Category: New Hampshire Court Opinions

21 A.2d 161 TRAVELERS INSURANCE COMPANY a.v. REBECCA MARCOUX a. No. 3243.Supreme Court of New Hampshire Hillsborough. Decided June 25, 1941. The issue of permissive use of a motor vehicle by a person whom the owner’s agent had authorized to use it for the owner’s business depends upon whether the car was actually being used […]

493 A.2d 1207 UNWAR J. SAMAHA v. GRAFTON COUNTY a. No. 84-121Supreme Court of New Hampshire Grafton Decided May 28, 1985 1. Statutes — Construction and Application — Plain Meaning In interpreting a statute, the plain meaning of its language is first reviewed. 2. Contracts — Employment Contracts — Generally Factors such as managerial and […]

24 A.2d 273 ANNIE L. SANDWELL v. ELLIOTT HOSPITAL. No. 3277.Supreme Court of New Hampshire Hillsborough. Decided January 6, 1942. As between the owner of premises and one entering thereon, the relationship of “business visitor” depends upon the existence of a mutual benefit of the visit to the entrant and to the possessor of the […]

727 A.2d 1003 GAIL S. HOFFMAN v. WALTER E. HOFFMAN, JR. No. 97-730Supreme Court of New Hampshire Rockingham Decided April 21, 1999 1. Divorce — Practice and Procedure — Review Trial court in divorce proceeding has broad discretion in determining and ordering distribution of property in marital estate, and court on appeal will not overturn […]

785 A.2d 412 ANDREW S. KAPLAN a. v. BOOTH CREEK SKI GROUP, INC. a. No. 98-560Supreme Court of New Hampshire Grafton Decided November 20, 2001 1. Corporations — Corporate Powers — Takeovers Takeover Act on its face is ambiguous as to whether the legislature intended the “acquisition of, offer to acquire, or request or invitation […]

247 A.2d 515 STATE v. MAURICE J. CHAREST. STATE v. JAMES COSTA. No. 5741.Supreme Court of New Hampshire Belknap.Argued September 5, 1968. Decided October 31, 1968. 1. Indictments alleging the breaking and entering a dwelling in the daytime with intent to commit larceny and describing the offense in the words of the statute (RSA 583:4) […]

769 A.2d 344 ROBERT J. KOWALSKI v. CEDARS OF PORTSMOUTH CONDOMINIUM ASSOCIATION No. 98-627Supreme Court of New Hampshire Portsmouth District Court March 13, 2001 1. Equity — Relief — Particular Cases Trial court did not err in granting condominium owner’s unjust enrichment claim against condominium association, where association wrongfully obtained commissions from owner by selling […]

367 A.2d 1320 STATE OF NEW HAMPSHIRE v. ROBERT G. BREEST No. 6783Supreme Court of New Hampshire Merrimack Decided December 17, 1976 1. On motions for dismissal and for a directed verdict for the defendant, the evidence must be construed most favorably to the State. On the evidence in this case viewed in its entirety, […]

296 A.2d 921 WALTER L. HENDERSON v. ROBERT L. STARK, SECRETARY OF STATE. No. 6528.Supreme Court of New Hampshire Original. Decided October 31, 1972. 1. A successful primary election write-in candidate who failed to advise the secretary of state that he accepted his nomination was not entitled to have his name placed on the general […]

400 A.2d 1175 THE STATE OF NEW HAMPSHIRE v. DANIEL B. FIELDS No. 78-258Supreme Court of New Hampshire Belknap Decided April 13, 1979 1. Indictment and Information — Complaint — Sufficiency Statute which provides that any writ, declaration, plea, complaint and warrant or other process made by a sheriff, deputy sheriff, police officer, constable or […]

329 A.2d 144 SPECTRUM ENTERPRISES, INC. v. THE HELM CORP. No. 6941Supreme Court of New Hampshire Rockingham Decided November 29, 1974 1. The “plain meaning” rule governing the interpretation of contracts compels a court to exclude extrinsic evidence that would contradict the plain meaning of the terms of a contract once that meaning had been […]

529 A.2d 386 DAVID HESS v. ROBERT K. TURNER, DIRECTOR, DIVISION OF MOTOR VEHICLES No. 87-091Supreme Court of New Hampshire Merrimack Decided July 10, 1987 1. Motor Vehicles — Alcohol Tests — Prerequisites The way the attorney general chooses, in his discretion, to implement the implied consent warning statute does not determine what the statute […]

703 A.2d 1366 MIAMI SUBS CORPORATION v. MURRAY FAMILY TRUST AND KENNETH DASH PARTNERSHIP No. 95-607Supreme Court of New Hampshire Hillsborough-northern judicial district Decided December 30, 1997 1. Joint Ventures — Generally — Governing Law A joint venture is an association of two or more persons formed to carry out a single business enterprise for […]

313 A.2d 129 ELSIE FORBES v. BRENDA LEE BOYNTON a. No. 6521Supreme Court of New Hampshire Grafton Decided November 30, 1973 1. New Hampshire resident negligently injured by New York resident in an automobile accident in Maine may obtain quasi-in-rem jurisdiction Page 618 over New York resident by trustee process attachment in New Hampshire of […]

156 A.2d 768 CITIZENS NATIONAL BANK v. ST. PETERS LODGE OF MASONS a. No. 4783.Supreme Court of New Hampshire Merrimack.Submitted December 2, 1959. Decided December 31, 1959. 1. Where the residuary clause of a testamentary trust provided that the income was to be paid to certain named beneficiaries during their natural lives and the balance […]

710 A.2d 404 JOYCE BISSETT, EXECUTRIX OF THE ESTATE OF FLORENCE MERCHANT v. THEODORE RENNA, M.D. No. 96-375Supreme Court of New Hampshire Hillsborough-northern judicial district Decided May 19, 1998 1. Physicians and Surgeons — Malpractice Proceedings — Expert Testimony The decision whether to qualify a witness as an expert in a medical malpractice action is […]

121 A.2d 317 STATE v. GOFFSTOWN. No. 4484.Supreme Court of New Hampshire Hillsborough.Argued February 21, 1956. Decided March 6, 1956. The legislative grant of authority to the State Water Pollution Commission to direct a town to cease the discharge of raw or inadequately treated wastes from its municipal disposal system into the Piscataquog River in […]

211 A.2d 400 STATE v. JOSEPH F. UMBRELLO, JR. No. 5309.Supreme Court of New Hampshire Keene District Court.Argued April 6, 1965. Decided June 30, 1965. 1. A loaded tear gas pencil which could not be used except with alteration or adaptation for any purpose other than the discharge of tear gas was held not to […]

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. […]

674 A.2d 983 COMMUNITY TV CORP. v. TOWN OF BELMONT AND TOWN OF MEREDITH No. 94-863Supreme Court of New Hampshire Belknap Decided April 17, 1996 1. Statutes — Generally — Construction 47 U.S.C. § 546 (h) imposes only two requirements on informal cable franchise renewals: the cable operator must submit a proposal for renewal, and […]

436 A.2d 1140 DAVID J. CLOUTIER v. THE GREAT ATLANTIC PACIFIC TEA COMPANY, INC. No. 80-305Supreme Court of New Hampshire Merrimack Decided October 30, 1981 1. Labor Relations — Employment at Will — Discharge The common law rule that, in the absence of an employment contract, both parties are free to terminate the employment relationship […]

401 A.2d 1060 JACK E. MELTON, SUPERINTENDENT OF THE LACONIA STATE SCHOOL AND TRAINING CENTER AND AMY PERRY v. THE PERSONNEL COMMISSION OF THE STATE OF NEW HAMPSHIRE AND THE STATE EMPLOYEES’ ASSOCIATION AND MARIANNE FIELDS No. 78-168Supreme Court of New Hampshire Personnel Commission Decided May 9, 1979 1. Certiorari — Function of Writ Certiorari […]

490 A.2d 796 MICHAEL B. KING v. JOHN H. SUNUNU, GOVERNOR, AND ROBERT L. BRUNELLE, EDUCATION COMMISSIONER No. 84-557Supreme Court of New Hampshire Merrimack Decided March 27, 1985 1. Statutes — Repeal A “repeal” of a statute is effectuated if an entire act or section is abrogated. 2. Statutes — Suspension The “suspension” of a […]

92 A.2d 408 NEW ENGLAND TELEPHONE TELEGRAPH COMPANY v. STATE. No. 4184.Supreme Court of New Hampshire Public Utilities Commission. Decided November 14, 1952. MOTION, in aid of an appeal under R.L., c. 414, as amended by Laws 1951, c. 203, seeking suspension of an order of the Public Utilities Commission entered on September 29, 1952, […]

178 A.2d 507 STATE v. DONALD C. MURRAY. No. 5026.Supreme Court of New Hampshire Original.Argued February 7, 1962. Decided March 1, 1962. 1. A municipal court has the power in a hearing on extradition to release the respondent on bail and to grant a continuance to the state to permit it to produce presently unavailable […]

732 A.2d 414 THE STATE OF NEW HAMPSHIRE v. ANTONIO MARTI No. 96-648Supreme Court of New Hampshire Strafford Decided June 21, 1999 1. Criminal Law — Prosecutorial Conduct — Discretion ofProsecutor A prosecutor may not exercise discretion to bring a criminal charge with aim of punishing lawful exercise of right to appeal; due process demands […]

13 A.3d 262 CITY OF MANCHESTER v. SECRETARY OF STATE a. RYAN CASHIN a. v. CITY OF MANCHESTER. No. 2009-791.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: June 15, 2010. Opinion Issued: November 10, 2010. 1. Municipal Law — Construction of Ordinances — Preemption The preemption doctrine flows from the principle that municipal legislation is […]

306 A.2d 778 MAURICE P. BOIS a. v. CITY OF MANCHESTER a. No. 6526Supreme Court of New Hampshire Hillsborough Decided June 29, 1973 1. Zoning board’s consideration on appeal of the merits of a building commissioner’s denial of a second application for variance for a use that materially differed in nature and degree from a […]

648 A.2d 206 GERALD AND JANICE PAGE v. WILLIAM WILLEY d/b/a SLEEPING BEAR CONSTRUCTION No. 93-186Supreme Court of New Hampshire Strafford Decided September 26, 1994 1. Appeal and Error — Plain Error — Generally If trial court misapplies the law to its factual findings, the result is reviewed under a plain error standard. 2. Contracts […]

409 A.2d 782 ALLSTATE INSURANCE COMPANY v. JOSEPH I. CARR, JR., JANET CARR AND SUSAN WARGO, ADMINISTRATRIX OF ESTATE OF JAMES WARGO, JR. No. 79-067Supreme Court of New Hampshire Hillsborough Decided December 12, 1979 1. Appeal and Error — Evidence — Sufficiency of Evidence When there is no jury, counsel must save the legal question […]

337 A.2d 536 STATE OF NEW HAMPSHIRE v. DANNY SLADE No. 7113Supreme Court of New Hampshire Original Decided May 12, 1975 1. Given the fact that the record of the testimony at a relatively short hearing on the question of post-conviction bail had not been transcribed three months after defendant had paid the transcription costs, […]

385 A.2d 851 TOWN OF NOTTINGHAM v. CEDAR WATERS, INC. No. 7975Supreme Court of New Hampshire Rockingham Decided April 25, 1978 1. Contempt — Common Law Contempt is an offense at common law, a specific and substantive offense that is separate and distinct from matter in litigation out of which the contempt arose. 2. Contempt […]

32 A.2d 316 WILLIAM H. CRAIG, Adm’r v. BOSTON MAINE RAILROAD, a. STELLA MIJAL, Adm’x v. SAME. FRANCOIS SOUCY, Adm’r v. SAME. No. 3382.Supreme Court of New Hampshire Hillsborough. Decided May 4, 1943. In an action against a railroad for negligently causing the death of automobile passengers at a grade crossing, evidence of the fireman […]

17 A.2d 88 MERCHANTS MUTUAL CASUALTY COMPANY v. ANNIE SMITH, ADM’X OF FRANCIS SMITH, HARRY WINEBAUM, FRED WIGGIN AND AMERICAN EMPLOYERS’ INSURANCE COMPANY. No. 3208.Supreme Court of New Hampshire Strafford. Decided December 3, 1940. The law of evidence does not require that each piece of evidence upon a given fact in issue shall be sufficient […]

306 A.2d 786 SUN INSURANCE COMPANY OF NEW YORK v. BLANCHE C. HAMANNE a. No. 6270Supreme Court of New Hampshire Coos Decided June 29, 1973 1. Interpretation of an insurance policy is for the court, which will interpret it to mean what a reasonable insured would understand it to mean after a more than casual […]

741 A.2d 63 THE STATE OF NEW HAMPSHIRE v. WALTER BECKERT No. 98-208Supreme Court of New Hampshire Rockingham Decided November 18, 1999 1. Statutes — Maxims and Rules of Construction — Generally Where a statute fails to define a disputed term, court will assign its plain and ordinary meaning; moreover, court wilt interpret plain meaning […]

91 A.2d 454 FIREMAN’S FUND INDEMNITY COMPANY v. HUDSON ASSOCIATES, INC. a. No. 4114.Supreme Court of New Hampshire Hillsborough. Decided October 7, 1952. A policy of liability insurance affording coverage to the insured for damages arising out of the ownership, maintenance or use of the insured’s premises for jalopy races but excluding coverage “to any […]

581 A.2d 1313 THE STATE OF NEW HAMPSHIRE v. HAROLD J. BAIRD No. 89-352Supreme Court of New Hampshire Rockingham Decided October 19, 1990 1. Appeal and Error — Preservation of Questions — Failure To Present Below Issues not presented in the lower court will not be considered on appeal. 2. Appeal and Error — Preservation […]

112 A.2d 51 READE GOODWIN v. RALPH BEAN a. No. 4369.Supreme Court of New Hampshire Grafton.Argued February 1, 1955. Decided February 25, 1955. In an action for personal injuries resulting to the plaintiff while tobogganing on defendant’s premises in the nighttime during a stay as guest at defendant’s inn, testimony of witnesses as to the […]

538 A.2d 1222 HENDERSON’S CASE No. LD-86-004Supreme Court of New Hampshire Original Decided March 7, 1988 Attorney and Client — Reprimand, Suspension and Disbarment — Particular Cases Attorney received three-months suspension for neglect of his client’s interests which had extended over a period of approximately three years. Bamberger Pfundstein, of Concord (Thomas E. Bamberger and […]

151 A.2d 236 OPINION OF THE JUSTICES. No. 4751.Supreme Court of New Hampshire Request of House of Representatives.Submitted May 8, 1959. Answer returned May 21, 1959. 1. The business of banking is a proper subject of regulation by the State in the exercise of its police power. 2. The constitutionality of legislation enacted in the […]

531 A.2d 714 CHESHIRE TOYOTA/VOLVO, INC. AND THE UNIVERSAL UNDERWRITERS INSURANCE COMPANY v. MARY O’SULLIVAN, EXECUTRIX OF THE ESTATE OF WILLIAM J. O’SULLIVAN, JR. No. 86-232Supreme Court of New Hampshire Cheshire Decided August 24, 1987 1. Workers’ Compensation — Injuries in Course of and Arising Out of Employment — Heart Attacks Protracted work-related psychological stress […]

834 A.2d 364 HAYDEN AND LAURETTE BABB v. BENJAMIN CLARK. No. 2002-502.Supreme Court of New Hampshire StraffordArgued: July 16, 2003. Opinion Issued: October 2, 2003. 1. Verdict — Withdrawal of Issues from Jury — Motion to Set Aside Verdict A jury verdict will be set aside if it is conclusively against the weight of the […]

77 A.2d 115 STATE v. FRANK GORDON KIMBALL. No. 3980.Supreme Court of New Hampshire Merrimack. Decided December 5, 1950. The requirements of the Constitution and statutes concerning the issue of money out of the state treasury constitute a safeguard against unlawful payments. The warrant of the Governor is the State Treasurer’s sole authority to make […]

719 A.2d 562 SHAHEEN, CAPPIELLO, STEIN GORDON, P.A. a. v. THE HOME INSURANCE COMPANY No. 96-118Supreme Court of New Hampshire Strafford September 30, 1998 1. Evidence — Expert Testimony — Competency of Experts Determination of an expert’s qualification to testify rests within sound Page 36 discretion of trial court, and will not be reversed unless […]

781 A.2d 11 THE STATE OF NEW HAMPSHIRE v. DORIAN HIGHT No. 99-576Supreme Court of New Hampshire Keene District Court Decided September 6, 2001 1. Search and Seizure — Generally — Investigation Stops Even though officer’s stop of defendant for speeding and a broken taillight was a lawful investigatory stop, the scope of a stop […]

191 A.2d 533 CONSTANCE P. CASEY Adm’x v. L.M. PIKE SON a. No. 5111.Supreme Court of New Hampshire Rockingham.Argued April 2, 1963. Decided May 28, 1963. 1. An operator of construction equipment using a public highway in the process of its reconstruction is under a duty to exercise due care to avoid injury to others. […]

837 A.2d 347 HIPPOPRESS, LLC v. SMG (A PENNSYLVANIA PARTNERSHIP) d/b/a SMG OPERATIONS a. No. 2002-786.Supreme Court of New Hampshire Hillsborough-northern Judicial DistrictArgued October 30, 2003. Opinion Issued December 8, 2003. 1. Constitutional Law — Freedom of Speech and Press — State Action It is well established that state action is an essential prerequisite to […]

22 A.2d 331 LISBON SAVINGS BANK TRUST COMPANY v. ESTATE OF HERBERT B. MOULTON, a. No. 3270.Supreme Court of New Hampshire Grafton. Decided October 7, 1941. On a petition by a creditor upon P. L., c. 302, s. 28 to obtain a judgment against executors on a claim barred by the two year limitation, so […]

6 A.2d 751 CORA LAFOUNTAINE v. EARL MOORE No. 3068Supreme Court of New Hampshire Hillsborough Decided May 31, 1939 In an action to recover for injuries sustained in a collision between the plaintiff’s automobile and the defendant’s car traveling at excessive speed at an intersection of highways, a nonsuit should have been ordered upon her […]

23 A.2d 325 EUGENE D. DUNCAN (MARY K. YEROYAN, plaintiff in interest) v. LUMBERMEN’S MUTUAL CASUALTY COMPANY. No. 3218.Supreme Court of New Hampshire Rockingham. Decided April 1, 1941. Conduct to be legally wrongful must violate some duty which the law attaches to the relation between the parties. Hence, the person injured by the act of […]

300 A.2d 57 RAYMOND JOHNSON v. LIBERTY MUTUAL INSURANCE COMPANY AND ANNA WEXLER No. 6167Supreme Court of New Hampshire Grafton Decided January 31, 1973 1. An insurer may be estopped from denying coverage if its insured has reasonably relied to his prejudice on an act, conduct, or nonaction of the insurer. 2. The doctrines of […]

305 A.2d 665 DOROTHY BEZIO v. KATHLEEN NEVILLE a. No. 6595Supreme Court of New Hampshire Hillsborough Decided May 31, 1973 1. The State constitutional requirement (N.H. CONST. pt. II, art. 37) that not less than thirteen senators shall constitute a quorum for doing senate business and that when less than sixteen senators are present the […]

593 A.2d 1158 JULIE MORANCY v. PAMELA MORANCY ROBERT MORANCY v. PAMELA MORANCY No. 90-354Supreme Court of New Hampshire Lebanon District Court Decided July 26, 1991 1. Torts — Emotional Distress Actions — Intentional Infliction New Hampshire recognizes the tort of intentional infliction of emotional distress. 2. Torts — Emotional Distress Actions — Intentional Infliction […]

651 A.2d 1 CARPENITO’S CASE No. LD-92-006Supreme Court of New Hampshire Original Decided December 9, 1994 1. Appeal and Error — Findings — Referee’s Findings Standard of review for findings made by judicial referee in attorney discipline proceedings is whether reasonable person could reach same conclusion as referee based on evidence presented at hearing. 2. […]

347 A.2d 153 CHESHIRE COUNTY CONVENTION v. CHESHIRE COUNTY COMMISSIONERS No. 7132Supreme Court of New Hampshire Cheshire Decided October 31, 1975 1. Since the parties are in court seeking a determination of the questions presented, no consideration need be given to the propriety of the form in which the proceedings have been brought. 2. The […]

645 A.2d 673 BARBARA DOGGETT v. TOWN OF NORTH HAMPTON ZONING BOARD OF ADJUSTMENT No. 93-831Supreme Court of New Hampshire Rockingham Decided August 1, 1994 1. Statutes — Maxims and Rules of Construction — Unambiguous Statutes and Plain Meaning Statutes are to be construed by their plain language in concert with all parts of a […]

27 A.3d 735 THE STATE OF NEW HAMPSHIRE v. PETER EATON. No. 2010-140.Supreme Court of New Hampshire. Rockingham.Argued: May 12, 2011. Opinion Issued: June 28, 2011. 1. Evidence — Documentary Evidence — Generally To trigger an in camera review of privileged or confidential records, the defendant must establish a reasonable probability that the records contain […]

431 A.2d 783 OPINION OF THE JUSTICES No. 81-166Supreme Court of New Hampshire Request of the House of Representatives Decided June 23, 1981 1. Constitutional Law — New Hampshire Constitution — Separation of Powers Portion of proposed legislation requiring an administrative agency contemplating promulgation of new rules to give notice of intended action to legislative […]