Category: New Hampshire Court Opinions

499 A.2d 1351 THE STATE OF NEW HAMPSHIRE v. JERRY RUFFING No. 84-354Supreme Court of New Hampshire Grafton Decided October 30, 1985 Searches and Seizures — Evidence — Plain View Where police officers lawfully present on premises observed near the defendant a waterpipe (bong) of the sort used to smoke marijuana, and observed the defendant […]

681 A.2d 97 ETTLINGEN HOMES INC. v. TOWN OF DERRY a. No. 95-115Supreme Court of New Hampshire Rockingham Decided August 12, 1996 1. Zoning and Planning — Generally — Residential Zoning RSA 674:36, II(a) serves to ensure that the town, through its planning board, retains control over its expenditures on the development, improvement, and maintenance […]

373 A.2d 1325 THE STATE OF NEW HAMPSHIRE v. WILLIAM G. KUPCHUN No. 7789Supreme Court of New Hampshire Hillsborough Decided May 27, 1977 1. Appeal and Error — Questions Considered on Appeal — Moot Questions Though defendant’s appeal from order of superior court granting state access to defendant’s medical records of treatment at state hospital […]

45 A.2d 218 WILLIAM R. LOVEJOY (Alfred C. Gaunt, plaintiff in interest) v. ASA ASHWORTH. No. 3560.Supreme Court of New Hampshire Hillsborough. Decided January 2, 1946. A foreign judgment on one cause of action does not conclusively bar a resident defendant from maintaining a plea of equitable set-off to a suit on the judgment as […]

13 A.3d 282 PETITION OF PAUL LUSSIER (New Hampshire Retirement System) No. 2009-658.Supreme Court of New Hampshire. Original.Argued: June 15, 2010. Opinion Issued: November 24, 2010. 1. Public Employees — Retirement System — Generally The New Hampshire Retirement System is a qualified pension trust funded by both member and employer contributions. RSA 100-A:2,:16, 1-II. Page […]

578 A.2d 319 DONALD AND WENDY CROSSLEY v. TOWN OF PELHAM a. No. 88-498Supreme Court of New Hampshire Hillsborough Decided May 24, 1990 1. Zoning — Variances — Review On appeal to superior court from granting of variance, burden on appealing party is to overcome statutory presumption that the municipal action was prima facie lawful […]

49 A.2d 922 PETITION OF ROCHESTER TRUST COMPANY, Tr. No. 3617.Supreme Court of New Hampshire Strafford. Decided December 3, 1946. A bequest “to some strictly Protestant charitable institution which may be organized” in Rochester will not fail for the reason that no such institution there exists but the fund may be applied cy pres to […]

840 A.2d 778 WILLIAM PORTER a. v. TOWN OF SANBORNTON RICHARD ROY a.v. TOWN OF SANBORNTON. No. 2002-680.Supreme Court of New Hampshire BelknapArgued: September 11, 2003. Opinion Issued: December 22, 2003. 1. Taxation — Assessment of Real Property Taxes — Abatement Statutory provisions governing abatement of taxes did not prevent consolidation of multiple petitions where, […]

660 A.2d 1118 JON AND LYNETTE EMERSON v. TOWN OF STRATFORD a. No. 94-014Supreme Court of New Hampshire Colebrook District Court Decided June 14, 1995 1. Costs — Recovery of Costs and Attorney Fees — Generally The monetary relief awarded by the district court for the prevailing party’s time, mileage, postage, and photocopies did not […]

466 A.2d 949 THE STATE OF NEW HAMPSHIRE v. PAUL R. MARCOTTE No. 82-513Supreme Court of New Hampshire Belknap Decided October 5, 1983 1. Evidence — Hearsay — Generally Hearsay is an out-of-court statement offered to prove the truth of the matter asserted in the statement, and is generally inadmissible unless it falls within one […]

27 A.3d 819 APPEAL OF SCHOOL ADMINISTRATIVE UNIT #44 (New Hampshire State Board of Education). No. 2010-161.Supreme Court of New Hampshire. State Board of Education.Argued: March 17, 2011. Opinion Issued: May 26, 2011. 1. Administrative Law — Orders and Regulations — Construction A court will not permit an agency to add or delete requirements through […]

662 A.2d 272 YVONNE MARQUAY a. v. MICHAEL ENO a. No. 93-198Supreme Court of New Hampshire U.S. District Court Decided July 11, 1995 1. Statutes — Maxims and Rules of Construction — Violation as Actionable Wrong Whether or not the common law recognizes a cause of action, plaintiff may maintain an action under an applicable […]

293 A.2d 757 WHITTEN OIL, INCORPORATED v. FIREMAN’S FUND INSURANCE COMPANY a. No. 6257.Supreme Court of New Hampshire Grafton. Decided July 24, 1972. 1. Letter of plaintiff corporation’s president to plaintiff’s insurance agent regarding the date all operations were completed by plaintiff under a contract was an extrajudicial declaration and did not limit the trial […]

765 A.2d 680 THE STATE OF NEW HAMPSHIRE v. JEANNE DONNELLY No. 98-177Supreme Court of New Hampshire Strafford December 27, 2000 1. Criminal Law — Confrontation of Witnesses —Cross-Examination A defendant’s right to cross-examine prosecution witnesses may be restricted when it conflicts with a witness’s right against self-incrimination, and when presented with these competing constitutional […]

117 A.2d 328 CHARLES A. GREGOIRE v. JOSEPH A. PARADIS a. No. 4432.Supreme Court of New Hampshire Hillsborough.Argued October 4, 1955. Decided October 24, 1955. The awarding of a decree for specific performance of a contract to convey real estate is discretionary with the Trial Court and will be granted only if the property can […]

834 A.2d 271 IN RE JUVENILE 2003-189. No. 2003-189.Supreme Court of New Hampshire Claremont District CourtSubmitted: September 12, 2003. Opinion Issued: October 14, 2003. 1. Minors — Rights and Liabilities — Children in Need of Services A school is not a “custodian” for purposes of filing a children in need of services (CHINS) petition. RSA […]

766 A.2d 256 ROBERT M. AND VIRGINIA V. BERGERON v. STATE FARM FIRE AND CASUALTY COMPANY No. 98-257Supreme Court of New Hampshire Belknap Decided November 15, 2000 1. Insurance — Policies — Terms and Phrases The term “building,” as used in homeowners insurance policy, could not reasonably be interpreted to include a dam, and thus […]

69 A.2d 856 GOLDING-KEENE COMPANY v. FIDELITY-PHENIX FIRE INSURANCE COMPANY. No. 3869.Supreme Court of New Hampshire Cheshire. Decided December 6, 1949. The term “vehicle” defined by an insurance policy endorsement as any vehicle “running on land or tracks” is sufficiently broad to include a self-propelled bulldozer which operated on catapillar tracks. The temporary use of […]

864 A.2d 1095 THE STATE OF NEW HAMPSHIRE v. KENDALL M. WATSON. No. 2003-821.Supreme Court of New Hampshire Hillsborough-Northern Judicial District.Argued: September 14, 2004. Opinion Issued: December 10, 2004. 1. Search and Seizure — Warrant Requirement; Exceptions — Consent A voluntary consent free of duress and coercion is a recognized exception to the need for […]

519 A.2d 285 PK’s LANDSCAPING, INC. v. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY No. 85-476Supreme Court of New Hampshire Hillsborough Decided December 5, 1986 1. Judgments — Summary Judgment In considering a motion for summary judgment, trial court is guided by the following principles: (1) it is the moving party’s burden to establish that there […]

129 A.2d 194 IDA R. SANBORN a. v. ALICE R. JOHNSON a. No. 4535.Supreme Court of New Hampshire Merrimack.Argued December 5, 1956. Decided January 31, 1957. Where the defendant nonresident appeared generally at a hearing following which a decree was entered ordering him to convey certain property to another and on supplemental petition he was […]

803 A.2d 1070 PRUDENCE G. MAGOON v. RICHARD J. THOROUGHGOOD No. 2000-834Supreme Court of New Hampshire BelknapArgued May 14, 2002 Opinion Issued July 26, 2002 1. Divorce — Temporary Orders — Restraining Orders In order for a restraining order to trigger federal statute precluding former husband’s ownership or possession of firearms and barring the return […]

660 A.2d 1088 THE ROSSINI SMITH COMPANIES, INC. v. SUSAN P. LOCKE a. No. 94-010Supreme Court of New Hampshire Grafton Decided June 6, 1995 1. Brokers — Commission — Sufficiency of Services A broker is not necessarily deprived of its commission where the owner personally or through agents carries on negotiations that lead to the […]

868 A.2d 1002 JOSEPH W. SANDFORD, JR. v. TOWN OF WOLFEBORO. No. 2004-036.Supreme Court of New Hampshire Carroll.Argued: January 19, 2005. Opinion Issued: March 4, 2005. 1. Easements — Creation — Prescriptive Easements The scope of a prescriptive easement is defined by the character and nature of the use that created it and, because no […]

480 A.2d 887 THE STATE OF NEW HAMPSHIRE v. SEAN D. SHEEDY No. 83-084Supreme Court of New Hampshire Merrimack Decided July 2, 1984 1. Constitutional Law — Equal Protection — Enforcement of Laws In prosecution for wilfully intercepting telephone conversations, where the defendant had alleged that several police departments recorded incoming telephone calls without the […]

266 A.2d 114 In re FRANK F. BUNKER ESTATE PETITION of HENRY W. SHUTE, Ex’r No. 6062Supreme Court of New Hampshire Rockingham Probate Court Decided June 2, 1970 1. Proceedings for advice on questions certified by a probate court to the supreme court under RSA 547:30 on matters that are not within the statutory jurisdiction […]

35 A.2d 802 HELEN WOODBRIDGE v. ANNIE L. DESROCHERS. DONALD E. WOODBRIDGE v. SAME. ELSA W. WOODBRIDGE, by her next friend v. SAME. ELIZABETH HUBBARD, by her next friend v. ANNIE L. DESROCHERS a. E. L. HUBBARD v. SAME. HORTENSE DUNN v. ANNIE L. DESROCHERS a. No. 3442.Supreme Court of New Hampshire Merrimack. Decided January […]

18 A.2d 185 CHARLES D. WHITE v. CHARLES A. SCHNOEBELEN. No. 3201.Supreme Court of New Hampshire Hillsborough. Decided February 4, 1941. No right of action exists for a negligent act or omission to act unless the negligence has produced an injury for which actual and not mere nominal damages are assessable. Where a duty exists […]

54 A.2d 149 NORMAN M. BEAN v. MERCANTILE INSURANCE COMPANY OF AMERICA. No. 3634.Supreme Court of New Hampshire Grafton. Decided June 3, 1947. The Supreme Court will not consider grounds of exceptions to the submission of issues to the jury not specified or called to the court’s attention at the trial. A party is not […]

499 A.2d 1347 ZENANE, INC. v. R. TONIS TOFER, d/b/a OVERSEAS EXPORT CONSULTING, INC. No. 84-264Supreme Court of New Hampshire Hillsborough Decided October 30, 1985 Corporations — Officers and Directors — Liabilities Officer of unregistered foreign corporation who contracted on behalf of the corporation could not be held personally liable on the contract. Boyer P.A., […]

345 A.2d 407 STATE OF NEW HAMPSHIRE v. PHILIP G. ABERIZK No. 7126Supreme Court of New Hampshire Hampton District Court Decided September 30, 1975 1. Police officers may testify in misdemeanor cases they prosecute in the district and municipal courts. 2. In the absence of specific prejudicial events at the trial, a defendant is not […]

244 A.2d 822 THOMAS J. CLAVEAU v. ROBERT L. STARK, Secretary of State a. No. 5833.Supreme Court of New Hampshire Hillsborough.Argued August 15, 1968. Decided August 15, 1968. 1. A filing with the Secretary of State as a candidate in the primary election must be fully completed before 5:00 P.M. on the last day of […]

480 A.2d 158 STEPHEN H. SMITH v. JOAN CAROL SMITH No. 82-290Supreme Court of New Hampshire Hillsborough Decided August 9, 1984 1. Divorce — Jurisdiction of Court — Domicile and Residence Defendant in a divorce action could not on appeal challenge finding of jurisdiction based on domicile, where at trial she had first denied joint […]

208 A.2d 322 STATE v. EDWARD H. COOLIDGE, JR. No. 5316.Supreme Court of New Hampshire Hillsborough.Argued January 8, 1965. Decided March 11, 1965. 1. The provisions of the Fourth Amendment to the United States Constitution are enforceable against the states through the Due Process Clause of the Fourteenth Amendment and all evidence obtained by searches […]

47 A.2d 107 ALPHA L. BOLDUC v. HARRY STEIN. No. 3572.Supreme Court of New Hampshire Strafford. Decided May 7, 1946. A nonsuit was properly ordered, where the evidence was too indefinite to warrant a conclusion in support of the plaintiff’s contention that the defendant should have discovered the plaintiff’s car skidding across the road toward […]

398 A.2d 837 SUSAN K. WRIGHT v. WESLEY D. WRIGHT No. 78-153Supreme Court of New Hampshire Rockingham Decided February 28, 1979 1. Contempt — Criminal Contempt — Circumstances Insufficient In case involving dispute between divorced parties, master’s refusal to proceed with former wife’s motion for criminal contempt was justified where defendant former husband had complied […]

784 A.2d 704 NEW CANAAN BANK TRUST v. STEVEN S. PFEFFER No. 99-565Supreme Court of New Hampshire Grafton Decided November 1, 2001 1. Estoppel — Equitable Estoppel — Particular Cases Where in his defense to bank’s action to collect balance due on promissory note, defendant’s testimony demonstrated that his defense was based upon the bank’s […]

40 A.2d 743 STEPHEN CONNELL v. STATE OIL COMPANY. No. 3495.Supreme Court of New Hampshire Hillsborough. Decided December 5, 1944. The issue of the employer’s negligence was for the jury where he failed to provide a non-explosive electric motor pump for the purpose of pumping water and occasional gasoline from the employer’s repair service pit, […]

81 A.2d 309 SAVIN CONSTRUCTION CO. v. FREDERICK N. CLARKE, Comm’r. No. 4033.Supreme Court of New Hampshire Rockingham. Decided June 5, 1951. A construction company under contract with the State to construct a new highway over land acquired by the State by condemnation proceedings is not liable for the motor vehicle road toll imposed upon […]

205 A.2d 32 STATE v. JAMES E. COLCORD. No. 5270.Supreme Court of New Hampshire Hillsborough.Argued November 4, 1964. Decided November 30, 1964. 1. Accessories after the fact may by statute (RSA 590:2) be tried and convicted either before or after the conviction of the principal and shall be punished in the same manner as the […]

146 A.2d 1 STATE v. JAMES B. SULLIVAN. No. 4689.Supreme Court of New Hampshire Merrimack.Argued October 7, 1958. Decided November 5, 1958. 1. The freedom of elective franchise guaranteed by the Constitution (Pt. I, Art. 11th) is subject to reasonable legislative regulations. 2. It is within the province of the Legislature to declare that an […]

373 A.2d 640 OPINION OF THE JUSTICES No. 7783Supreme Court of New Hampshire Request of the House of Representatives Decided May 16, 1977 1. Constitutional Law — Taxation — Definitions Penalty assessment, under proposed legislation, of $2.00 or 10 percent, whichever was greater, on each fine, penalty or forfeiture imposed by court for a criminal […]

740 A.2d 1044 TAYLOR SOPER v. LINDA PURDY No. 98-047Supreme Court of New Hampshire Grafton Decided October 28, 1999 1. Limitation of Actions — Particular Actions — Contracts Debtor’s agreement that any unpaid interest would continue to be added to “the principal amount owed” implied recognition of a continuing obligation under parties’ previous sales agreement, […]

368 A.2d 1177 STATE OF NEW HAMPSHIRE v. LAWRENCE BLACK No. 7499Supreme Court of New Hampshire Merrimack Decided December 30, 1976 1. The trial court did not abuse its discretion in concluding that the value of three felony convictions ten years earlier, when defendant was seventeen years of age, as bearing on defendant’s credibility outweighed […]

886 A.2d 980 IN THE MATTER OF KATHLEEN QUIGLEY BERG AND EUGENE E. BERG. No. 2005-002.Supreme Court of New Hampshire Hillsborough-Northern Judicial District.Argued: July 13, 2005. Opinion Issued: October 18, 2005. 1. Parent and Child — Generally — Parental Rights and Duties Parental rights are not absolute, but are subordinate to the State’s parens patriae […]

21 A.2d 155 ANNA JAKEL v. BROCKELMAN BROTHERS, INC. No. 3248.Supreme Court of New Hampshire Hillsborough. Decided June 25, 1941. In an action by a customer against the owner of a grocery store for injuries caused by slipping on an alleged vegetable substance upon the floor the plaintiff is bound to prove that the substance […]

196 A.2d 68 CLINTON H. KELLEY, Adm’r v. STATE a. No. 5172.Supreme Court of New Hampshire Grafton.Argued November 5, 1963. Decided December 30, 1963. 1. The intentional or unlawful killing of another does not render the statute regulating the rights of surviving spouses (RSA 560:10-13) and the statute of descent and distribution (RSA ch. 561) […]

645 A.2d 655 APPEAL OF BURLEIGH BRIGGS (New Hampshire Department of Labor Compensation Appeals Board) No. 93-318Supreme Court of New Hampshire Compensation Appeals Board Decided July 6, 1994 1. Administrative Law — Judicial Review — Standards An agency decision or order will not be overturned, absent an error of law, unless it is clearly unjust […]

57 A.2d 151 HARTFORD ACCIDENT INDEMNITY COMPANY v. ROGER WOLBARST a. No. 3699.Supreme Court of New Hampshire Grafton. Decided February 3, 1948. The liability insurance policy provisions required by the financial responsibility act (R. L., c. 122, s. 1, par. VII) to indemnify the insured “against loss by reason of the liability to pay damages […]

474 A.2d 1377 THE STATE OF NEW HAMPSHIRE v. ELDON SIDEBOTHAM No. 82-579Supreme Court of New Hampshire Hillsborough Decided April 9, 1984 1. Searches and Seizures — Standing To Challenge Search — Generally A preliminary inquiry which any court must make before it will consider a motion to suppress evidence based upon an unreasonable search […]

259 A.2d 397 HOWARD W. SIBSON a. v. STATE. No. 5916.Supreme Court of New Hampshire Port Authority. Decided November 28, 1969. 1. Tidewaters are those in which the tide ordinarily ebbs and flows, including the sea, bays, rivers and creeks; however a body or stream of water is not necessarily tidal because under unusual circumstances […]

242 A.2d 76 EVELYN PINDAR v. VERNON PINDAR. No. 5726.Supreme Court of New Hampshire Rockingham.Argued May 7, 1968. Decided May 29, 1968. 1. Where a support order in a decree of divorce provided that the husband pay to the wife a certain monthly payment to continue for three years after the daughter reached twenty-one or […]

374 A.2d 950 THE STATE OF NEW HAMPSHIRE v. THOMAS JOSEPH DORAN No. 7530Supreme Court of New Hampshire Sullivan Decided June 7, 1977 1. Witnesses — Credibility — Prior Inconsistent Statements In prosecution for arson for burning down defendant’s restaurant to collect insurance, where defendant’s son and wife had testified that defendant did not set […]