Category: New Hampshire Court Opinions

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

42 A.2d 691 FRED A. COUTURE v. EDMOND G. HEBERT a. No. 3519.Supreme Court of New Hampshire Strafford. Decided June 5, 1945. Although a contract of employment provides that it could be terminated by the employer upon giving written notice to the employee, an oral notice may be sufficient compliance therewith if the employee has […]

623 A.2d 750 THE STATE OF NEW HAMPSHIRE v. ADAM BAROUDI No. 92-185Supreme Court of New Hampshire Belknap Decided April 13, 1993 1. Search and Seizure — Warrant Requirement; Exceptions — Motor Vehicles In denying defendant’s motion to suppress evidence found during automobile trunk search, trial court correctly used objective standard, Page 63 based on […]

446 A.2d 858 EDWARD J. TALBOT v. CATELLI-HABITANT, INC. a. No. 81-310Supreme Court of New Hampshire Hillsborough Decided June 9, 1982 1. Workmen’s Compensation — Finding of Disability — Question of Fact In workmen’s compensation cases the trier of fact has the responsibility for determining the existence of an injury and the extent of any […]

727 A.2d 990 MUNDACA INVESTMENT CORPORATION v. DORIS M. FEBBA a. No. 97-048Supreme Court of New Hampshire Grafton Decided April 16, 1999 1. Commercial Paper — Actions — Governing Law General principles of contract law only apply to negotiable instruments if not displaced by Uniform Commercial Code. RSA 382-A:1-103. 2. Commercial Paper — Liability of […]

441 A.2d 728 THE STATE OF NEW HAMPSHIRE v. DENNIS C. GLIDDEN No. 80-492Supreme Court of New Hampshire Strafford Decided January 20, 1982 1. Statutes — Construction and Application — Penal Statutes A criminal statute must give a person of ordinary intelligence fair notice of the conduct which it proscribes. 2. Statutes — Construction and […]

517 A.2d 1185 MICHAEL ELLIOTT v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE No. 85-465Supreme Court of New Hampshire Hillsborough Decided October 3, 1986 1. Negligence — Independent Contractors — Liability of Party Hiring Exception to the general rule that an employer is not liable for injuries caused by the negligence of an independent contractor, is […]

567 A.2d 999 PATRICK F. CHASSE, SR. v. TOWN OF CANDIA No. 88-310Supreme Court of New Hampshire Rockingham Decided December 29, 1989 1. Property — Servitudes — Equitable Before an equitable servitude will arise by implication, there must be conveyances in conformity with a general plan, so that subsequent takers have constructive notice of an […]

497 A.2d 865 APPEAL OF NET REALTY HOLDING TRUST APPEAL OF ROLLSWORTH TRI-CITY TRUST (New Hampshire Board of Tax and Land Appeals) No. 84-556 No. 84-559Supreme Court of New Hampshire Board of Tax and Land Appeals Decided August 16, 1985 1. Courts — Jurisdiction — Jurisdiction of Subject Matter While irregular procedure in a court […]

740 A.2d 1051 BIANCO PROFESSIONAL ASSOCIATION a. v. THE HOME INSURANCE COMPANY No. 95-589Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided November 5, 1999 Rehearing Granted in Part November 5, 1999 1. Insurance — Policies — Construction Interpretation of an insurance policy is a question of law for supreme court to decide. 2. Insurance […]

590 A.2d 610 ALBERT LEEMAN, SR. a. v. DEAN M. BOYLAN, SR. a. No. 90-277Supreme Court of New Hampshire Strafford Decided May 3, 1991 1. Pleading — Motion To Dismiss — Inferences On appeal from a dismissal on the pleadings, the truth of the facts alleged in the plaintiff’s pleadings and all reasonable inferences therefrom […]

712 A.2d 612 CLAREMONT SCHOOL DISTRICT a. v. GOVERNOR a. (motion to vacate) No. 97-001Supreme Court of New Hampshire Merrimack Decided May 8, 1998 1. Judges — Conditions and Terms of Office — Qualifications The term “retired” in RSA 490:3, II (temporary justices) includes justices over the age of 70. The plain language of the […]

333 A.2d 714 OPINION OF THE JUSTICES No. 7144Supreme Court of New Hampshire Request of House of Representatives Decided March 12, 1975 1. Affirmative action by voters upon either or both of two questions to be submitted pursuant to resolutions of the 1974 Constitutional Convention proposing amendments to part II, article 29 of the New […]

57 A.2d 417 LAURENCE I. DUNCAN, Tr. v. FLORENCE G. Dow, Ex’x. No. 3690.Supreme Court of New Hampshire Rockingham. Decided January 6, 1948. If a probate decree is ambiguous and may be construed in a manner that makes it correct or in another that makes it illegal, the former construction is to be preferred. Unless […]

339 A.2d 721 OPINION OF THE JUSTICES No. 7237Supreme Court of New Hampshire Request of the Senate Decided June 17, 1975 1. “Money bills” within the meaning of part II, article 18 of the State constitution are those that raise money by direct taxation, and they must originate in the house of representatives. 2. Direct […]

766 A.2d 725 THE STATE OF NEW HAMPSHIRE v. SCOTT A. BLAKE. No. 98-437Supreme Court of New Hampshire Grafton Decided February 2, 2001 1. Search and Seizure — Practice and Procedure — AppellateReview Court would review de novo whether stipulated facts supported determination that investigation stop was based on reasonable suspicion defendant had committed a […]

106 A.2d 391 GEORGE A. POIRE a. v. SOPIA SERRA a. No. 4316.Supreme Court of New Hampshire Belknap.Argued June 2, 1954. Decided July 1, 1954. The findings of the Trial Court that the deposits of fill into a river by the defendant, a riparian landowner, was a reasonable use of his property and that such […]

287 A.2d 620 NORMAN R. SIMONEAU v. CITY OF NASHUA. No. 6250.Supreme Court of New Hampshire Hillsborough. Decided January 31, 1972. 1. The statutory presumption of prima facie lawfulness and reasonableness of a zoning board of adjustment’s denial of a variance was not overcome by a record that could not support a finding by the […]

550 A.2d 107 JUNE M. EATON a. v. JEAN M. RIVARD No. 87-409Supreme Court of New Hampshire Rockingham Decided November 4, 1988 Easements — Right-of-Way — Obstructions In action to enjoin obstruction of a right-of-way over defendant’s land, trial court order granting relief to plaintiffs was reversed, where evidence did not support conclusion that there […]

625 A.2d 1056 APPEAL OF MILTON SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board) No. 92-212Supreme Court of New Hampshire Public Employee Labor Relations Board Decided May 20, 1993 1. Schools — Teachers — Collective Bargaining Public Employee Labor Relations Board erred as matter of law in not ruling that automatic renewal clause within […]

22 A.2d 330 ANDREW DAVID SMITH, by his mother and next friend, VIOLET SMITH v. GUY S. BABB. No. 3280.Supreme Court of New Hampshire Strafford. Decided October 7, 1941. The driver of a motor vehicle owes to his passenger only the duty to protect him from perceivable or expectable risks. Action by a passenger in […]

226 A.2d 96 REGINALD F. TORR v. DOVER a. No. 5516.Supreme Court of New Hampshire Strafford.Argued December 7, 1966. Decided January 27, 1967. 1. Where the statute (RSA 199:18) providing that the procedure and remedies in appeals by landowners aggrieved by appraisal of damages for land taken by eminent domain for school purposes shall be […]

664 A.2d 489 JOAN L. AND ALFRED H. THOMPSON, JR. v. THE H.W.G. GROUP, INC., a. No. 93-859Supreme Court of New Hampshire Belknap Decided July 6, 1995 1. Trial — Civil Cases — Procedure Motions for directed verdict and judgment notwithstanding the verdict are essentially the same, though made at different stages of the trial, […]

326 A.2d 260 JANE HEATH v. ROBERT E. JOYCE, JR. No. 6853Supreme Court of New Hampshire Belknap Decided September 30, 1974 1. In allowing a witness to render his opinion that the noise of the defendant’s vehicle sounded “like an engine running at fairly high speed”, the trial court ruled according to the generally accepted […]

599 A.2d 138 In re ESTATE OF PHYLLIS R. NORTON No. 90-527Supreme Court of New Hampshire Cheshire County Probate Court Decided November 8, 1991 1. Property — Joint Ownership — Partition Statute relating to partition of real estate permits compulsory partition only among persons holding estates of the same class, unless petitioner holds a fee […]

744 A.2d 85 THE STATE OF NEW HAMPSHIRE v. ROBERT THERRIEN No. 97-354Supreme Court of New Hampshire Rockingham Decided December 13, 1999 1. Evidence — Generally — Harmless Error Where victim testified without objection that her father treated her like a sex object and had her perform fellatio many times, not only in New Hampshire […]

352 A.2d 732 THEODORE MACK a. v. INDIAN HEAD NATIONAL BANK OF NASHUA No. 7236Supreme Court of New Hampshire Hillsborough Decided February 27, 1976 1. The plaintiff, a debtor in a proceeding under Chapter XI of the Bankruptcy Act, could have brought the present action as a debtor-in-possession to recover the preference paid to the […]

784 A.2d 690 IN THE MATTER OF MAUREEN MORRILL AND BRUCE MORRILL No. 2000-253Supreme Court of New Hampshire Merrimack Decided October 29, 2001 1. Marriage — Domestic Violence — Evidence Statutory standard for the admissibility of evidence in domestic violence proceeding gives a trial court broad discretion in determining admissibility. RSA 173-B:3, VIII. 2. Marriage […]

20 A.3d 977 PROGRESSIVE NORTHERN INSURANCE COMPANY v. ARGONAUT INSURANCE COMPANY a. No. 2010-370.Supreme Court of New Hampshire. Merrimack.Argued: February 16, 2011. Opinion Issued: April 26, 2011. 1. Insurance — Parties; Rights and Duties —Insurer’s Duty To Settle and Defend In New Hampshire, an insurer’s obligation to defend its insured is determined by whether the […]

402 A.2d 493 THE STATE OF NEW HAMPSHIRE v. BUCKMAN ANDREWS OSBORNE No. 78-136Supreme Court of New Hampshire Merrimack Decided May 31, 1979 1. Mental Health — Criminal Offenses — Pretrial Psychiatric Examinations A defendant does not have an absolute right to a second pretrial psychiatric examination. RSA 135:17. 2. Criminal Law — Pretrial Procedure […]

311 A.2d 307 INTERSTATE FIRE CASUALTY COMPANY v. LEE RACEWAY, INC. JOSEPH J. SUIDUT, Individually and Father and Next Friend of JOSEPH A. SUIDUT No. 6709Supreme Court of New Hampshire Strafford Decided October 31, 1973 1. The scope of insurance coverage is construed by considering the policy as a whole in view of all the […]

88 A.2d 306 CHARLES I. BROCK v. RALPH ROBINSON. No. 4093.Supreme Court of New Hampshire Rockingham. Decided April 26, 1952. Refusal of the Court to charge as requested on the causal effect of defendant’s failure to dim the headlights of his vehicle upon meeting the plaintiff’s oppositely approaching vehicle in the nighttime was not Page […]

266 A.2d 828 ELMER B. NICKERSON v. GEORGE T. AIMO a. No. 6050.Supreme Court of New Hampshire Hillsborough. Decided June 30, 1970. 1. A plaintiff has legal standing as a person aggrieved by a ruling of a board of recount under RSA 59:113 to appeal to the equity jurisdiction of superior court when he contests […]

421 A.2d 132 THE STATE OF NEW HAMPSHIRE v. GARDNER G. GREENE, JR. No. 80-132Supreme Court of New Hampshire Laconia District Court Decided September 26, 1980 Arrest — Illegal — Effect An illegal arrest, without more, is neither a bar to subsequent prosecution nor defense to a valid conviction, and whether arrest was legal or […]

208 A.2d 832 STATE v. SUPERIOR COURT. No. 5251.Supreme Court of New Hampshire Original.Argued March 29, 1965. Decided April 13, 1965. 1. In criminal proceedings the Trial Court has inherent power to require the State to produce certain specific objects and writings for inspection under appropriate safeguards and at a time appropriately close to the […]

872 A.2d 1038 REINER’S CASE. No. LD-2005-001.Supreme Court of New Hampshire Original.Argued: April 20, 2005. Opinion Issued: May 6, 2005. 1. Attorneys — Reprimand, Suspension and Disbarment —Suspension A post-suspension hearing is justified because prompt suspension of indicted attorneys is necessary in some instances to protect the public and preserve the integrity of the legal […]

277 A.2d 313 ARTHUR THERIAULT v. RONALD ARTHUR VANASSE. No. 6106.Supreme Court of New Hampshire Hillsborough, Decided April 30, 1971. 1. Where the trial court instructed the jury concerning statutory provisions bearing upon the conduct of a pedestrian but declined to instruct upon a statutory provision bearing upon the conduct of a motor vehicle operator, […]

218 A.2d 62 LEWIS J. FISHER, Adm’r v. PRUDENTIAL INSURANCE COMPANY. No. 5377.Supreme Court of New Hampshire Strafford.Argued October 6, 1965. Decided March 30, 1966. 1. In an action to recover hospitalization benefits under a group insurance contract between an employer and the insurer which provided that only full-time employees were eligible for insurance it […]

65 A.2d 282 IN RE ESTATE EDWIN J. YORK. No. 3822.Supreme Court of New Hampshire Strafford Probate Court. Decided April 5, 1949. Although an inter vivos trust instrument be not executed in accordance with the Statute of Wills the creator of the trust may by testamentary disposition add the residue of his estate to the […]

567 A.2d 996 THE STATE OF NEW HAMPSHIRE v. WILLIAM WHEELER No. 88-487Supreme Court of New Hampshire Merrimack Decided December 28, 1989 1. Criminal Law — State’s Burden of Proof — Generally The law is well-established that the State must prove each element of an offense charged beyond a reasonable doubt before a trier of […]

427 A.2d 20 THE STATE OF NEW HAMPSHIRE v. JOHN W. MIKOLYSKI No. 80-297Supreme Court of New Hampshire Merrimack Decided March 6, 1981 1. Constitutional Law — Right to Counsel — Particular Counsel Public defenders should be used when they are available, and defendants are not entitled to have other counsel appointed absent good reason. […]

818 A.2d 1264 Gregory Marceau d/b/a Concord Heritage Life Agency v. Concord Heritage Life Insurance Company No. 2002-084Supreme Court of New Hampshire MerrimackArgued January 15, 2003 Opinion Issued March 4, 2003 1. Patents, Trademarks and Copyrights — Trademarks and TradeNames — Acquisition and Registration Statement in statutory provision pertaining to name reservation by insurance companies […]

392 A.2d 130 GEORGE W. BRIGHAM, JR. v. HUDSON MOTORS, INC. REWA BRIGHAM, BY HER MOTHER AND NEXT FRIEND, ANDREA D. BRIGHAM v. HUDSON MOTORS, INC. No. 7583Supreme Court of New Hampshire Hillsborough Decided September 27, 1978 1. Trial — Mistrial — Transfer of Questions Questions raised by a party’s exceptions to the trial court’s […]

558 A.2d 454 OPINION OF THE JUSTICES. No. 89-054.Supreme Court of New Hampshire Request of the Senate. Decided April 19, 1989. 1. Constitutional Law — New Hampshire Constitution — Retrospective Laws Constitutional prohibition of retrospective laws prohibits a law from taking away or impairing vested rights, acquired under existing laws. N.H. CONST. pt. 1, art. […]