RINDGE v. LAMB. Supreme Court of New Hampshire Cheshire. Decided March, 1878. A selectman, by accepting his office and performing its duties, with knowledge of and without objecting to the price which the town has Page 279 voted to pay for selectmen’s services, makes a valid contract to accept that price in full payment. ASSUMPSIT, […]
Category: New Hampshire Court Opinions
LISBON SAV. BANK c. CO. v. MOULTON’S EST., 91 N.H. 477 (1941)
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 […]
LAFOUNTAINE v. MOORE, 90 N.H. 258 (1939)
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 […]
DUNCAN v. LUMBERMEN’S c. COMPANY, 91 N.H. 349 (1941)
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 […]
DAVIS v. GEORGE, 67 N.H. 393 (1892)
39 A. 979 DAVIS v. GEORGE a. Supreme Court of New Hampshire Grafton. Decided December, 1892. In a lease of a furnished house for a term of years, there is no implied covenant that the house is suitable for the lessee’s occupation. A provision in a lease relieving the lessee from his agreement to restore […]
GILMAN BROS. v. STEVENS, 63 N.H. 342 (1885)
1 A. 202 GILMAN BROS. v. STEVENS. Supreme Court of New Hampshire Belknap. Decided June, 1885. Whether a time note given in this state by a New Hampshire debtor to a Massachusetts creditor has the effect of payment pro tanto, is to be determined by the law of New Hampshire. ASSUMPSIT upon an account. Facts […]
JOHNSON v. LIBERTY MUT. INS. CO., 113 N.H. 8 (1973)
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 […]
BEZIO v. NEVILLE, 113 N.H. 278 (1973)
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 […]
HUB CONSTRUCTION CO. v. BREEDERS’ CLUB, 74 N.H. 282 (1907)
67 A. 574 HUB CONSTRUCTION CO. v. NEW ENGLAND BREEDERS’ CLUB a. Supreme Court of New Hampshire Merrimack. Decided June 29, 1907. Mandamus is the appropriate remedy by which to enforce the right of stockholders and creditors to an inspection of the records, accounts, and papers of a corporation. The clerk of a corporation who […]
SMITH v. MOONEY, 76 N.H. 521 (1912)
85 A. 619 SMITH v. MOONEY. Supreme Court of New Hampshire Hillsborough. Decided December 3, 1912. Evidence that a minor, while living with and supported by her father, recognized a bill for medical services as a proper charge against her warrants the finding that she personally contracted for its payment, and when supplemented by proof […]
NEW HAMPSHIRE INS. CO. v. HILLWINDS INN, INC., 117 N.H. 350 (1977)
373 A.2d 354 NEW HAMPSHIRE INSURANCE CO. v. HILLWINDS INN, INC. No. 7626Supreme Court of New Hampshire Grafton Decided April 29, 1977 Insurance Construction of Contracts General liability insurance policy provision that insurance did not apply to bodily injury or property damage for which insured might be held liable as a person engaged in selling […]
GILES v. SMITH, 74 N.H. 238 (1907)
66 A. 1049 GILES v. SMITH, Ex’x. Supreme Court of New Hampshire Hillsborough. Decided May 7, 1907. In an action for breach of contract against the promisor’s executor, who does not elect to testify, the plaintiff is not a competent witness as to his conversations and dealings with the testator, nor as to the contents […]
WESCOTT v. LUMBERMENS MUT. CAS. CO., 111 N.H. 10 (1971)
273 A.2d 684 RICHARD S. WESCOTT, individually and as father and next friend of Stewart Wescott v. LUMBERMENS MUTUAL CASUALTY COMPANY. No. 6089.Supreme Court of New Hampshire Cheshire. Decided January 29, 1971. 1. A husband who made all the payments toward the purchase of a truck he had selected and controlled for use in his […]
IN RE SIMARD ESTATE, 98 N.H. 454 (1954)
102 A.2d 508 IN RE ADELARD SIMARD ESTATE. No. 4259.Supreme Court of New Hampshire Hillsborough Probate Court.Submitted December 2, 1953. Decided January 29, 1954. A testamentary gift of a given amount to several legatees individually with power to each to use so much as may be needed for his “support, care and maintenance” when without […]
SANBORNTON v. TILTON, 55 N.H. 603 (1875)
SANBORNTON v. TILTON. Supreme Court of New Hampshire Belknap. Decided August 12, 1875. Municipal war expenditures — Reimbursement — Division of towns. The act dividing the town of Sanbornton, and constituting the town of Tilton, in 1869, provided that all property, and “all debts, claims, and demands of every kind, now owned by and due […]
WYMAN v. DeGREGORY, 101 N.H. 171 (1957)
137 A.2d 512 LOUIS C. WYMAN, Attorney General v. HUGO DeGREGORY. No. 4563.Supreme Court of New Hampshire Merrimack.Argued September 4, 1957. Decided December 18, 1957. 1. An investigation of subversive activities within the state by a legislative committee as authorized by Laws 1953, c. 307; Laws 1955, c. 197, is not precluded by decisions of […]
BLAKE v. STATE, 115 N.H. 431 (1975)
343 A.2d 223 LAWRENCE BLAKE v. STATE OF NEW HAMPSHIRE No. 7102Supreme Court of New Hampshire Merrimack Decided July 31, 1975 1. For the purpose of the State’s motion to dismiss based on the complaint, the plaintiff’s allegations of fact are assumed to be true, and if they constitute a basis for legal relief on […]
STATE v. PEPIN, 159 N.H. 310 (2009)
THE STATE OF NEW HAMPSHIRE v. JEFFREY PEPIN. No. 2008-788.Supreme Court of New Hampshire. Rockingham.Argued: September 10, 2009. Opinion Issued: October 20, 2009. 1. Habeas Corpus — Availability — Generally When court action results in the loss of a constitutionally protected liberty interest, it may be collaterally attacked by way of petition for writ of […]
STATE v. MOSCONE, 161 N.H. 355 (2010)
13 A.3d 137 THE STATE OF NEW HAMPSHIRE v. JOHN MOSCONE. No. 2009-559.Supreme Court of New Hampshire. HUlsborough-soutbern judicial districtArgued: September 8, 2010. Opinion Issued: January 13, 2011. 1. Offenses — Sexual Offenses — Statutes The statute prohibiting using online services to lure a child is comprised of four material elements: (1) the defendant must […]
WILKIE v. SILVA, 141 N.H. 461 (1996)
685 A.2d 1239 KIM WILKIE v. RICHARD SILVA No. 96-219Supreme Court of New Hampshire Hillsborough-southern judicial district Decided November 26, 1996 1. Parent and Child — Child Support — Modification In order for a court of any State other than the original issuing State to modify a child support order, the court must have jurisdiction, […]
WINSLOW v. ANDERSON, 78 N.H. 478 (1917)
102 A. 310 OVID F. WINSLOW a. v. OLA ANDERSON. Supreme Court of New Hampshire Hillsborough. Decided October 2, 1917. An action cannot be maintained upon a bond given as security for the performance of a contract with the obligee in the absence of evidence that he was damaged by its breach. A surety upon […]
IN RE GRAND, 155 N.H. 557 (2007)
IN RE GRAND JURY SUBPOENA (Issued July 10, 2006). No. 2006-640.Supreme Court of New Hampshire Merrimack.Argued: April 5, 2007. Opinion Issued: June 13, 2007. 1. Witnesses — Privileged Relations and Communications — Police Investigations Ruling of the New Hampshire Public Employee Labor Relations Board (PELRB) that an employer engages in an unfair labor practice when […]
MEREDITH v. STATE, 94 N.H. 123 (1946)
48 A.2d 489 MEREDITH v. STATE BOARD OF HEALTH. No. 3547.Supreme Court of New Hampshire Belknap. Decided June 27, 1946. The orders and regulations of the State Board of Health directing the town of Meredith to install “a suitable public system of sewerage” in the village section of Meredith is within the powers conferred by […]
DAMBOISE v. GOODMAN, 86 N.H. 360 (1933)
169 A. 6 GRACE DAMBOISE v. ABRAHAM J. GOODMAN. Supreme Court of New Hampshire Hillsborough. Decided November 7, 1933. In an action by a tenant against a landlord for injuries received by reason of defect in a common stairway the evidence warranted the inference that the defect had existed a sufficient time to apprise him […]
BAKER v. BAKER, 120 N.H. 645 (1980)
421 A.2d 998 KAREN E. BAKER v. DONALD E. BAKER No. 79-198Supreme Court of New Hampshire Rockingham Decided September 26, 1980 1. Divorce — Property Settlement — Discretion of Court Generally the court’s power to make an equitable distribution of parties’ property in a divorce proceeding is derived from statute and the properties in each […]
GORDON v. PAPER CO., 72 N.H. 346 (1903)
56 A. 757 GORDON v. INTERNATIONAL PAPER CO. Supreme Court of New Hampshire Grafton. Decided December 1, 1903. A committee appointed by the court, under chapter 229, Laws 1893, to estimate damages caused by improvements of the Ammonoosuc river and its tributaries, have no jurisdiction to assess damages resulting from the negligent, unreasonable, and unauthorized […]
KENT v. TAYLOR, 64 N.H. 489 (1887)
13 A. 419 KENT a. v. TAYLOR a. Supreme Court of New Hampshire Grafton. Decided December, 1887. The words “to a tree on the bank of a river, thence up said river,” etc, in the description of land conveyed by deed, locate the line at the thread of the stream; and that location is not […]
BLUE MOUNTAIN FOREST ASS’N v. TOWN OF CROYDON, 119 N.H. 202 (1979)
400 A.2d 55 BLUE MOUNTAIN FOREST ASSOCIATION v. TOWN OF CROYDON No. 78-296Supreme Court of New Hampshire Sullivan Decided March 30, 1979 1. Taxation — Current Use Tax — Current Use Advisory Board Statute intended to encourage preservation of open space land provides for valuation of land at current use levels rather than at land’s […]
CHAPMAN v. FOOTE, 112 N.H. 298 (1972)
293 A.2d 772 WILLIAM L. CHAPMAN III v. MARJORIE B. FOOTE, CITY CLERK a. No. 6472.Supreme Court of New Hampshire Merrimack. Decided July 31, 1972. 1. The statutory requirement (RSA 54:8) of a six-month durational residency requirement next preceding election day before any person shall be considered as dwelling in any municipality in the State […]
BURKE v. BARTLETT, 78 N.H. 579 (1915)
95 A. 609 ELLEN H. BURKE, Adm’x, v. BENJAMIN T. BARTLETT. Supreme Court of New Hampshire Hillsborough. Decided November 2, 1915. CASE, for negligently causing the death of the plaintiff’s intestate. Trial by jury. Transferred from the January term, 1915, of the superior court by Branch, J., on the plaintiff’s exception to an order of […]
APPEAL OF GRANITE STATE ELECTRIC COMPANY, 124 N.H. 144 (1983)
467 A.2d 252 APPEAL OF GRANITE STATE ELECTRIC COMPANY (New Hampshire Public Utilities Commission) No. 82-197Supreme Court of New Hampshire Public Utilities Commission Decided October 28, 1983 1. Public Utilities — Regulatory Agencies — Appeals From The supreme court will not sustain an appeal from a decision of the public utilities commission, except for errors […]
STATE v. MARSHALL, 64 N.H. 549 (1888)
15 A. 210 STATE v. MARSHALL. SLAYTON v. SAME. Supreme Court of New Hampshire Hillsborough. Decided June, 1888. A statute prohibiting the sale of imitation butter unless colored pink, has for its object the prevention of fraud on the public in the sale of provisions, and is therefore within the purview of the police power […]
BELLOWS FALLS CANAL CO. v. WALPOLE, 76 N.H. 384 (1912)
83 A. 95 BELLOWS FALLS CANAL CO. v. WALPOLE. Supreme Court of New Hampshire Cheshire. Decided April 2, 1912. Where the right to use the power derived from a dam and water privilege has been conveyed to sundry persons for terms of years and in perpetuity by instruments which provide for the payment of annual […]
BARNET v. WARDEN, N.H. STATE PRISON FOR WOMEN, 159 N.H. 465 (2009)
AMY BARNET v. WARDEN, NEW HAMPSHIRE STATE PRISON FOR WOMEN a. No. 2009-076.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: October 15, 2009. Opinion Issued: December 4, 2009. 1. Probation and Parole — Parole — Due Process The liberty of a person on parole is protected by the Fourteenth Amendment to the United States Constitution […]
ATTORNEY-GENERAL v. CALDWELL, 92 N.H. 216 (1942)
29 A.2d 124 ATTORNEY-GENERAL, ex rel. Remick H. Laighton a. v. GERTRUDE CALDWELL. No. 3390.Supreme Court of New Hampshire Rockingham. Decided November 5, 1942. A vacancy having occurred in the Board of Registrars of voters in Portsmouth the remaining members were equally divided on their choice of a successor. Thereupon the selectmen of the ward […]
STATE v. JACKSON, 69 N.H. 511 (1898)
43 A. 749 STATE v. JACKSON. Supreme Court of New Hampshire Grafton. Decided December, 1898. Under the constitution, justices of the peace and police courts have no authority to impose a fine of more than ten dollars in any prosecution of a criminal nature. Where it is apparent that the legislature intended to retain a […]
IN RE ESTATE OF CASS, 143 N.H. 57 (1998)
719 A.2d 595 IN RE ESTATE OF MADELINE M. CASS IN RE CASS FAMILY TRUST No. 96-735Supreme Court of New Hampshire Carroll County Probate Court Decided October 5, 1998 1. Trusts — Constructive Trusts — Generally Constructive trust may be imposed when clear and convincing evidence shows that confidential relationship existed between two people such […]
GULF OIL CO. v. RYBICKI, 102 N.H. 51 (1959)
149 A.2d 877 GULF OIL CORPORATION v. WILLIAM C. RYBICKI a. No. 4706.Supreme Court of New Hampshire Hillsborough.Argued February 4, 1959. Decided April 7, 1959. 1. The granting of specific performance of a contract rests in the sound discretion of the Trial Court and its decree will be sustained unless unsupported by the evidence or […]
TRUE v. COOK, 95 N.H. 198 (1948)
60 A.2d 138 ROBERT B. TRUE a. v. ALBERT S. COOK a. No. 3744.Supreme Court of New Hampshire Rockingham. Decided July 6, 1948. Where a condition subsequent, in a devise with no provision for forfeiture or reverter, becomes impossible to fulfill by act of God and without fault of the devisee, the estate then becomes […]
MUDGETT v. MELVIN, 66 N.H. 402 (1890)
34 A. 158 MUDGETT, Guard., v. MELVIN, Ap’t. Supreme Court of New Hampshire Hillsborough. Decided December, 1890. When a guardian, in the settlement of his account in the probate court, charges himself with a balance of $38, and the balance for which he is charged by that court is $275, and on his appeal the […]
STATE v. BUGELY, 103 N.H. 376 (1961)
172 A.2d 370 STATE v. THOMAS LEON BUGELY. No. 4939.Supreme Court of New Hampshire Original.Submitted June 6, 1961. Decided June 30, 1961. 1. By virtue of an Agreement on Detainers adopted by this state (RSA ch. 606-A (supp)) and joined in by the State of New Jersey (N.J.S.A. 2A:159A supp.) a respondent under indictment in […]
GEORGE v. N.H. DEP’T OF EDUC., 122 N.H. 434 (1982)
445 A.2d 1131 CONNIE GEORGE a. v. NEW HAMPSHIRE DEPARTMENT OF EDUCATION No. 81-214Supreme Court of New Hampshire Original Decided May 17, 1982 1. Public Employees — Promotions — Generally Nothing in New Hampshire state law or policy prevents a supervisor from denying classified employees promotion to a higher grade because of budgetary restraints, and […]
SMITH v. SMITH, 82 N.H. 399 (1926)
135 A. 25 WELLS C. SMITH v. CHESTER C. SMITH. Supreme Court of New Hampshire Rockingham. Decided October 5, 1926. A contract or mortgage-stipulation whereby the mortgagor, as an inducement to the making of a loan, agrees to confer on the mortgagee some benefit other than the payment of interest, is valid and enforceable unless […]
HOLDEN v. BROOKS, 66 N.H. 184 (1889)
20 A. 247 HOLDEN a. v. BROOKS a. Supreme Court of New Hampshire Coos Decided December, 1889. Soliciting or taking an order in this state for spirituous liquor, to be delivered outside the state, will not preclude a recovery for the price unless vendor knew or had reasonable cause to believe that the liquor, if […]
McLAUGHLIN v. SULLIVAN, 123 N.H. 335 (1983)
461 A.2d 123 SHEILA McLAUGHLIN, ADMINISTRATRIX OF THE ESTATE OF LAWRENCE McLAUGHLIN v. DOROTHY SULLIVAN No. 82-301Supreme Court of New Hampshire Hillsborough Decided May 9, 1983 1. Negligence — Acts or Omissions Not Constituting — Generally As a general rule, negligence actions seeking damages for the suicide of another will not lie because the act […]
STATE v. JACKSON, 144 N.H. 115 (1999)
738 A.2d 354 THE STATE OF NEW HAMPSHIRE v. CHARLES JACKSON No. 97-637Supreme Court of New Hampshire Strafford Decided August 3, 1999 1. Trial — Criminal Cases — Conduct of Counsel — Prosecuting Attorneys In cross-examining witness at sexual assault trial, prosecutor did not impermissibly inject himself into proceedings as a witness, because he did […]
RICHEY v. LEIGHTON, 137 N.H. 661 (1993)
632 A.2d 1215 FRANCES RICHEY a. v. R. STEPHEN LEIGHTON No. 92-481Supreme Court of New Hampshire Belknap Decided November 10, 1993 1. Contracts — Construction — Parol Evidence Rule Parol evidence may be used by a trial court to aid in interpreting or explaining an ambiguous term of a contract; even in the absence of […]
TUCKER v. LOWE, 79 N.H. 259 (1919)
107 A. 641 ORRIN TUCKER v. GERTRUDE F. LOWE. Supreme Court of New Hampshire Rockingham. Decided June 28, 1919. The correctness of the conclusions of the supreme court is not open for examination when application is made in the superior court for the appropriate orders to carry them into effect. Where after a verdict for […]
BENTON v. GOODALE, 66 N.H. 424 (1890)
30 A. 1117 BENTON v. GOODALE. Supreme Court of New Hampshire Coos. Decided December, 1890. One who is compelled to pay more than his share of the fees of a collector of taxes, to prevent a tax sale of his land (included with lands of other persons in an advertisement of sale), may recover the […]
WILSON v. RUSSELL, 61 N.H. 354 (1881)
WILSON, Adm’r, v. RUSSELL a. Supreme Court of New Hampshire Merrimack. Decided December, 1881. In replevin by a mortgagee’s administrator alleging title under the mortgage against a party deriving title from the mortgagor, the mortgagor is not excluded by the provisions of Gen. Laws, c. 228, ss. 16-19, Page 355 from testifying that the note […]
APPEAL OF LEONARD., 147 N.H. 590 (2002)
809 A.2d 762 APPEAL OF BARRY S. LEONARD, SR. No. 2000-548Supreme Court of New Hampshire Department of LaborArgued: February 7, 2002 Opinion Issued: April 16, 2002 1. Labor — Regulation — Whistleblowers’ Act Because an employer’s requirement that all employees work on Sunday directly conflicted with plaintiff employee’s scheduled day off, employee’s complaint based on […]
RULE v. ADAMS, 118 N.H. 338 (1978)
386 A.2d 1258 PAUL F. RULE, III v. BENJAMIN C. ADAMS, COMMISSIONER, DEPARTMENT OF EMPLOYMENT SECURITY, a. No. 7973Supreme Court of New Hampshire Cheshire Decided May 9, 1978 1. Appeal and Error — Trial “De Novo” — Questions Raised On appeal from trial de novo in superior court on issue of unemployment compensation applicant’s availability […]
BRIDGE WORKS v. JOSE, 59 N.H. 81 (1879)
NIAGARA BRIDGE WORKS v. JOSE. Supreme Court of New Hampshire Merrimack. Decided June, 1879. The directors of a railroad corporation, authorized by c. 83, Laws of 1871, to contract debts to such an amount as, in addition to means derived from their stock, should be sufficient for the construction and equipment of their road, are […]
CORSON v. THOMSON, 116 N.H. 344 (1976)
358 A.2d 866 BERNARD W. CORSON v. MELDRIM L. THOMSON, JR., a. No. 7460Supreme Court of New Hampshire Merrimack Decided June 8, 1976 1. The legislative history of the statutes prescribing the procedure for removal of the director of the department of fish and game from office undisputedly shows that the 1947 enactment impliedly repealed […]
BELL v. LAMPREY, 58 N.H. 124 (1877)
BELL v. LAMPREY. Supreme Court of New Hampshire Rockingham. Decided August, 1877. A question of law, once decided at the law term, will not be reconsidered in the same case except on a motion made at the law term for a rehearing; and such a motion will not ordinarily be entertained when a trial has […]
WHITTEMORE v. RAILROAD, 76 N.H. 388 (1912)
83 A. 125 WHITTEMORE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Cheshire. Decided April 2, 1912. One who takes passage upon a railroad train, honestly believing that an expired ticket in his possession entitles him to transportation, and is ejected at an intermediate station after his refusal to pay fare, has a right […]
BARTON v. PELLETIER, 98 N.H. 90 (1953)
95 A.2d 141 DELVINA BARTON a. v. EDGAR PELLETIER a. No. 4164.Supreme Court of New Hampshire Merrimack. Decided March 3, 1953. Certain instructions relating to the defendant common carrier’s duty to discharge its passengers in a reasonably safe place were adequate and proper. A request for instructions correctly stating the law need not be given […]
LAMONTAGNE v. LAMONTAGNE, 100 N.H. 237 (1956)
122 A.2d 920 MARIE B. LAMONTAGNE v. JOSEPH LAMONTAGNE. No. 4490.Supreme Court of New Hampshire Rockingham.Argued May 1, 1956. Decided May 31, 1956. A jury verdict of $1,750 in a personal injury action was not excessive as a matter of law where due to the accident the plaintiff suffered disabilities and pain for a period […]
OPINION OF THE JUSTICES, 117 N.H. 310 (1977)
373 A.2d 991 OPINION OF THE JUSTICES No. 7748Supreme Court of New Hampshire Request of Governor and Council Decided April 15, 1977 1. Statutes — Construction and Application Referendum of 1976, which amended constitutional provision relating to examination of returned copies of records of votes for state senators and to summoning persons who appeared to […]
WYATT v. BOARD OF EQUALIZATION, 74 N.H. 552 (1908)
70 A. 387 WYATT v. STATE BOARD OF EQUALIZATION. Supreme Court of New Hampshire Belknap. Decided June 2, 1908. The tax upon savings bank deposits is a property tax, and is rightfully included by the state board of equalization in computing the average rate of taxation on property throughout the state, as a basis for […]
STATE v. THAYER, 118 N.H. 819 (1978)
395 A.2d 500 THE STATE OF NEW HAMPSHIRE v. WILLIAM A. THAYER No. 78-046Supreme Court of New Hampshire Peterborough District Court Decided November 30, 1978 1. Unemployment Compensation — Nature and Purpose The purpose of the New Hampshire Unemployment Compensation Act is to ensure in limited measure against unemployment of individuals regularly attached to the […]
HANLEY v. RAILWAY CO., 62 N.H. 274 (1882)
HANLEY v. THE GRAND TRUCK RAILWAY COMPANY. Supreme Court of New Hampshire Coos. Decided June, 1882. In an action against a railroad corporation for personal injuries, the plaintiff is not entitled to recover where there is no evidence of an injury except that resulting from the negligence of the plaintiff’s fellow employe not representing the […]
CATE v. MARTIN, 70 N.H. 135 (1899)
46 A. 54 CATE v. MARTIN a. Supreme Court of New Hampshire Merrimack. Decided December, 1899. The statutory provision that the mayor of a city shall have a negative upon the action of the aldermen in laying out highways, and in all other matters, does not apply to a determination by the board of aldermen […]
ROUSSEL v. COMPANY, 80 N.H. 254 (1922)
116 A. 441 EDGAR ROUSSEL v. NASHUA MANUFACTURING COMPANY. Supreme Court of New Hampshire Hillsborough. Decided January 3, 1922. In an action by an inexperienced employee, under the employers’ liability act (Laws 1911, c. 163), for injuries received in taking down a carding machine, certain evidence warranted a submission to the jury of the questions […]
KARP v. INSURANCE CO., 86 N.H. 124 (1933)
164 A. 219 JOHN KARP v. METROPOLITAN LIFE INSURANCE COMPANY. Supreme Court of New Hampshire Hillsborough. Decided January 3, 1933. A stipulation in the application for a life policy that “the policy shall not be binding upon the company unless upon its date [the applicant] . . . shall be in sound health” is an […]
GEPHART v. DAIGNEAULT, 137 N.H. 166 (1993)
623 A.2d 1349 MARGARET T. GEPHART v. THOMAS W. AND SALLY M. DAIGNEAULT No. 92-237Supreme Court of New Hampshire Belknap Decided April 28, 1993 1. Covenants — Restrictive Covenants — Particular Cases Plaintiff, as third-party beneficiary, was entitled to enforce restrictive covenant governing subdivision of lakefront land where defendants, as grantees of deed which incorporated […]
HAM v. INTERSTATE BRIDGE AUTHORITY, 92 N.H. 268 (1943)
30 A.2d 1 RICHARD H. HAM, by his executrix (appearing after his death) v. MAINE-NEW HAMPSHIRE INTERSTATE BRIDGE AUTHORITY and NEW HAMPSHIRE GAS ELECTRIC CO. No. 3379.Supreme Court of New Hampshire Rockingham. Decided January 5, 1943. The provision in the compact between Maine and New Hampshire creating the Maine-New Hampshire Interstate Bridge Authority makes the […]
TELEGRAPH CO. v. STATE, 64 N.H. 265 (1886)
9 A. 547 WESTERN UNION TELEGRAPH CO. v. STATE. Supreme Court of New Hampshire Merrimack. Decided December, 1886. A telegraph company is liable for interest at ten per cent. on the amount of the tax finally levied upon them, from December 1 of the year in which it is assessed, although the amount of the […]
STATE v. GIBSON, 153 N.H. 454 (2006)
THE STATE OF NEW HAMPSHIRE v. GRAHAM GIBSON. No. 2005-185.Supreme Court of New Hampshire Belknap.Argued: March 8, 2006. Opinion Issued: April 27, 2006. 1. Evidence — Particular Matters — Mental Processes “Recovered memory” is memory that previously had been completely absent from a witness’s conscious recollection. Testimony that relies on memories which previously have been […]
PUBLIC SERV. CO. v. STATE, 113 N.H. 497 (1973)
311 A.2d 513 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE v. STATE OF NEW HAMPSHIRE VOLUNTEERS ORGANIZED IN COMMUNITY EDUCATION (VOICE) v. STATE OF NEW HAMPSHIRE No. 6510 No. 6510aSupreme Court of New Hampshire Public Utilities Commission Decided September 28, 1973 1. Public utilities commission’s order denying utility’s petition for temporary rates under RSA 378:27 was […]
FAUCHER v. TRUDEL, 71 N.H. 621 (1902)
52 A. 861 FAUCHER v. TRUDEL a. Supreme Court of New Hampshire Hillsborough. Decided May 6, 1902. WALKER, J. This is a bill in equity praying that the defendants may be restrained from permitting the business of blacksmithing to be carried on in a shop upon their land near the plaintiff’s building, which is occupied […]
DUFTON v. BANK, 95 N.H. 299 (1948)
62 A.2d 715 WILLIAM P. DUFTON v. MECHANICKS NATIONAL BANK. No. 3792.Supreme Court of New Hampshire Merrimack. Decided December 7, 1948. An owner of a motor vehicle, damaged in a collision, who had a business relationship with a bank for the financing of such vehicle may recover in assumpsit the damage sustained by the bank’s […]
McDONALD v. TOWN OF EFFINGHAM ZONING BD. OF ADJUSTMENT, 152 N.H. 171 (2005)
872 A.2d 1018 VICKI A. McDONALD v. TOWN OF EFFINGHAM ZONING BOARD OF ADJUSTMENT. No. 2004-453.Supreme Court of New Hampshire Carroll.Argued: January 12, 2005. Opinion Issued: May 6, 2005. 1. Zoning and Planning — Administration and Enforcement —Hearings When a Zoning Board of Adjustment (ZBA) denies a motion for rehearing, the aggrieved party need not […]
APPEAL OF LAMBROU, 136 N.H. 18 (1992)
609 A.2d 754 APPEAL OF ANTHONY LAMBROU (New Hampshire Department of Labor Compensation Appeals Board) No. 91-394Supreme Court of New Hampshire Compensation Appeals Board Decided July 15, 1992 1. Appeal and Error — Generally — Findings Findings of fact by department of labor compensation appeals board, and decision made pursuant to those findings, will not […]
STATE v. SWEENEY, 124 N.H. 396 (1983)
469 A.2d 1362 THE STATE OF NEW HAMPSHIRE v. RONALD A. SWEENEY No. 82-174Supreme Court of New Hampshire Hillsborough Decided December 30, 1983 1. Arrest — Without Warrant — Lawful Arrests In prosecution for possession of cocaine, where a parcel delivery service had intercepted and turned over to federal drug enforcement authorities a box addressed […]
HOYT v. TILTON, 81 N.H. 477 (1925)
128 A. 688 CHARLES B. HOYT, Adm’r, v. FRANK E. TILTON. Supreme Court of New Hampshire Carroll. Decided February 3, 1925. A judgment on a verdict is conclusive on all issues which might have been raised by the plaintiff. A general verdict which has not gone to judgment is conclusive upon the issues actually submitted […]
TOWN OF SEABROOK v. TRA-SEA CORP., 119 N.H. 937 (1979)
410 A.2d 240 TOWN OF SEABROOK v. TRA-SEA CORPORATION No. 79-149Supreme Court of New Hampshire Rockingham Decided December 28, 1979 1. Zoning — Construction of Ordinances — Intent The construction of the terms in a zoning ordinance is a matter of law. 2. Zoning — Construction of Ordinance — Intent Where grandfather clause of zoning […]
GIBSON v. BOSTON, 75 N.H. 405 (1910)
75 A. 103 GIBSON a., Ex’rs, v. BOSTON a., Ap’ts. Supreme Court of New Hampshire Carroll. Decided January 4, 1910. In an appeal from the probate of a will, evidence as to declarations of the executor concerning the testator’s mental condition is not admissible as affirmative proof of a lack of testamentary capacity, on the […]
LAROCHELLE v. BIRCH, 98 N.H. 190 (1953)
96 A.2d 573 ARMAND J. LAROCHELLE a., Ex’rs v. EDWARD J. BIRCH a., Ap’ts. No. 4201.Supreme Court of New Hampshire Strafford. Decided May 5, 1953. The sixty-day period within which a probate appeal may be filed (R. L., c. 365, s. 2) is exclusive of the date the decision is made by the probate court. […]
ROYER v. ADAMS, 121 N.H. 1024 (1981)
437 A.2d 316 DAVID ROYER, ADMINISTRATOR OF THE ESTATE OF ARTHUR J. ROYER v. BENJAMIN C. ADAMS, COMMISSIONER NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY No. 80-490Supreme Court of New Hampshire Hillsborough Decided November 20, 1981 1. Civil Rights — Actions Under Federal Law — Jurisdiction New Hampshire state courts have jurisdiction to hear an action […]
STATE v. BARKER, 117 N.H. 543 (1977)
374 A.2d 1179 THE STATE OF NEW HAMPSHIRE v. WILLIAM BARKER No. 7546Supreme Court of New Hampshire Merrimack Decided June 27, 1977 1. Evidence — Past Offenses — Admissibility In prosecution for possession of marijuana, evidence of prior offenses, while inadmissible to show defendant’s bad character, disposition or propensity to commit crime for which he […]
REGION 10 CLIENT MGT., INC. v. TOWN OF HAMPSTEAD, 120 N.H. 885 (1980)
424 A.2d 207 REGION 10 CLIENT MANAGEMENT, INC. v. TOWN OF HAMPSTEAD No. 80-382Supreme Court of New Hampshire Rockingham Decided December 26, 1980 1. Zoning — Ordinances — Definitions Undefined word “family” in town zoning ordinance should retain its historical and traditional definition of persons living together related by blood, marriage or adoption. 2. Mental […]
STATE v. WHITE, 116 N.H. 687 (1976)
366 A.2d 872 STATE OF NEW HAMPSHIRE v. FRANK E. WHITE No. 7373Supreme Court of New Hampshire Cheshire Decided November 30, 1976 1. A motion to dismiss a criminal complaint for lack of prosecution properly raises the constitutional issue of whether the defendant was denied his constitutional right to a speedy trial. 2. Certain tests […]
STATE v. ELLSWORTH, 142 N.H. 710 (1998)
709 A.2d 768 THE STATE OF NEW HAMPSHIRE v. RAYMOND ELLSWORTH No. 95-312Supreme Court of New Hampshire Merrimack Decided March 31, 1998 1. Discovery — Production of Documents or Objects — Confidential or Privileged To trigger in camera review of privileged information, the defendant must establish a reasonable probability that the records contain information that […]
STATE v. STONE, 65 N.H. 124 (1889)
18 A. 654 STATE v. STONE and MERCHANT. Supreme Court of New Hampshire Carroll. Decided June, 1889. An indictment, which charges the respondent with procuring the commission of an assault with intent to kill and murder, is sustained by proof that he hired and procured the commission of an assault. It is no excuse for […]
LAMSON v. STEVENS, 60 N.H. 583 (1880)
LAMSON v. STEVENS. Supreme Court of New Hampshire Coos. Decided December, 1880. W. H. Heywood, for the plaintiff. Ray, Drew Jordan, for the defendant. REPLEVIN, for hay attached by the defendant as the property of Chandler. The question was, whether the title of the hay had passed, by sale, from the plaintiff to Chandler at […]
STATE v. BALDWIN, 127 N.H. 368 (1985)
500 A.2d 693 THE STATE OF NEW HAMPSHIRE v. DEWEY BALDWIN No. 84-326Supreme Court of New Hampshire Hillsborough Decided October 30, 1985 1. Motor Vehicles — Alcohol Tests — Driver’s Sample Assuming arguendo that defendant had any constitutional right to a blood alcohol test at his request, facts of the case showed that he was […]
TOWN OF HUDSON v. BAKER, 133 N.H. 750 (1990)
584 A.2d 177 TOWN OF HUDSON v. NATHAN BAKER No. 89-511Supreme Court of New Hampshire Hillsborough Decided December 28, 1990 1. Statutes — Construction and Application — Restrictive Provisions On appeal from district court order requiring defendant to remove hazardous building from his property within statutory time limit and authorizing town to demolish building if […]
OPINION OF THE JUSTICES, 95 N.H. 546 (1949)
64 A.2d 314 OPINION OF THE JUSTICES. No. 3829.Supreme Court of New Hampshire Decided February 24, 1949. In taxing property passing by sale at retail a provision that “breakage” be retained by the retailer as compensation for collecting the tax while not constitutionally required may be considered by the Legislature to be a proper aid […]
PRICE v. BIC CORP., 142 N.H. 386 (1997)
702 A.2d 330 KATHLEEN PRICE, GUARDIAN OVER THE ESTATE OF MATTHEW RYAN MOORE v. BIC CORPORATION No. 96-759Supreme Court of New Hampshire U.S. District Court Decided November 3, 1997 1. Torts — Products Liability — Unreasonably Dangerous Defect To maintain a defective design products liability claim, a plaintiff must first prove that the design of […]
CADORETTE v. LEVESQUE, 96 N.H. 42 (1949)
69 A.2d 692 ANDRE E. CADORETTE a. v. PATRICK P. LEVESQUE. No. 3856.Supreme Court of New Hampshire Hillsborough. Decided December 6, 1949. BILL IN EQUITY, to quiet title to land in Nashua. The real estate in question is a triangular plot near the Nashua-Merrimack line between the old and new locations of the Amherst or […]
AMERICAN MOTORISTS INS. CO. v. RUSH, 88 N.H. 383 (1937)
190 A. 432 AMERICAN MOTORISTS INSURANCE CO. v. ALBERT RUSH a. GEORGE E. BRACKETT v. ALBERT RUSH. MARY E. BRACKETT v. SAME. Supreme Court of New Hampshire Merrimack. Decided February 2, 1937. On a petition for a declaratory judgment the proper and convenient procedure is to determine definitely by a transfer to the Supreme Court […]
KELLER v. DeLONG, 108 N.H. 212 (1967)
231 A.2d 633 O. PITMAN KELLER, Adm’r v. CARL E. DeLONG, JR. No. 5571.Supreme Court of New Hampshire Belknap.Argued May 2, 1967. Decided July 18, 1967. 1. In an action by a passenger for personal injuries sustained when the defendant operator fell asleep and the motor vehicle collided with a utility pole it was held […]
R. A. VACHON SON, INC. v. CONCORD, 112 N.H. 107 (1972)
289 A.2d 646 R. A. VACHON SON, INC. v. CITY OF CONCORD. No. 6304.Supreme Court of New Hampshire Merrimack. Decided March 31, 1972. 1. A property owner does not have a vested right in a zoning classification, since all property is held in subordination to the police power of the municipality. 2. The purchase price […]
FLETCHER v. THOMPSON, 55 N.H. 308 (1875)
FLETCHER v. THOMPSON. Supreme Court of New Hampshire Cheshire. Decided March 11, 1875. Practice — Negotiable Note — Days of Grace. Where a motion for a nonsuit is erroneously denied, and the defendant, instead of risking his case upon the exception, goes on with the trial and introduces his evidence, the exception is not to […]
CITY OF MANCHESTER v. LAWTON, 118 N.H. 89 (1978)
382 A.2d 1107 CITY OF MANCHESTER v. RONALD LAWTON a. No. 78-030Supreme Court of New Hampshire Hillsborough Decided February 6, 1978 Nuisance — Abatement Supplemental statutory remedy did not deprive superior court of its general equity powers and motion to dismiss city’s petition to abate nuisance, alleged to have been created by fire-damaged building, should […]
AMERICAN c. INS. CO. v. OHMART, 100 N.H. 167 (1956)
121 A.2d 793 AMERICAN MUTUAL LIABILITY INSURANCE COMPANY v. DOROTHY PERKINS OHMART, G’d’n No. 4467.Supreme Court of New Hampshire Cheshire.Argued March 6, 1956. Decided March 29, 1956. Where minor children were in fact dependent upon the earnings of their father at the time of his injury, the subsequent adoption of them by their stepfather during […]
BURROUGHS v. CORPORATION, 77 N.H. 124 (1913)
88 A. 1001 WILLIAM A. BURROUGHS v. LANE CONSTRUCTION CORPORATION. Supreme Court of New Hampshire Merrimack. Decided November 4, 1913. A contractor who is engaged in the repair of a highway is bound to exercise reasonable care and prudence in the performance of the work, for the protection of travelers; but if the road has […]
SHILLEN’S CASE, 149 N.H. 132 (2003)
818 A.2d 1241 SHILLEN’S CASE No. LD-2000-004Supreme Court of New Hampshire OriginalSubmitted December 13, 2002 Opinion Issued February 18, 2003 1. Attorneys — Professional Conduct Rules — Violations Attorney violated rule that “[a] lawyer shall not represent a client if the representation of that client will be directly adverse to another client” by undertaking representation […]
MULVANITY v. NUTE, 95 N.H. 526 (1949)
68 A.2d 536 JAMES F. MULVANITY v. MARY E. NUTE. No. 3850.Supreme Court of New Hampshire Hillsborough. Decided October 3, 1949. Although a devise of real estate to A and B as joint tenants contained a desire that they should have the right to occupy the premises during their lifetime and upon the decease of […]