75 A. 525 WHITCOMB v. J. J. QUINLAN CO. Tr. Supreme Court of New Hampshire Cheshire. Decided February 1, 1910. Where money is deposited upon an agreement that it is to be paid to a vendor of stock when he delivers the certificates, the depositary who temporarily holds both the funds and the stock is […]
Category: New Hampshire Court Opinions
MOODY v. DAVIS, 67 N.H. 300 (1892)
38 A. 464 MOODY a. v. DAVIS, and GILMORE a., Trs. Supreme Court of New Hampshire Rockingham. Decided December, 1892. If, after an executor of a will, to whom the entire property is devised, has filed a bond to pay the debts, the estate is decreed to be and is administered by him as insolvent, […]
STATE v. LANCASTER, 63 N.H. 267 (1884)
STATE v. LANCASTER. Supreme Court of New Hampshire Hillsborough. Decided December, 1884. A state statute requiring citizens of other states to procure a license to sell trees, shrubs, or vines, that may be sold by its own citizens unlicensed, is in conflict with art. 4, s. 2, of the constitution of the United States. Information […]
COLBY v. EXPRESS CO., 77 N.H. 548 (1915)
94 A. 198 EMMA C. COLBY v. AMERICAN EXPRESS CO. Supreme Court of New Hampshire Merrimack. Decided May 4, 1915. Where goods delivered to an express company for carriage to another state are lost in transit, the rights and liabilities of the parties are governed by federal law. Under federal law, a regulation filed with […]
STATE v. DUMONT, 122 N.H. 866 (1982)
451 A.2d 1286 THE STATE OF NEW HAMPSHIRE v. RONALD DUMONT No. 82-009Supreme Court of New Hampshire Strafford Decided October 12, 1982 1. Criminal Law — Sentence — Constitutionality To violate the New Hampshire Constitution, a sentence must be grossly disproportionate to the crime. 2. Criminal Law — Sentence — Length Where defendant, a first […]
BERGERON v. STATE FARM FIRE AND CAS. Co., 145 N.H. 391 (2000)
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 […]
NAWN v. RAILROAD, 77 N.H. 299 (1914)
91 A. 181 THOMAS NAWN, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided June 2, 1914. Where the victim of an accident makes a statement respecting the cause of his injury immediately upon regaining consciousness, the conclusion of the trial court that such declaration is so connected with the main transaction […]
ST. LOUIS v. RAILROAD, 83 N.H. 538 (1929)
145 A. 263 LEON ST. LOUIS v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided March 5, 1929. Where entries proffered as statements in the regular course of business have been made by various persons, the production of one verifying witness may be sufficient, subject to the discretionary power of the trial court […]
DERRY v. ROCKINGHAM, 64 N.H. 499 (1888)
14 A. 866 DERRY v. COUNTY OF ROCKINGHAM. Supreme Court of New Hampshire Rockingham. Decided June, 1888. Overseers of the poor are not required to remove a county pauper to the county poor-farm when so directed by the county commissioners, if the removal would endanger the life or health of the pauper. SMITH, J. This […]
HILL v. GOODWIN, 56 N.H. 441 (1876)
HILL v. GOODWIN. Supreme Court of New Hampshire HILLSBOROUGH COUNTY. Decided March 21, 1876. Mandamus — Elections — Correction of town records — Government of town-meetings. It is the duty of a town-clerk to record the votes as publicly declared by the moderator. His duty in this respect is purely ministerial. A writ of mandamus […]
STATE v. KUPCHUN, 117 N.H. 412 (1977)
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 […]
LOVEJOY v. ASHWORTH, 94 N.H. 8 (1946)
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 […]
PETITION OF LUSSIER, 161 N.H. 153 (2010)
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 […]
CROSSLEY v. TOWN OF PELHAM, 133 N.H. 215 (1990)
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 […]
GUILFOY v. U.S. AUTO. ASSOC., 153 N.H. 461 (2006)
STEPHEN F. GUILFOY a. v. UNITED SERVICES AUTOMOBILE ASSOCIATION. No. 2005-581.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: March 9, 2006. Opinion Issued: April 27, 2006. 1. Insurance — Policies — Terms and Phrases “Loss of familial relationship” is a consequential damage derivative of the original underlying bodily injury. As such, it does not constitute […]
DILLON v. RAILWAY, 73 N.H. 367 (1905)
62 A. 93 DILLON, Adm’r, v. HUDSON, PELHAM SALEM ELECTRIC RAILWAY CO. Supreme Court of New Hampshire Hillsborough. Decided October 3, 1905. In an action for negligently causing death, the earning capacity of the decedent may properly be considered in the assessment of damages, although he never engaged in a gainful occupation and probably never […]
PETITION ROCHESTER TRUST CO., 94 N.H. 207 (1946)
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 […]
PORTER v. TOWN OF SANBORNTON, 150 N.H. 363 (2003)
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, […]
EMERSON v. TOWN OF STRATFORD, 139 N.H. 629 (1995)
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 […]
STATE v. LAVOIE, 78 N.H. 99 (1916)
97 A. 566 STATE v. WILFRID LAVOIE. STATE v. ALFRED MORIN. Supreme Court of New Hampshire Hillsborough. Decided January 4, 1916. The term, “works of necessity,” within the meaning of the exception in the Sunday law (P. S., c. 271, s. 3), prohibiting labor on that day has the same restricted meaning as in earlier […]
YOUNG v. BURNETT, 81 N.H. 163 (1923)
127 A. 435 ALEC J. YOUNG v. JOHN BURNETT. Supreme Court of New Hampshire Hillsborough. Decided December 4, 1923. A signer of a joint promissory note is entitled to contribution from his co-signer though at the time of payment the holder’s action against the co-signer had become barred by limitation. ASSUMPSIT, to recover contribution of […]
STATE v. MARCOTTE, 124 N.H. 61 (1983)
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 […]
APPEAL OF SCH. ADMIN. UNIT #44, 162 N.H. 79 (2011)
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 […]
CHASE v. CORSON, 67 N.H. 598 (1893)
32 A. 775 CHASE a. v. CORSON. Supreme Court of New Hampshire Strafford. Decided December, 1893. ASSUMPSIT, for money paid for repairs of a steam boiler which the plaintiffs bought of the defendant. Subject to exception, the plaintiffs were permitted to amend by filing a count for a breach of the defendant’s warranty of the […]
MARQUAY v. ENO, 139 N.H. 708 (1995)
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 […]
WHITTEN OIL, INC. v. FIREMAN’S FUND INS. CO., 112 N.H. 257 (1972)
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 […]
STATE v. DONNELLY, 145 N.H. 562 (2000)
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 […]
WYATT’S CASE, 159 N.H. 285 (2009)
WYATT’S CASE. No. LD-2009-002.Supreme Court of New Hampshire. Original.Argued: June 16, 2009. Opinion Issued: September 18, 2009. 1. Guardianship — Generally — Nature ofOffice Conservators were originally called guardians, and a conservator has the same powers and obligations as a guardian in so far as they relate to the property of the ward. A conservatorship […]
DOUGLASS v. COMPANY, 76 N.H. 254 (1911)
81 A. 1086 DOUGLASS v. BELKNAP SPRINGS LAND CO. a. Supreme Court of New Hampshire Belknap. Decided December 5, 1911. Where house-lots are conveyed by reference to a recorded plan which shows the subdivisions of a tract of land with appropriate streets, the original grantor and his successors in title are estopped to deny the […]
GREGOIRE v. PARADIS, 100 N.H. 21 (1955)
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 […]
IN RE JUVENILE 2003-189, 150 N.H. 155 (2003)
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 […]
WHITE v. SCHNOEBELEN, 91 N.H. 273 (1941)
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 […]
THORNDIKE v. THORNDIKE, 154 N.H. 443 (2006)
TOWNSEND D. THORNDIKE v. CHARLES E. THORNDIKE. No. 2005-737.Supreme Court of New Hampshire Belknap.Argued: September 13, 2006. Opinion Issued: November 30, 2006. 1. Limitation of Actions — Accrual of Actions — Continuing Causes of Action When a tort is of a continuing nature, although the initial tortious act may have occurred longer than the statutory […]
BEAN v. INSURANCE COMPANY, 94 N.H. 342 (1947)
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 […]
ZENANE, INC. v. TOFER, 127 N.H. 366 (1985)
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., […]
HANOVER PRECINCT v. ATKINS, 78 N.H. 308 (1916)
99 A. 293 VILLAGE PRECINCT OF HANOVER v. JOEL C. ATKINS. Supreme Court of New Hampshire Grafton. Decided November 8, 1916. A by-law of a village precinct which in general terms declares that no person shall set up any “business which shall more immediately expose the precinct to destruction by fire,” but lays down no […]
STATE v. ABERIZK, 115 N.H. 535 (1975)
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 […]
GOLDING-KEENE CO. v. INSURANCE COMPANY, 96 N.H. 64 (1949)
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 […]
GOULD v. BLODGETT, 61 N.H. 115 (1881)
GOULD v. BLODGETT. Supreme Court of New Hampshire Coos. Decided June, 1881. If an agent, for the sale of a chattel, delivers it to his creditor in payment of his own preexisting debt, the owner may maintain trover against the creditor without a previous demand. The unauthorized delivery of the property by the agent to […]
OPINION OF THE JUSTICES, 56 N.H. 570 (1875)
OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided June 3, 1875. Election of Senators — The senate final judges. By Article XXXV of the constitution, the senate are made “final judges of the elections, returns, and qualifications of their own members.” When the senate, in pursuance of this power, have adjudged that a […]
THOMPSON v. RAILROAD, 58 N.H. 524 (1879)
THOMPSON v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Strafford. Decided March, 1879. In actions of tort the plaintiff is generally not entitled to interest on his damages, when he refused, before suit, to accept for damages a sum larger than he was entitled to. CASE, for damages by fire from the defendants’ engine. […]
STATE v. FARR, 160 N.H. 803 (2010)
THE STATE OF NEW HAMPSHIRE v. BRYAN T. FARR. No. 2009-234.Supreme Court of New Hampshire. Cheshire.Argued: March 31, 2010. Opinion Issued: October 19, 2010. 1. Criminal Law — Double Jeopardy —Generally New Hampshire’s Double Jeopardy Clause provides, in part, that no subject shall be liable to be tried, after an acquittal, for the same crime […]
STATE v. GERRY, 68 N.H. 495 (1896)
38 A. 272 STATE v. GERRY. Supreme Court of New Hampshire Merrimack. Decided June, 1896. Under the constitution, no one without his consent can be sentenced or punished for any criminal offence not within the jurisdiction of a justice of the peace until he is found guilty by the verdict of a jury. A person […]
STATE v. WATSON, 151 N.H. 537 (2004)
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 […]
WHITCOMB v. STRAW, 62 N.H. 650 (1883)
WHITCOMB v. STRAW. Supreme Court of New Hampshire Grafton. Decided June, 1883. An attorney’s lien on a judgment recovered by his client is security for taxable costs only. The plaintiff recovered a judgment against the defendant on which his counsel claimed a lien for their fees and disbursements. At the same term, in another action, […]
MacDONALD v. RAILWAY, 71 N.H. 448 (1902)
52 A. 982 MacDONALD a. v. GRAND TRUNK RAILWAY CO. Supreme Court of New Hampshire Coos. Decided June 3, 1902. A judgment for the defendant on the merits, rendered by a foreign court having jurisdiction of the parties and the subject-matter, in a suit upon a cause of action arising within this state is a […]
APPEAL OF ELLEN ST. LOUIS, 2010-531 (N.H. 12-8-2011)
APPEAL OF ELLEN ST. LOUIS (New Hampshire Department of Employment Security). No. 2010-531Supreme Court of New Hampshire Department of Employment SecurityArgued: May 12, 2011 Opinion Issued: December 8, 2011 Nixon, Raiche, Vogelman, Barry, Slawsky Simoneau, P.A., of Manchester (Leslie C. Nixon and Kirk C. Simoneau on the brief, and Mr. Simoneau orally), for the petitioner. […]
BARKER v. YOUNG, 80 N.H. 447 (1922)
119 A. 330 JOHN W. BARKER v. OSCAR L. YOUNG a. Supreme Court of New Hampshire Merrimack. Decided October 31, 1922. Under the constitution, Part II, art. 28, citizenship for seven years is a requisite of election to the office of senator. A certiorari is granted not as a matter of right, but as a […]
PK’s LANDSCAPING, INC. v. N.E. TELEPHONE CO., 128 N.H. 753 (1986)
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 […]
JACOBS v. CROYDON, 67 N.H. 591 (1891)
27 A. 172 JACOBS v. CROYDON. Supreme Court of New Hampshire Sullivan. Decided December, 1891. CASE, for injuries from a defective highway. Verdict for the plaintiff. The plaintiff testified on cross-examination that he had previously been injured by a defective highway in another town, and had brought an action for the injury. After examining him […]
SANBORN v. JOHNSON, 100 N.H. 428 (1957)
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 […]
MAGOON v. THOROUGHGOOD, 148 N.H. 139 (2002)
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 […]
ROSSINI SMITH COS. v. LOCKE, 139 N.H. 572 (1995)
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 […]
FORD v. FORD, 89 N.H. 292 (1938)
197 A. 824 LORENZO D. H. FORD, Ap’t v. KARI L. FORD, Ap’ee. Supreme Court of New Hampshire Strafford. Decided March 1, 1938. On the issue of devisavit vel non the fact that the person charged with procurement of the will by undue influence was not present at its execution does not conclusively establish his […]
SANDFORD v. TOWN OF WOLFEBORO, 152 N.H. 1 (2005)
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 […]
STATE v. SHEEDY, 125 N.H. 108 (1984)
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 […]
IN RE BUNKER ESTATE, 110 N.H. 285 (1970)
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 […]
THOMAS v. HARRINGTON, 72 N.H. 45 (1903)
54 A. 285 THOMAS v. HARRINGTON a. Supreme Court of New Hampshire Grafton. Decided February 3, 1903. Where a contract for laying water-pipe necessarily requires an excavation which renders a highway dangerous for public travel, the party causing such work to be done cannot escape liability to one who is injured by driving into the […]
WOODBRIDGE v. DESROCHERS, 93 N.H. 87 (1944)
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 […]
JUTRAS v. COMPANY, 84 N.H. 171 (1929)
147 A. 753 LAURA JUTRAS v. AMOSKEAG MANUFACTURING Co. Supreme Court of New Hampshire Hillsborough. Decided November 5, 1929. In case by a servant against his master for injuries received by reason of an unsafe work-place the negligence of a fellow-servant is a bar if the master has accepted the workmen’s compensation act. In such […]
IN THE MATTER OF BERG BERG, 152 N.H. 658 (2005)
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 […]
EDDY v. LIFE INS. CO., 65 N.H. 27 (1888)
18 A. 89 EDDY v. PHOENIX MUTUAL LIFE INSURANCE COMPANY. Supreme Court of New Hampshire Merrimack. Decided December, 1888. Stipulations for a forfeiture are to be strictly construed. A “paid up” policy in a mutual life insurance company is not forfeited by failure to pay the interest on premium notes given on the original policy, […]
HUGHES v. CAVANAUGH, 79 N.H. 362 (1920)
109 A. 48 BARNEY F. HUGHES v. JAMES CAVANAUGH. Supreme Court of New Hampshire Hillsborough. Decided February 3, 1920. On cross-examination of an expert, a physician, who testified he had seen a report interpreting an x-ray picture but that the negative was then broken, the question “Did anyone object to your taking another x-ray?” was […]
JAKEL v. BROCKELMAN, 91 N.H. 453 (1941)
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 […]
KELLEY v. STATE, 105 N.H. 240 (1963)
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) […]
HOLMES v. ALEXANDER, 82 N.H. 380 (1926)
134 A. 536 HARRY B. HOLMES, Trustee, v. ALICE G. ALEXANDER a. Supreme Court of New Hampshire Cheshire. Decided June 24, 1926. In a devise over to the heirs at law of the testatrix after a gift for life, the words “heirs at law,” considered in connection with other language of the will, were construed […]
CLAVEAU v. STARK, 109 N.H. 149 (1968)
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 […]
RICHARDSON v. COMPANY, 80 N.H. 278 (1922)
115 A. 917 ISRAEL C. RICHARDSON v. EMPIRE CREAM SEPARATOR CO. Supreme Court of New Hampshire Grafton. Decided January 3, 1922. If there is any substantial evidence upon which a jury may find for the defendant, his exception to the direction of a verdict for the plaintiff must be sustained. ASSUMPSIT, to recover a commission […]
SMITH v. SMITH, 125 N.H. 336 (1984)
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 […]
STATE v. COOLIDGE, 106 N.H. 186 (1965)
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 […]
PRADED v. MAGOWN, 88 N.H. 405 (1937)
190 A. 287 TONY PRADED, by his father and next friend v. CHARLES MAGOWN. JOE PRADED v. SAME. Supreme Court of New Hampshire Sullivan. Decided February 2, 1937. The law of the road (P.L., c. 90, s. 1) regulates only the conduct of those meeting and passing each other on the highway with vehicles and […]
BOLDUC v. STEIN, 94 N.H. 89 (1946)
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 […]
CHATMAN v. BRADY, 162 N.H. 362 (2011)
DANA CHATMAN v. JAMBS BRADY a. No. 2010-707.Supreme Court of New Hampshire. Strafford.Argued: June 9, 2011. Opinion Issued: September 15, 2011. 1. Criminal Law — Judgment and Sentence —Statutory Provisions The plain language of the immunity statute in the Criminal Code, read within the sentencing scheme, demonstrates that it is limited to “uncompensated public service” […]
TUCKER v. CHICK, 67 N.H. 77 (1889)
37 A. 672 TUCKER a. v. CHICK, and BEACHAM, Tr. TUCKER v. SAME. ROCHESTER SAVINGS BANK v. SAME. SOMERSWORTH NATIONAL BANK v. SAME. HARGRAVES v. SAME. SOMERSWORTH SAVINGS BANK v. SAME. Supreme Court of New Hampshire Strafford. Decided December, 1889. The failure of all the creditors of an insolvent to file their claims within the […]
APPEAL OF TOWN OF DEERFIELD, 2010-764 (N.H. 10-27-2011)
APPEAL OF TOWN OF DEERFIELD (New Hampshire Public Employee Labor Relations Board). No. 2010-764Supreme Court of New Hampshire Public Employee Labor Relations BoardArgued: September 21, 2011 Opinion Issued: October 27, 2011 Nolan Perroni Harrington, LLP, of Lowell, Massachusetts (Kevin E. Buck on the brief and orally), for the petitioner. Upton Hatfield, LLP, of North Conway […]
WRIGHT v. WRIGHT, 119 N.H. 102 (1979)
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 […]
FOSTER v. CLARK, 61 N.H. 29 (1881)
FOSTER a., Ex’rs, App’ts, v. CLARK, Adm’r. Supreme Court of New Hampshire Hillsborough. Decided June, 1881. The right of appeal given by Gen. Laws, c. 200, s. 1, to any creditor of an insolvent estate who is dissatisfied with the decision of the commissioner upon any claim by him exhibited, is not affected by the […]
NEW CANAAN BANK TRUST v. PFEFFER, 147 N.H. 121 (2001)
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 […]
TURNER v. TURNER, 85 N.H. 249 (1931)
157 A. 532 ALBERT P. TURNER v. HELEN E. TURNER. Supreme Court of New Hampshire Rockingham. Decided December 1, 1931. Jurisdiction does not exist to declare an annulment of a marriage entered into in this state if neither party has been at any time a resident herein. PETITION, for annulment of a marriage. The parties […]
CONNELL v. COMPANY, 93 N.H. 244 (1944)
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, […]
SAVIN CO. v. CLARKE, 97 N.H. 86 (1951)
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 […]
DUNTLEY v. RAILROAD, 66 N.H. 263 (1890)
20 A. 327 DUNTLEY v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Strafford. Decided June, 1890. Common carriers may, by reasonable regulation, make their rates for transporting live animals to depend on the value of the animals as given by the shipper, and may limit their liability in case of loss to the valuation […]
STATE v. COLCORD, 106 N.H. 90 (1964)
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 […]
STATE v. SULLIVAN, 101 N.H. 429 (1958)
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 […]
OPINION OF THE JUSTICES, 117 N.H. 382 (1977)
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 […]
SOPER v. PURDY, 144 N.H. 268 (1999)
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, […]
SHEPARD v. ASSOCIATION, 68 N.H. 611 (1895)
44 A. 530 SHEPARD v. PROVIDENT MUTUAL RELIEF ASSOCIATION. Supreme Court of New Hampshire Merrimack. Decided December, 1895. ASSUMPSIT. Facts found by the court. The plaintiff is the executor of the will of James Bradford, and seeks to recover the amount of a benefit in the defendant association. The by-laws of the association provide that […]
STATE v. BLACK, 116 N.H. 836 (1976)
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 […]
APPEAL OF HARLEYSVILLE, 156 N.H. 532 (2007)
APPEAL OF HARLEYSVILLE INSURANCE COMPANY (New Hampshire Compensation Appeals Board). No. 2007-146.Supreme Court of New Hampshire. Compensation Appeals Board.Argued: October 17, 2007. Opinion Issued: December 7, 2007. 1. Workers’ Compensation — Persons Within Act — Employment Relationship To impose liability on a contractor for the uninsured employees of a subcontractor, there must be a “contractor […]
DAVIS v. COMPANY, 77 N.H. 403 (1914)
92 A. 732 MEANDER H. DAVIS v. NEW ENGLAND COTTON YARN CO. Supreme Court of New Hampshire Strafford. Decided December 1, 1914. In an action for damages caused by a vendee’s refusal to accept lumber in accordance with his agreement, the plaintiff is entitled to recover the difference between the contract price and the amount […]
IN RE KOTEY M., 158 N.H. 358 (2009)
IN RE KOTEY M. No. 2008-705.Supreme Court of New Hampshire. Dover Family Division.Argued: January 15, 2009. Opinion Issued: February 18, 2009. 1. Minors — Crimes and Delinquency — Proceedings Competency of a juvenile to stand trial, commonly referred to as the “Dusky standard,” requires that the juvenile have: (1) sufficient present ability to consult with […]
DALTON v. STANLEY SOLAR STOVE, INC., 137 N.H. 467 (1993)
629 A.2d 794 ROBERT DALTON v. STANLEY SOLAR STOVE, INC. No. 92-459Supreme Court of New Hampshire Nashua District Court Decided July 27, 1993 1. Sales — Warranties — Implied Warranty of Fitness for Particular Purpose Implied warranty of fitness for a particular purpose does not arise out of an agreement between seller and buyer; rather, […]
STATE v. ROUBO, 140 N.H. 409 (1995)
666 A.2d 1356 THE STATE OF NEW HAMPSHIRE v. MICHAEL ROUBO No. 93-713Supreme Court of New Hampshire Belknap Decided November 6, 1995 1. Evidence — Hearsay — Particular Cases Where police officer testified early in trial that defendant’s roommate stated he had been out on night in question, trial court properly admitted hearsay statement made […]
EMERY v. HILL, 67 N.H. 330 (1892)
39 A. 266 EMERY a. v. HILL a. Supreme Court of New Hampshire Merrimack. Decided December, 1892. A transfer of all its property and business by a partnership to a corporation formed by the former members of the partnership and others, and the occupation by the corporation, under such transfer, of real estate leased to […]
CROCKER v. COMPANY, 99 N.H. 330 (1954)
110 A.2d 271 MICHAEL CROCKER v. W. W. WYMAN, INC. No. 4360.Supreme Court of New Hampshire Cheshire.Argued December 7, 1954. Decided December 31, 1954. Where damage to the plaintiff’s building situated relatively close to a public highway could have been caused by some agency or instrumentality other than the dynamite explosion set off by the […]
ESTATE OF CROTEAU v. CROTEAU, 143 N.H. 177 (1998)
722 A.2d 464 ESTATE OF RITA L. CROTEAU v. GEORGE D. CROTEAU No. 96-544Supreme Court of New Hampshire Hillsborough County Probate Court December 8, 1998 1. Property — Joint Tenancy — Severance The intent of the parties controls when analyzing whether a joint tenancy has been served. Page 178 2. Appeal and Error — Standards […]
APPEAL OF BRIGGS, 138 N.H. 623 (1994)
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 […]
HARTFORD IND. CO. v. WOLBARST, 95 N.H. 40 (1948)
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 […]
HEALY v. HEALY, 76 N.H. 504 (1912)
85 A. 156 HEALY a. v. HEALY a. Supreme Court of New Hampshire Hillsborough. Decided November 6, 1912. Where claimants of property have entered into a written contract respecting it under a mutual mistake as to their legal rights, those jeopardized thereby are entitled to rescind when such a course will furnish them needed relief […]
STATE v. SIDEBOTHAM, 124 N.H. 682 (1984)
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 […]