85 A. 899 STATE v. NORMAND a. Supreme Court of New Hampshire Hillsborough. Decided January 7, 1913. The statute to promote the sanitary production and distribution of food (Laws 1911, c. 15) was enacted to protect the health of the community and is a valid exercise of the police power; and the provisions which empower […]
Category: New Hampshire Court Opinions
PETITION OF THE JUDICIAL CONDUCT COMMITTEE, 145 N.H. 108 (2000)
751 A.2d 514 PETITION OF THE JUDICIAL CONDUCT COMMITTEE, Nelson, Kinder, Mosseau Saturley, PC, of Manchester. SMA-2000-003.Supreme Court of New Hampshire Original. May 15, 2000. 1. Constitutional Law — Separation of Powers — Generally Separation of powers clause prohibits each branch of government from encroaching on powers and functions of another branch, and is violated […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
CONCORD INV. CORP. v. N.H. TAX COMM’N, 114 N.H. 105 (1974)
316 A.2d 192 CONCORD INVESTMENT CORPORATION v. NEW HAMPSHIRE TAX COMMISSION No. 6509Supreme Court of New Hampshire Merrimack Decided February 28, 1974 1. Plaintiff-New Hampshire corporation, classified as a personal holding company under the Federal Internal Revenue Code, was held to be a business organization whose profits were taxable under RSA ch. 77-A, its investment […]
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 […]
GRAY v. FIFE, 70 N.H. 89 (1899)
47 A. 541 GRAY v. FIFE Tr. Supreme Court of New Hampshire Belknap. Decided December, 1899. Wages for labor performed by the defendant after service upon the trustee are not exempt from attachment when they form an inseparable part of the trustee’s indebtedness, the remainder of which is not exempt. FOREIGN ATTACHMENT. The trustee disclosed […]
O’DOWD v. ELLIOTT, 77 N.H. 319 (1914)
91 A. 872 HUGH D. O’DOWD v. HARRIET B. ELLIOTT a. Supreme Court of New Hampshire Hillsborough. Decided June 2, 1914. A creditor’s release of a debtor upon the request of a third party is sufficient consideration for the latter’s promise to pay the debt; and the promisor’s liability is not affected by the subsequent […]
TELEPHONE CO. v. MANCHESTER, 72 N.H. 166 (1903)
55 A. 188 NEW ENGLAND TELEPHONE TELEGRAPH CO. v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided May 5, 1903. Real estate owned by a telephone company and used in its ordinary business is taxable by the state board of equalization, in the manner prescribed by chapter 64, Public Statutes, and not by the town […]
NIXON v. COOPER, 97 N.H. 327 (1952)
87 A.2d 687 JONATHAN NIXON v. BURT R. COOPER, Adm’r a. No. 4094.Supreme Court of New Hampshire Strafford. Decided April 1, 1952. Exceptions are not properly taken by reserved case or bill of exceptions. The finding of the Trial Court that the interests of the co-owners in certain funds withdrawn from a joint savings account […]
ROSS v. EICHMAN, 130 N.H. 556 (1988)
543 A.2d 427 JOSEPH AND ESTHER ROSS v. EDWARD AND SALLY JO EICHMAN No. 87-474Supreme Court of New Hampshire Hillsborough Decided June 8, 1988 1. Trial — Law of the Trial In case involving plaintiffs’ petition for specific performance of a real estate contract, defendants waived defense of plaintiffs’ alleged noncompliance with deposit dates because […]
DANDENEAU v. SEYMOUR, 117 N.H. 455 (1977)
374 A.2d 934 LINDA DANDENEAU a. v. NANCY SEYMOUR No. 7642Supreme Court of New Hampshire Carroll Decided May 31, 1977 1. Contracts — Quantum Meruit Quantum meruit is a restitutionary remedy intended for use by contracting parties who are in material breach and thus unable to sue on contract; and obligation sued upon is created […]
WEBB v. RYE, 108 N.H. 147 (1967)
230 A.2d 223 RAY C. WEBB a. v. RYE. No. 5551.Supreme Court of New Hampshire Rockingham.Argued January 6, 1967. Decided May 23, 1967. 1. The mandatory statutory requirement (RSA 147:23) that municipalities provide and maintain public dumping facilities for the depositing of garbage and refuse does not authorize the creation or maintenance of a nuisance. […]
BEAN v. FITZPATRICK, 67 N.H. 225 (1892)
38 A. 722 BEAN a. v. FITZPATRICK. Supreme Court of New Hampshire Hillsborough. Decided June, 1892. A landlord’s breach of a covenant to perform special services for his tenant is not an eviction. CASE, for depriving the plaintiffs of the use of a printing-office. Facts found by the court. In September, 1889, the parties entered […]
TAYLOR v. TOWN OF WAKEFIELD, 158 N.H. 35 (2008)
GREG TAYLOR AND GAIL TAYLOR, TRUSTEES OF SHADY ACRES REALTY TRUST v. TOWN OF WAKEFIELD TOWN OF WAKEFIELD BOARD OF SELECTMEN v. TOWN OF WAKEFIELD ZONING BOARD OF ADJUSTMENT. No. 2008-223.Supreme Court of New Hampshire. Carroll.Argued: September 16, 2008. Opinion Issued: October 31, 2008. 1. Zoning; and Planning — Judicial Review — Preservation of Issues […]
ASCIOLLA v. MANTER OLDSMOBILE-PONTIAC, INC., 117 N.H. 85 (1977)
370 A.2d 270 ANGELO J. ASCIOLLA v. MANTER OLDSMOBILE-PONTIAC, INC. AND GENERAL MOTORS CORPORATION No. 7588Supreme Court of New Hampshire Belknap Decided January 31, 1977 1. Sales Acceptance — Revocation On the facts in this case, the plaintiff was entitled to revoke his acceptance of a defective automobile, for RSA 382-A:1-106(1) states that the remedies […]
INSLEE v. LANE, 57 N.H. 454 (1876)
INSLEE v. LANE. Supreme Court of New Hampshire FROM CHESHIRE CIRCUIT COURT. Decided August 11, 1876. The consignors of goods, sold upon credit, sent them by rail to the place of destination. Upon their arrival, the car containing the goods was set out upon a side-track, where according to custom, the goods were to be […]
AYERS v. SCHOOL DISTRICT, 67 N.H. 169 (1891)
29 A. 416 AYERS a. v. SCHOOL DISTRICT OF CORNISH a. Supreme Court of New Hampshire Sullivan. Decided December, 1891. The power of a committee, appointed under Gen. Laws, c. 88, s. 2, for the location of a school-house, is not affected by a petition for the calling of a meeting to reconsider the vote […]
LANE v. CONCORD, 70 N.H. 485 (1900)
49 A. 687 LANE v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided December, 1900. In an action against a municipal corporation for creating a nuisance by dumping refuse material upon a vacant lot adjoining the plaintiff’s premises, a city ordinance prohibiting the acts complained of is competent evidence upon the question of reasonable use, […]
STATE v. MITCHELL, 113 N.H. 542 (1973)
311 A.2d 134 STATE OF NEW HAMPSHIRE v. JOHN MITCHELL No. 6202Supreme Court of New Hampshire Sullivan Decided October 31, 1973 1. Denial of motion to suppress evidence of defendant’s statements to police officers before he was warned of his constitutional rights was warranted by evidence that, while there was brief general on-the-scene questioning of […]
SINCLAIR v. WHEELER, 69 N.H. 538 (1898)
45 A. 1085 SINCLAIR v. WHEELER a. Supreme Court of New Hampshire Coos. Decided December, 1898. The lien of a conditional vendor is valid as against the vendee and his assignee in insolvency without the memorandum, affidavit, and record required by the statute, but invalid as against a subsequent mortgagee without notice. In an action […]
STATE v. SAVINGS BANK, 71 N.H. 535 (1902)
53 A. 739 STATE v. MANCHESTER SAVINGS BANK. STATE v. AMOSKEAG SAVINGS BANK. Supreme Court of New Hampshire Hillsborough. Decided November 5, 1902. Under chapter 108, Laws 1895, savings banks are not exempted from taxation upon railroad bonds secured by mortgage of real estate situate within this state and of all other property, rights, and […]
FADDEN v. METROPOLITAN PROP. CAS. INS. CO., 138 N.H. 654 (1994)
644 A.2d 555 MELODY FADDEN v. METROPOLITAN PROPERTY CASUALTY INSURANCE COMPANY No. 93-402Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 14, 1994 Insurance — Parties; Rights and Duties — Subrogation Motor vehicle liability insurer was not obligated to pay same medical expenses previously recovered by plaintiff from workers’ compensation carrier, Page 655 since […]
PERRY v. CASUALTY CO., 75 N.H. 199 (1909)
72 A. 369 PERRY a. v. MARYLAND CASUALTY CO. Supreme Court of New Hampshire Cheshire. Decided March 2, 1909. An exception to the denial of a motion to dismiss a bill in equity for want of proof does not raise the question whether there was evidence to support a decree for the plaintiff in its […]
STATE v. MATTHEWS, 157 N.H. 415 (2008)
THE STATE OF NEW HAMPSHIRE v. JUDITH MATTHEWS. No. 2007-244.Supreme Court of New Hampshire. Rockingham.Argued: May 22, 2008. Opinion Issued: June 27, 2008. 1. Constitutional Law — Ex Post Facto Laws —Generally A law or an application of a law is ex post facto if it makes an action done before the passing of the […]
BANK v. COMPANY, 70 N.H. 227 (1899)
46 A. 49 NATIONAL BANK OF LEBANON v. MASCOMA FLANNEL CO. Supreme Court of New Hampshire Grafton. Decided December, 1899. An officer’s return of non est inventus is conclusive upon the parties to the process, and if false, the only remedy is by an action against him. Where there is an actual attachment of property […]
JONES v. RAILROAD, 77 N.H. 220 (1914)
90 A. 509 FRED A. JONES, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Grafton. Decided April 7, 1914. Certain evidence deemed sufficient to warrant a finding of freedom from fault on the part of a highway traveler who was killed at a grade crossing. CASE, for negligently causing the death of the […]
IN RE VERNON E., 121 N.H. 836 (1981)
435 A.2d 833 In re VERNON E. No. 80-472Supreme Court of New Hampshire Rockingham Decided October 1, 1981 1. Infants — Delinquency Proceedings — Detention Statutes applicable to detention of a minor prior to arraignment do not require written findings, a finding of probable cause, or a finding that clear and convincing evidence requires the […]
TOWN OF ORFORD v. N.H. AIR RESOURCES COMM., 128 N.H. 539 (1986)
522 A.2d 979 TOWN OF ORFORD a. v. NEW HAMPSHIRE AIR RESOURCES COMMISSION No. 85-438Supreme Court of New Hampshire Merrimack Decided October 2, 1986 1. Administrative Law — Judicial Review — Statutory Provisions Statute requiring that a plaintiff challenging the validity of an administrative rule allege that the rule impairs or interferes with a right […]
APPEAL OF VICON RECOVERY SYSTEMS, INC., 130 N.H. 801 (1988)
547 A.2d 301 APPEAL OF VICON RECOVERY SYSTEMS, INC. AND APPEAL OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE (New Hampshire Public Utilities Commission) No. 87-364 No. 86-505Supreme Court of New Hampshire Public Utilities Commission Decided August 8, 1988 1. Public Utilities — Statutes — Purpose Public Utility Regulatory Policies Act of 1978 (PURPA) and New […]
STATE v. DAIGLE, 114 N.H. 679 (1974)
327 A.2d 711 STATE OF NEW HAMPSHIRE v. PIERRE L. DAIGLE No. 6858Supreme Court of New Hampshire Manchester District Court Decided October 31, 1974 1. Defendant’s motion to withdraw a plea of guilty that he claims he had entered without counsel and without intelligently and understandingly knowing the consequences of his plea raised matters falling […]
ROLFE v. WOOSTER, 58 N.H. 526 (1879)
ROLFE v. WOOSTER. Supreme Court of New Hampshire Merrimack. Decided March, 1879. A note, paid in fact, is not upheld as a subsisting debt by a legal fiction of equitable assignment when there is no ground of justice to support the fiction. ASSUMPSIT, on a note for $300, dated April 5, 1873, signed by the […]
STATE v. GREENE, 137 N.H. 126 (1993)
623 A.2d 1342 THE STATE OF NEW HAMPSHIRE v. CHRISTINE GREENE No. 91-264Supreme Court of New Hampshire Belknap Decided April 23, 1993 1. Verdict — Requisites and Validity — Unanimity New Hampshire Criminal Code requires jury unanimity with respect to the presence of elements of offenses in criminal cases as charged. RSA 625:10 (1986). 2. […]
THIBAULT v. SEARS, ROEBUCK CO., 118 N.H. 802 (1978)
395 A.2d 843 DAVID W. THIBAULT v. SEARS, ROEBUCK COMPANY No. 7826Supreme Court of New Hampshire Hillsborough Decided November 30, 1978 1. Torts — Strict Liability — Generally Strict liability is not a no-fault system of compensation. 2. Torts — Strict Products Liability — Design A design defect occurs when a product is manufactured in […]
BRYANT v. TAMWORTH, 68 N.H. 483 (1896)
39 A. 431 BRYANT a. v. TAMWORTH. Supreme Court of New Hampshire Carroll. Decided June, 1896. A finding by the county commissioners adverse to the removal of gates across highway will not be disturbed if the laying out was legal, or the highway has become such by user. If gates maintained across a highway constitute […]
RAILROAD v. RAILROAD, 68 N.H. 519 (1896)
39 A. 1073 CONCORD MONTREAL RAILROAD v. A. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided June, 1896. The duration of the binding force of an award under Laws 1855, c. 1666, fixing the rate of compensation to be paid by a railroad corporation for the use of tracks of a connecting road, […]
STATE v. WALTON, 146 N.H. 316 (2001)
771 A.2d 562 THE STATE OF NEW HAMPSHIRE v. ROBERT WALTON Nos. 99-102, 99-648Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided April 18, 2001 1. Criminal Cases — Right to Effective Counsel —Evidence In a prosecution for aggravated felonious sexual assault, the record revealed that trial counsel’s failure to challenge the sufficiency of the […]
MANSFIELD v. FINANCE CORP., 99 N.H. 352 (1955)
111 A.2d 322 RICHARD H. MANSFIELD v. FEDERAL SERVICES FINANCE CORPORATION. No. 4346.Supreme Court of New Hampshire Rockingham.Argued December 7, 1954. Decided January 28, 1955. In an action for the negligent failure of the defendant to procure a policy of liability insurance effective on a certain date the fact that no obligation had arisen under […]
APPEAL OF MT. SPRINGS WATER CO., 123 N.H. 653 (1983)
466 A.2d 915 APPEAL OF MOUNTAIN SPRINGS WATER COMPANY, INC. APPEAL OF MOUNTAIN LAKES VILLAGE DISTRICT a. (New Hampshire Public Utilities Commission) No. 82-050 No. 82-106Supreme Court of New Hampshire Public Utilities Commission Decided August 31, 1983 1. Public Utilities — Regulatory Agencies — Appeals From The supreme court does not sit as a trier […]
SHANNON v. RAILROAD, 77 N.H. 349 (1914)
92 A. 167 PATRICK SHANNON v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided October 6, 1914. Where an employee of a railroad company engaged in interstate commerce is injured by negligence attributable to the carrier, his sole remedy is a proceeding under the federal employers’ liability act, brought within two years from […]
HUTCHINSON v. RAILWAY, 73 N.H. 271 (1905)
60 A. 1011 HUTCHINSON v. MANCHESTER STREET RAILWAY. Supreme Court of New Hampshire Hillsborough. Decided May 3, 1905. An exception to the denial of a motion for a continuance on account of the illness of counsel who have been relied on to conduct a trial presents no question of law for determination by the supreme […]
STATE v. DOMINIC, 117 N.H. 573 (1977)
376 A.2d 124 THE STATE OF NEW HAMPSHIRE v. JOHN DOMINIC No. 7544Supreme Court of New Hampshire Belknap Decided July 11, 1977 1. Breach of the Peace Disorderly Conduct Where a town selectman continually interrupted another selectman who had the floor according to the chairman’s ruling, argued with the chairman and refused to come to […]
BLODGETT v. PARK, 76 N.H. 435 (1912)
84 A. 42 BLODGETT v. PARK. Supreme Court of New Hampshire Belknap. Decided June 4, 1912. The fact that counsel in closing argument urged the jury to agree for the reason that further litigation would be burdensome does not furnish cause for setting aside a verdict. Where a witness who is unfamiliar with a plan […]
ELECTRIC LIGHT CO. v. JONES, 75 N.H. 172 (1909)
71 A. 871 LANCASTER JEFFERSON ELECTRIC LIGHT CO. v. JONES a. Supreme Court of New Hampshire Coos. Decided January 5, 1909. The principle that the construction of a deed is the ascertainment of the expressed intention of the parties, determined by the weight of competent evidence and not by the application of arbitrary rules, does […]
STATE v. SIEL, 122 N.H. 254 (1982)
444 A.2d 499 THE STATE OF NEW HAMPSHIRE v. BARNEY V. SIEL No. 81-282Supreme Court of New Hampshire Strafford Decided March 19, 1982 1. Criminal Law — Defenses — Double Jeopardy A former prosecution will not support a defense of double jeopardy where the trial court has set aside the conviction for proper reasons on […]
PROCTOR v. FREEZER CO., 70 N.H. 3 (1899)
45 A. 713 PROCTOR a. v. WHITE MOUNTAIN FREEZER CO. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. Specific instances of negligence, of the same general character as the acts complained of, may be put in evidence to show negligence at a particular time. Whether a specific instance of negligence sought to be put […]
CARRIAGE CO. v. MANCHESTER, 67 N.H. 483 (1893)
39 A. 334 KIMBALL CARRIAGE CO. v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided June, 1893. A town or city cannot, under the statute, exempt from taxation property not employed in manufactures. PETITION, for the abatement of taxes. Facts found by the court. Oliver E. Branch, for the plaintiffs. Edwin F. Jones, for the […]
APPEAL OF STONYFIELD FARM, 159 N.H. 227 (2009)
APPEAL OF STONYFIELD FARM, INC. a. (New Hampshire Public Utilities Commission). No. 2008-897.Supreme Court of New Hampshire. Public Utilities Commission.Argued: June 16, 2009. Opinion Issued: August 5, 2009. 1. Parties — Generally — Standing A party’s standing is a question of subject matter jurisdiction, which may be addressed at any time. To have standing to […]
RICCARDI v. GARABEDIAN, 118 N.H. 191 (1978)
384 A.2d 788 PAUL P. RICCARDI v. PAUL GARABEDIAN No. 7922Supreme Court of New Hampshire Rockingham Decided March 31, 1978 1. Continuance — Discretion of Court Where no record existed from which it could be determined what was presented to trial court in support of plaintiff’s motion for continuance, and plaintiff filed affidavit which, in […]
AMERICAN EMPLOYERS INS. CO. v. STERLING, 101 N.H. 434 (1958)
146 A.2d 265 AMERICAN EMPLOYERS INSURANCE COMPANY v. RICHARD F. STERLING a. No. 4669.Supreme Court of New Hampshire Carroll.Argued November 5, 1958. Decided November 28, 1958. 1. While the question of whether a motor vehicle liability insurance policy requirement that notice of an accident be given “as soon as practicable” has been satisfied is ordinarily […]
SWEENEY v. NEWPORT, 65 N.H. 86 (1888)
18 A. 86 SWEENEY v. NEWPORT. Supreme Court of New Hampshire Sullivan. Decided December, 1888. The liability of a town for injury caused by a defective highway is the same whether the highway was established by a laying out or by dedication and user. CASE, for injuries received by the plaintiff from falling down the […]
SEWARD v. HARRINGTON, 67 N.H. 264 (1892)
34 A. 671 SEWARD v. HARRINGTON Tr. Supreme Court of New Hampshire Cheshire. Decided June, 1892. If at the time of the service of a writ of foreign attachment the principal defendant and the trustee had cross-accounts, the balance being in favor of the trustee, and the accounts were settled by the payment of such […]
MELCHER v. MODERN HOTEL INC., 111 N.H. 345 (1971)
283 A.2d 895 NED MELCHER v. MODERN HOTEL INCORPORATED. No. 6247.Supreme Court of New Hampshire Hillsborough. Decided November 2, 1971. 1. An interior stairway connecting a restaurant basement to the floor above and leading therefrom through two dining rooms and a foyer to the street was not an exit way within a municipal building code […]
BUNTEN v. DAVIS, 82 N.H. 304 (1926)
133 A. 16 RALPH E. BUNTEN v. MARY E. DAVIS a. Supreme Court of New Hampshire Coos. Decided April 6, 1926. The owner of property has a right to make a reasonable defense against one coming upon it without his permission. Page 305 What is a reasonable defense against the invasion of one’s property depends […]
ROY v. TRANSAIRCO, INC., 112 N.H. 171 (1972)
291 A.2d 605 LENA ROY, ADMINISTRATRIX v. TRANSAIRCO, INC., a. No. 6119.Supreme Court of New Hampshire Hillsborough. Decided May 31, 1972. 1. Substituted service on the secretary of state as agent of a foreign corporation transacting business in this State may be had pursuant to RSA 300:11, 12 to the full extent of the constitutional […]
GEBHARD v. LENOX LIBRARY, 74 N.H. 416 (1907)
68 A. 540 GEBHARD, Ex’x, v. LENOX LIBRARY a. Supreme Court of New Hampshire Strafford. Decided December 26, 1907. The jurisdiction of the court to advise an executor as to his duties will not be exercised during the pendency of proceedings in the probate court for a re-examination of the will. BILL IN EQUITY, for […]
ELA’S APPEAL, 68 N.H. 35 (1894)
38 A. 501 ELA’S APPEAL. Supreme Court of New Hampshire Merrimack. Decided June, 1894. The appointment of an administrator on a petition setting up facts sufficient to give jurisdiction cannot be collaterally avoided. On the settlement of an administrator’s account, he can take no advantage of the invalidity of his appointment. APPEAL, by George W. […]
HOLDEN v. LOVERIN, 79 N.H. 521 (1918)
104 A. 157 ELLEN D. HOLDEN v. MEYER LOVERIN. Supreme Court of New Hampshire Coos. Decided June 29, 1918. ASSUMPSIT, for breach of an alleged contract to clear the plaintiff’s land of brush and bushes. At the close of the plaintiff’s evidence the court (Kivel, C. J.) ordered a nonsuit, and transferred the case upon […]
ADAMS v. RICE, 65 N.H. 186 (1889)
18 A. 652 ADAMS v. RICE. Supreme Court of New Hampshire Hillsborough. Decided June, 1889. A chattel mortgage is good between the parties as to articles inserted in it by them after its execution. CASE, for selling chattels mortgaged by the plaintiff to the defendant before condition broken, with a count in trover for the […]
DUBOIS v. DUBOIS, 118 N.H. 578 (1978)
391 A.2d 895 MARIE F. DUBOIS v. ANTOINE DUBOIS No. 78-104Supreme Court of New Hampshire Rockingham Decided September 18, 1978 1. Divorce — Decree — Violation Where former husband moved that possession of property awarded to former wife in divorce decree be terminated due to violation by former wife of terms of decree that provided […]
STATE v. ADAMS, 64 N.H. 440 (1887)
13 A. 785 STATE v. ADAMS. Supreme Court of New Hampshire Merrimack. Decided December, 1887. A former conviction for illegally keeping lager beer for sale does not constitute part of the same subsequent offence, and need not be alleged to have occurred within the limit of one year before the indictment for the subsequent offence. […]
APPEAL OF HINSDALE FED. OF TEACHERS, 133 N.H. 272 (1990)
575 A.2d 1316 APPEAL OF HINSDALE FEDERATION OF TEACHERS, NEA-NEW HAMPSHIRE, NEA (New Hampshire Public Employee Labor Relations Board) No. 89-192Supreme Court of New Hampshire Public Employee Labor Relations Board Decided May 24, 1990 1. Public Employees — Public Employee Labor Relations Board — Appeal From Ruling On appeal from a ruling of the New […]
CURRY v. SPENCER, 61 N.H. 624 (1882)
CURRY v. SPENCER a. Supreme Court of New Hampshire Belknap. Decided June, 1882. Chapter 64, Gen. Laws, in relation to the taxation of legacies and successions, not being within the constitutional powers of the legislature, is void and inoperative. Page 625 BILL IN EQUITY, in which the plaintiff, as executrix of one Tebbetts, prays the […]
BRUNEL v. ASSOCIATION, 95 N.H. 391 (1949)
64 A.2d 315 ANDREW L. BRUNEL a. v. THE NASHUA BUILDING LOAN ASSOCIATION. No. 3757.Supreme Court of New Hampshire Hillsborough. Decided March 1, 1949. An action to recover damages for breach of contract may be amended, by adding a count to recover for the negligent performance of a gratuitous undertaking by the defendant, in the […]
MUDER v. BENTLEY, 109 N.H. 71 (1968)
242 A.2d 396 FRED E. MUDER v. JOHN J. BENTLEY. No. 5711.Supreme Court of New Hampshire Rockingham.Argued April 2, 1968. Decided May 29, 1968. 1. A transcript of the testimony at a probable cause hearing in a municipal court taken by a stenographer employed by the defendant was held not exempt from discovery under the […]
STONE v. HOWE, 92 N.H. 425 (1943)
32 A.2d 484 FRANK O. STONE v. HARLAND B. HOWE. No. 3411.Supreme Court of New Hampshire Coos. Decided May 4, 1943. Where in an action by a servant against his master, the declaration charging injuries caused in another state by the defendant’s negligence in maintaining an unsafe work-place, the applicability of the law of that […]
HOME GAS CORP. v. STRAFFORD FUELS, INC., 130 N.H. 74 (1987)
534 A.2d 390 THE HOME GAS CORPORATION v. STRAFFORD FUELS, INC. AND EDWARD C. DUPONT, JR., INDIVIDUALLY No. 87-139Supreme Court of New Hampshire Strafford Decided November 5, 1987 1. Contracts — Agreements Not To Compete — Construction The law does not look with favor upon contracts in restraint of trade or competition; they are not […]
LAMY v. N.H. PUB. UTILS. COMM’N, 152 N.H. 106 (2005)
872 A.2d 1006 BRIAN D. LAMY v. NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION. No. 2004-343.Supreme Court of New Hampshire Merrimack.Argued: February 9, 2005. Opinion Issued: April 11, 2005. 1. Records — Right to Inspect — Generally To advance the purposes of the New Hampshire Right-to-Know Law, provisions favoring disclosure are construed broadly and exemptions are construed […]
STATE v. BAKER, 135 N.H. 447 (1992)
606 A.2d 309 THE STATE OF NEW HAMPSHIRE v. JOHN A. BAKER No. 91-016Supreme Court of New Hampshire Hillsborough Decided April 16, 1992 1. Motor Vehicles — Habitual Offender Proceedings — Proof To convict defendant of driving after being certified an habitual offender, jury must find beyond a reasonable doubt that defendant knowingly drove a […]
CASTRIANO v. GELARDI, 103 N.H. 476 (1961)
175 A.2d 390 ANTHONY CASTRIANO v. ANTOINETTE GELARDI. No. 4910.Supreme Court of New Hampshire Rockingham.Submitted November 8, 1961. Decided November 30, 1961. 1. The question of what is a fair and reasonable amount to be allowed a receiver in the dissolution of a partnership is one of fact and the Trial Court’s determination thereof will […]
COPELAND v. RAILWAY, 77 N.H. 447 (1915)
92 A. 924 HATTIE M. COPELAND, Guardian, v. EXETER, HAMPTON AMESBURY STREET RAILWAY CO. Supreme Court of New Hampshire Rockingham. Decided January 5, 1915. In an action against a street railway company for injuries to a child who was struck by an electric car, certain evidence deemed insufficient to warrant a finding that the motorman […]
HARRINGTON v. BROOKS DRUGS, 148 N.H. 101 (2002)
DONALD HARRINGTON a. v. BROOKS DRUGS, INC. a. No. 2001-106Supreme Court of New Hampshire RockinghamArgued March 6, 2002 Opinion Issued July 23, 2002 1. Parent and Child — Generally — Rights and Duties of Children Cause of action for a dependent child’s loss of society of a parent injured as a result of negligent conduct […]
STATE v. UNDERWOOD, 110 N.H. 413 (1970)
270 A.2d 599 STATE v. BERNARD F. UNDERWOOD. No. 5999.Supreme Court of New Hampshire Hillsborough. Decided October 30, 1970. 1. A defendant who is dissatisfied with the appellate brief filed in the supreme court by retained trial counsel but does not suggest any arguable points not suggested by his counsel’s brief, and the supreme court […]
PAQUETTE v. COMPANY, 79 N.H. 288 (1919)
109 A. 836 JOHN PAQUETTE v. CONNECTICUT VALLEY LUMBER CO. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1919. Whether the danger incident to heavily striking with a sledge a wooden wedge used in felling a tree was assumed by a youthful and inexperienced servant and whether the master should have warned him of […]
BOWEN v. CASUALTY CO., 99 N.H. 107 (1954)
107 A.2d 379 FAXON D. BOWEN v. MERCHANTS MUTUAL CASUALTY CO. a. No. 4256.Supreme Court of New Hampshire Merrimack.Argued March 3, 1954. Decided June 23, 1954. An automobile liability insurer was deemed to have waived its right to assert avoidance of liability for failure of the insured to give timely notice of the accident and […]
KENNISTON v. HANNAFORD, 55 N.H. 268 (1875)
KENNISTON v. HANNAFORD. Supreme Court of New Hampshire Hillsborough. Decided March 13, 1875. To disprove the plaintiff’s seizin, the defendant in a writ of entry may show title to the demanded premises in a third person. WRIT OF ENTRY, dated August 20, 1872, for an undivided half of a strip of land eight inches wide […]
MAGRAUTH v. MAGRAUTH, 136 N.H. 757 (1993)
622 A.2d 837 ANDREW G. MAGRAUTH v. JOAN MAGRAUTH No. 91-506Supreme Court of New Hampshire Grafton Decided March 25, 1993 1. Trial — Findings — Proposed Findings Object of statute governing requests for findings of fact and rulings of law is to allow supreme court an opportunity for adequate review by Page 758 providing it […]
STANDARD c. INS. CO. v. SWIFT, 92 N.H. 364 (1943)
31 A.2d 66 STANDARD ACCIDENT INSURANCE COMPANY v. LILLIAN H. SWIFT a. No. 3396.Supreme Court of New Hampshire Belknap. Decided March 2, 1943. The test to be applied in the interpretation of an insurance policy prepared by the insurer is not what it intended the clause to mean but what a reasonable person in the […]
CORNWELL v. CORNWELL, 116 N.H. 205 (1976)
356 A.2d 683 KENNETH D. CORNWELL v. PAUL E. CORNWELL No. 7012Supreme Court of New Hampshire Cheshire Decided April 30, 1976 1. Supplemental findings and rulings made by trial court in response to requests resubmitted by plaintiff after case was transferred to supreme court were designed to aid in presentation of case on appeal, and […]
WASS v. FULLER, 158 N.H. 280 (2009)
KATHLEEN WASS v. CAROLYN FULLER. No. 2008-160.Supreme Court of New Hampshire. Laconia District Court.Submitted: January 9, 2009. Opinion Issued: January 16, 2009. 1. Landlord and Tenant — Statutes — Construction The term “willfully” in the statute prohibiting a landlord from interrupting or terminating a tenant’s utility service denotes a voluntary and intentional act, and not […]
BROCK v. COMPANY, 83 N.H. 290 (1928)
141 A. 912 WILLIAM H. H. BROCK v. IRELAND-GRAFTON COMPANY. Supreme Court of New Hampshire Strafford. Decided May 1, 1928. An employer though merely the lessee of machinery is subject to the ordinary duties of an employer to furnish his employee with reasonably safe appliances for his work. Where an event might have been produced […]
THOMAS v. TELEGRAPH PUBL’G CO., 151 N.H. 435 (2004)
859 A.2d 1166 TERRY T. THOMAS v. THE TELEGRAPH PUBLISHING CO. d/b/a THE TELEGRAPH a. No. 2003-700.Supreme Court of New Hampshire Hillsborough-southern judicial district.Submitted: July 26, 2004. Opinion Issued: September 24, 2004. 1. Courts — Jurisdiction — In Personam Jurisdiction For jurisdictional purposes, a party commits a tortious act within the State when the injury […]
STATE v. SMITH, 124 N.H. 260 (1983)
470 A.2d 890 THE STATE OF NEW HAMPSHIRE v. THOMAS E. SMITH No. 82-565Supreme Court of New Hampshire Keene District Court Decided December 12, 1983 1. Statutes — Construction and Application — Legislative Intent In determining the legislative intent behind a statute, the supreme court begins with an examination of the language of the statute. […]
DOVER c RY. CO. v. WENTWORTH, 84 N.H. 258 (1930)
149 A. 505 DOVER, SOMERSWORTH ROCHESTER STREET RAILWAY Co. v. RAYMOND W. WENTWORTH a. Supreme Court of New Hampshire Strafford. Decided March 4, 1930. To constitute one a common carrier there must be a carriage of the public generally for hire. Under P. L., c. 258, s. 1 a duly authorized common carrier who transports […]
STATE v. ERICSON, 159 N.H. 379 (2009)
THE STATE OF NEW HAMPSHIRE v. NATHANIEL ERICSON. No. 2008-751.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: October 8, 2009. Opinion Issued: November 17, 2009. 1. Indictment and Information — Contents — Tests of Sufficiency The State Constitution requires that an indictment describe the offense with sufficient specificity to ensure that the defendant can prepare […]
APPEAL OF CHAPMAN, 143 N.H. 503 (1999)
727 A.2d 993 APPEAL OF CONRAD CHAPMAN (New Hampshire Compensation Appeals Board) No. 97-479Supreme Court of New Hampshire Compensation Appeals Board Decided April 16, 1999 1. Workers’ Compensation — Proceedings To Secure Compensation— Evidence Because determination of whether a claimant’s injury is disabling requires specialized medical knowledge, members of workers’ compensation appeals board may not […]
SIROIS v. HENRY, 73 N.H. 148 (1905)
59 A. 936 SIROIS v. HENRY a. Supreme Court of New Hampshire Grafton. Decided January 3, 1905. A servant does not assume the risk of dangers of his employment which are unknown to him and which ordinary care on his part would not have disclosed. In an action for negligence against a master, evidence that […]
RAILROAD v. ENFIELD, 57 N.H. 508 (1876)
NORTHERN RAILROAD v. ENFIELD. Supreme Court of New Hampshire FROM GRAFTON CIRCUIT COURT. Decided August 11, 1876. Highways — Laying out by selectmen. By Gen. Stats., ch. 233, secs. 7, 8, when all the selectmen are disqualified to act, they may appoint a board to hear and determine a petition for a new highway; but […]
LEVITT v. MAYNARD, 107 N.H. 38 (1966)
216 A.2d 778 ALBERT LEVITT v. WILLIAM MAYNARD, Attorney General a. No. 5403.Supreme Court of New Hampshire Hillsborough.Argued December 7, 1965. Decided January 31, 1966. 1. Where the Supreme Court held in Levitt v. Maynard, 105 N.H. 447, that the legislative establishment of Congressional Districts of the state (RSA 63:4, 5) resulting in a discrepancy […]
OPINION OF THE JUSTICES, 101 N.H. 536 (1957)
133 A.2d 506 OPINION OF THE JUSTICES. No. 4597.Supreme Court of New Hampshire Request of House of Representatives.Submitted June 15, 1957. Decided June 20, 1957. 1. In computing the period for which the House of Representatives may constitutionally adjourn themselves (Pt. II, Art. 19th) the phrase “five days at a time” as used in said […]