE M. COTE v. RICHARD ELDEEN DOROTHY ELDEEN No. 78-204Supreme Court of New Hampshire Sullivan Decided June 27, 1979 1. Easements — Prescription — Scope Scope of prescriptive easement is defined by character and nature of use that created it. 2. Easements — Prescription — Scope Trial court […]
FAWCETT v. DOLE, 67 N.H. 168 (1891)
29 A. 693 FAWCETT v. DOLE a. Supreme Court of New Hampshire Sullivan. Decided December, 1891. Selectmen acting under Laws 1879, c. 46, s. 2, imposing doomage upon one omitting to file the inventory required by Gen. Laws, c. 55, act in a judicial capacity, and are not liable for errors of judgment, unintentional mistakes, […]
GODDARD v. COMPANY, 82 N.H. 225 (1926)
131 A. 601 COREY A. GODDARD v. BERLIN MILLS COMPANY. SAME v. THE BROWN COMPANY. Supreme Court of New Hampshire Coos. Decided January 5, 1926. In an action for damages claimed to have been caused the plaintiff’s land by flowage due to the holding back of water by the defendant’s dam in times of heavy […]
HEDDING c. ASSOCIATION v. EPPING, 88 N.H. 321 (1937)
189 A. 347 HEDDING CAMP MEETING ASSOCIATION v. EPPING. Supreme Court of New Hampshire Rockingham. Decided January 5, 1937. Public Laws, c. 60, s. 22 establishes a uniform scheme for tax exemption of charitable institutions and supersedes the previous grant of exemptions given by Laws 1913, c. 115, or by their charters or special acts. […]
ETTINGER v. TOWN OF MADISON PLANNING BOARD, 2010-688 (N.H. 12-8-2011)
THOMAS ETTINGER a. v. TOWN OF MADISON PLANNING BOARD. No. 2010-688Supreme Court of New Hampshire CarrollArgued: October 13, 2011 Opinion Issued: December 8, 2011 Hastings Law Office, P.A., of Fryeburg, Maine (Peter J. Malia, Jr. on the brief and orally), for the plaintiffs. Mitchell Municipal Group, P.A., of Laconia (Laura A. Spector on the brief […]
RUTHERFORD v. WHITCHER, 60 N.H. 110 (1880)
RUTHERFORD v. WHITCHER. Supreme Court of New Hampshire Grafton. Decided June, 1880. Counts in trover and assumpsit may be joined in a declaration on a single cause of action. TROVER, for 200 cords of hemlock bark, and ASSUMPSIT, for $1,000, the proceeds of the bark. Demurrer, for a misjoinder of counts in different forms of […]
TIBBETTS v. SARTWELL, 67 N.H. 418 (1892)
29 A. 411 TIBBETTS v. SARTWELL. Supreme Court of New Hampshire Coos. Decided December, 1892. At an appraisal to determine the price of goods under a contract of sale, neither party has a right to exclude the other, and a party so excluded may rescind the contract without forfeiting a deposit made to insure an […]
PINSONNEAULT v. CONCORD, 80 N.H. 539 (1923)
120 A. 257 GERTRUDE PINSONNEAULT v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided February 6, 1923. A municipality is liable for the flooding of premises by reason of a defective sewer. Notice to a municipality that its sewer system was insufficient at the place where the flooding occurred is relevant on the issue of […]
CLOUTIER v. STATE MILK CONTROL BOARD, 92 N.H. 199 (1942)
28 A.2d 554 GERMAIN E. CLOUTIER a. doing business as GREEN ACRES FARM DAIRY v. STATE MILK CONTROL BOARD. No. 3377.Supreme Court of New Hampshire Decided October 6, 1942. Certiorari is a proper remedy whereby to invalidate an illegal order of the State Milk Control Board; and the remedy of appeal provided by the Milk […]
BLAZO v. COCHRANE, 71 N.H. 585 (1902)
53 A. 1026 BLAZO v. COCHRANE, Ex’r a. Supreme Court of New Hampshire Strafford. Decided December 18, 1902. An unindorsed promissory note may be the subject of a gift, either inter vivos or causa mortis, the equitable interest vesting in the donee by delivery and acceptance. To establish a gift causa mortis, it must appear […]
STATE v. GONZALEZ, 2002-474 (N.H. 9-30-2003)
834 A.2d 354 THE STATE OF NEW HAMPSHIRE v. RUBEN GONZALEZ No. 2002-474Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued July 10, 2003 Opinion Issued September 30, 2003 Peter W. Heed, attorney general (Karen E. Huntress, assistant attorney general, on the brief and orally), for the State. Dawnangela Minton, assistant appellate defender, of Concord, by […]
GRANITE STATE TRANSMISSION CO. v. STATE, 105 N.H. 454 (1964)
202 A.2d 236 GRANITE STATE GAS TRANSMISSION, INC. v. STATE OF NEW HAMPSHIRE a. No. 5175.Supreme Court of New Hampshire Public Utilities Commission.Argued January 7, 1964. Decided July 17, 1964. 1. The Public Utilities Commission has authority under RSA 365:29 and RSA 378:10 to order a public utility to make refunds to prevent unreasonable prejudice […]
FRENETTE v. GILLIS, 106 N.H. 210 (1965)
208 A.2d 453 EUGENE FRENETTE v. LOUIS A. GILLIS. No. 5276.Supreme Court of New Hampshire Rockingham.Argued March 2, 1965. Decided March 31, 1965. 1. In an action to recover for personal injuries sustained as the result of being bitten by dogs in the possession of defendant (RSA 466:19 20), it was held that plaintiff’s entry […]
MORRISON v. FIBRE CO., 70 N.H. 406 (1900)
47 A. 412 MORRISON v. BURGESS SULPHITE FIBRE CO. Supreme Court of New Hampshire Coos. Decided June, 1900. The duty of a master to furnish his servants a safe and suitable place in which to work extends to only such portions of the premises as are designed for their occupancy, and such as he knows, […]
BOW v. PLUMMER, 79 N.H. 23 (1918)
104 A. 35 BOW v. JOHN W. PLUMMER, State Treasurer. BOW v. JOHN W. PLUMMER. Supreme Court of New Hampshire Merrimack. Decided June 4, 1918. Assumpsit does not lie against the state treasurer in his official capacity to recover money paid by a town under an erroneous assessment. An appearance by the attorney-general, for a […]
MANCHESTER HOUSING AUTHORITY v. FISK, 102 N.H. 280 (1959)
155 A.2d 186 MANCHESTER HOUSING AUTHORITY v. HENRY FISK a. No. 4800.Supreme Court of New Hampshire Hillsborough.Argued October 7, 1959. Decided November 3, 1959. 1. The statute (RSA 203:12) conferring upon housing authorities the power of eminent domain for redevelopment projects is not so indefinite and arbitrary as to be unconstitutional for the reason that […]
HALLAHAN v. RILEY, 94 N.H. 48 (1946)
45 A.2d 886 JOSEPHINE S. HALLAHAN a. v. WILLIAM H. RILEY, Commissioner of Labor. No. 3564.Supreme Court of New Hampshire Bureau of Labor Unemployment Compensation Division. Decided February 21, 1946. An unemployed person is not entitled to benefits for the full statutory period of 20 weeks when other suitable work has been offered within that […]
BROWN v. WIGGIN, 59 N.H. 327 (1879)
BROWN v. WIGGIN. Supreme Court of New Hampshire Carroll. Decided December 1879. The propriety of sending to the jury a chalk, referred to in testimony, is a question of fact to be determined at the trial term. CASE, for kindling a fire on the defendant’s land so carelessly that it spread to the plaintiff’s land […]