Category: New Hampshire Court Opinions

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

466 A.2d 555 THE STATE OF NEW HAMPSHIRE v. DONALD HAMEL No. 82-091Supreme Court of New Hampshire Hillsborough Decided August 31, 1983 1. Searches and Seizures — Warrantless Searches — Exigent Circumstances Not all police seizures of a person constitute an arrest; in Terry v. Ohio, 392 U.S. 1 (1968), the United States Supreme Court […]

324 A.2d 728 DONALD W. HAWTHORNE v. DRESDEN SCHOOL DISTRICT No. 6964Supreme Court of New Hampshire Grafton Decided August 15, 1974 1. The hearing disqualification standards of RSA ch. 43 do not apply to a RSA 189:14-a hearing on the nonrenomination of the plaintiff, a tenured teacher, so as to disqualify those members of the […]

256 A.2d 142 EDWARD B. VANDEWATER a. v. PLAISTOW a. No. 5679.Supreme Court of New Hampshire Rockingham.Argued November 6, 1968. Decided July 30, 1969. 1. The fact that a municipality is exercising a public right in performance of a public duty imposed upon it does not preclude a finding that its operation of a burning […]

738 A.2d 349 APPEAL OF NASWA MOTOR INN, INC. (New Hampshire Department of Labor) No. 98-056Supreme Court of New Hampshire Department of Labor Decided July 26, 1999 1. Limitation of Actions — Proceedings — Particular Cases One-year limitations period for prosecutions under Youth Employment Law applied only to criminal actions, and thus department of labor’s […]

471 A.2d 340 THE STATE OF NEW HAMPSHIRE v. ARNOLD LaFRANCE No. 83-292Supreme Court of New Hampshire Belknap Decided November 23, 1983 1. Constitutional Law — Legislative Power American history and the logic of American constitutional federalism have made certain that the rule of law does not mean the supremacy of the laws enacted by […]

260 A.2d 547 STATE v. EDWARD H. COOLIDGE, JR. No. 5514.Supreme Court of New Hampshire Hillsborough.Argued December 20, 1968. Supplemental argument June 3, 1969. Decided June 30, 1969. 1. In indictments for murder, the respondent’s acknowledged activities in the week following the victim’s disappearance in attempting to establish an alibi for his whereabouts, and the […]

512 A.2d 1084 THE STATE OF NEW HAMPSHIRE v. RICHARD STILES No. 84-532Supreme Court of New Hampshire Rockingham Decided May 9, 1986 1. Searches and Seizures — Application for Warrant — Informants Search warrant affidavit satisfied the requirements of State v. Mandravelis, 114 N.H. 634 (1974), in its use of an informer’s statements, assuming arguendo […]

343 A.2d 637 D. LATCHIS, INC. a. v. BOROFSKY BROTHERS, INC. a. No. 6938Supreme Court of New Hampshire Cheshire Decided July 31, 1975 1. The legislature has the plenary power to define the nature of the interest which can be acquired by eminent domain. RSA 31:39 places no limits thereon; its provisions relating to the […]

693 A.2d 76 JANET CARRIER v. BRUCE M. McLLARKY D/B/A ASSURED PLUMBING HEATING No. 95-703Supreme Court of New Hampshire Derry District Court Decided April 16, 1997 1. Agency — Generally — creation of Agency Whether an agency agreement has been created is a question of fact: An agency relationship is created when a principal gives […]

789 A.2d 634 THE STATE OF NEW HAMPSHIRE v. JOSEPH HEIRTZLER No. 2000-139Supreme Court of New Hampshire Rockingham Decided December 24, 2001 1. Search and Seizure — Generally — Searches By Private Parties The acquisition of evidence by an individual acting as an agent of the police must be reviewed by the same constitutional standards […]

172 A.2d 372 ESTHER GORMAN v. NEW ENGLAND TELEPHONE TELEGRAPH COMPANY AND PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. No. 4853.Supreme Court of New Hampshire Hillsborough.Argued February 7, 1961. Decided June 30, 1961. 1. The objectives of the statutes (RSA 254:18; 254:2, 10) relating to the erection, location and maintenance of utility poles and appurtenances thereto […]

484 A.2d 1208 THE STATE OF NEW HAMPSHIRE v. GEORGE W. KILGUS, JR. No. 83-443Supreme Court of New Hampshire Hillsborough Decided November 30, 1984 1. Criminal Law — Statutory Provisions — Construction The meaning of the word “person” in the witness tampering statute is clear and unambiguous; it refers generally to all people, without limitation […]

706 A.2d 673 IN RE ESTATE OF OLIVETTE D. HEMON No. 96-106Supreme Court of New Hampshire Strafford County Probate Court Decided January 20, 1998 1. Judgments — Res Judicata — Nature and Purpose The purpose of the doctrines of res judicata and collateral estoppel is to preclude parties from relitigating an issue or claim that […]

309 A.2d 890 NEW HAMPSHIRE RETAIL GROCERS ASSOCIATION v. STATE TAX COMMISSION No. 6527Supreme Court of New Hampshire Original Decided September 28, 1973 1. Correctness of State tax commission’s interpretation of statute can be properly adjudicated in a proceeding initiated by a petition for a writ of prohibition, for the practice in this State is […]

202 A.2d 478 ALBERT LEVITT v. WILLIAM MAYNARD, Attorney General and ROBERT L. STARK, Secretary of State. No. 5253.Supreme Court of New Hampshire Hillsborough.Filed May 29 and July 7, 1964. Submitted July 13, 1964. Decided July 16, 1964. 1. The legislative establishment of Congressional Districts of the state (RSA 63:4, 5) resulting in a discrepancy […]

235 A.2d 527 STATE v. JOHN W. WICKEY. No. 5652.Supreme Court of New Hampshire Strafford.Argued October 3, 1967. Decided November 30, 1967. 1. A motion to quash an indictment under RSA 579:9 charging the respondent with the commission of an unnatural and lascivious act upon a minor female child but alleging conduct which did not […]

445 A.2d 1101 NASHUA TRUST COMPANY v. H. ROBERT WEISMAN a. No. 81-209Supreme Court of New Hampshire Hillsborough Decided May 12, 1982 1. Appeal and Error — Summary Judgments — Standard of Review In cases involving motions for summary judgment, the supreme court must consider the pleadings and affidavits filed in support of the motion […]

536 A.2d 1270 In re TWO HUNDRED SEVEN THOUSAND FIVE HUNDRED TWENTY-THREE DOLLARS AND FORTY-SIX CENTS IN UNITED STATES CURRENCY; APPROXIMATELY ONE THOUSAND NINE HUNDRED FIFTY-SIX PRE-1964 SILVER QUARTERS; TEN FIFTY-DOLLAR CANADIAN GOLD PIECES; FIFTY-FIVE ONE-OUNCE GOLD KRUGERRANDS; FORTY-THREE TWENTY-DOLLAR GOLD COINS; ONE TEN-DOLLAR GOLD COIN; ONE FIVE-DOLLAR GOLD COIN; FIVE HUNDRED AND SEVENTY-SEVEN SILVER […]

306 A.2d 776 FLOSSIE L. BURLEIGH v. ESTHER PLOEGSTRA No. 6407Supreme Court of New Hampshire Merrimack Decided June 29, 1973 1. Record sustained trial court’s denial of plaintiff’s motion to set aside as inadequate a verdict that plaintiff claimed had failed to include as damages a reasonable amount for her pain and suffering and for […]

33 A.2d 801 CYRILLE FORTIER, Adm’r v. CONCORD ELECTRIC COMPANY. No. 3414.Supreme Court of New Hampshire Merrimack. Decided June 25, 1943. In an action against a master for negligently causing the death of a servant, a lineman, by electrocution, the latter’s experience in the employment for a period of one year and three months disentitled […]

781 A.2d 1012 APPEAL OF THE CITY OF LACONIA (New Hampshire Board of Tax and Land Appeals) No. 99-752Supreme Court of New Hampshire Board of Tax and Land Appeals Decided August 31, 2001 1. Taxation — Exemptions From Taxation — CharitableOrganizations Where board of tax land appeals found that corporation operating elderly housing complex had […]

453 A.2d 1329 THE STATE OF NEW HAMPSHIRE v. PAUL BIRMINGHAM No. 82-062Supreme Court of New Hampshire Hillsborough Decided December 30, 1982 1. Criminal Law — Confessions — Suppression The U.S. Supreme Court has laid down the rule that regardless of compliance with Miranda v. Arizona, 384 U.S. 436 (1966), and other fifth amendment requirements, […]

406 A.2d 715 NEW HAMPSHIRE INSURANCE COMPANY v. JACQUELINE M. SCHOFIELD a. No. 79-062Supreme Court of New Hampshire Grafton Decided August 20, 1979 1. Insurance — Construction of Contracts — Exclusionary Clauses Where an insurance policy contains an express exclusion, the question is whether the ordinary layman in the position of the insured could reasonably […]

551 A.2d 952 CLIFFORD AVERY v. MICHAEL CUNNINGHAM, WARDEN, NEW HAMPSHIRE STATE PRISON No. 86-263Supreme Court of New Hampshire Merrimack Decided December 9, 1988 1. Habeas Corpus — Generally New Hampshire has adopted the common law rule that habeas corpus is not a substitute for an appeal. 2. Habeas Corpus — Issues Reviewable Although habeas […]

364 A.2d 625 STATE OF NEW HAMPSHIRE v. RICHARD D. FLEURY No. 7389Supreme Court of New Hampshire Sullivan Decided September 30, 1976 1. RSA 642:2, which provides that a person is guilty of a misdemeanor if he resists a police officer “seeking to effect an arrest or detention of himself or another”, does not create […]

470 A.2d 861 RAYMOND A. BURGESS, ESQ., AS TRUSTEE IN BANKRUPTCY FOR PINE VALLEY BUILDERS, INC. v. FRANCIS X. QUEEN No. 82-363Supreme Court of New Hampshire Hillsborough Decided October 28, 1983 1. Contracts — Novation — Generally A novation is defined as the promise by a new party to render some performance, the promise itself […]

427 A.2d 520 LARRY J. SMALL v. THE ZONING BOARD OF ADJUSTMENT AND THE BOARD OF SELECTMEN OF THE TOWN OF NEWBURY No. 80-282Supreme Court of New Hampshire Merrimack Decided March 16, 1981 1. Appeal and Error — Scope of Review Without a transcript, supreme court’s review is limited to notice of appeal and the […]

784 A.2d 1201 APPEAL OF PATRICK W. HOLLORAN (New Hampshire Compensation Appeals Board) No. 99-774Supreme Court of New Hampshire Compensation Appeals Board Decided November 14, 2001 1. Workers’ Compensation — Rehearings and Appeals — Standardof Review Supreme court will uphold findings and rulings of the appeals board unless they lack evidentiary support or are tainted […]

358 A.2d 394 KAREN AHERN v. EDWIN G. HOUGH JOHN BRODERICK No. 7220Supreme Court of New Hampshire Sullivan Decided May 29, 1976 1. No justification existed for the exercise of quasi in rem jurisdiction through the New Hampshire plaintiff’s trustee process attachment of the Vermont defendant’s automobile liability insurance company in New Hampshire in an […]

448 A.2d 417 APPEAL OF HUGH WATSON (New Hampshire Public Employee Labor Relations Board) No. 81-158Supreme Court of New Hampshire Public Employee Labor Relations Board Decided July 14, 1982 1. Public Employees — Public Employee Labor Relations Board — Authority The legislature has vested the public employee labor relations board with authority to define the […]

70 A.2d 909 STATE v. CLYDE STURTEVANT. No. 3864.Supreme Court of New Hampshire Rockingham. Decided January 3, 1950. In a criminal case in which the respondent was charged with reckless operation of a motor vehicle the admissibility of evidence of the analysis of a blood specimen taken from the respondent after the accident is not […]

182 A.2d 455 JAMES F. S. SARTORELLI, Adm’r a. v. SWENSON GRANITE COMPANY, INC. a. No. 4983.Supreme Court of New Hampshire Merrimack.Submitted May 2, 1962. Decided June 29, 1962. 1. In a petition for workmen’s compensation the findings of the Trial Court that decedent’s condition of silicosis existed at the commencement of his employment and […]

203 A.2d 641 STATE v. JOSEPH R. GROULX. No. 5256.Supreme Court of New Hampshire Manchester Municipal Court.Argued September 11, 1964. Decided October 6, 1964. 1. Evidence that a State Liquor Commission investigator paid money and placed a bet with the respondent on an out-of-state horse race at an establishment licensed by the Commission for the […]

818 A.2d 1255 CATRINA GRAVES v. FRANKLIN L. ESTABROOK No. 2002-118Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued January 8, 2003 Opinion Issued March 3, 2003 1. Negligence — Damages — Emotional Distress Plaintiff who lived with and was engaged to marry decedent may recover for negligent infliction of emotional distress as a result of […]

210 A.2d 474 MARIANNE P. SAWTELLE v. HOMER J. SAWTELLE. No. 5322.Supreme Court of New Hampshire Cheshire.Argued March 3, 1965. Decided May 24, 1965. 1. A motion to have transcripts of a hearing before the Superior Court placed on file with the clerk of court (RSA 519:28) was properly denied where the requesting party not […]

117 A.2d 924 RALPH DAVIS v. WADE MOTOR SALES, INC. No. 4422.Supreme Court of New Hampshire Cheshire.Argued October 4, 1955. Decided October 24, 1955. Where the plaintiff entered the defendant’s automobile service station as a business invitee to purchase supplies and services and was injured by falling into an unguarded service pit known by the […]

512 A.2d 427 THE STATE OF NEW HAMPSHIRE v. ROY E. JUDKINS No. 84-439Supreme Court of New Hampshire Carroll Decided July 9, 1986 1. Appeal and Error — Preservation of Questions — Particular Cases Defendant properly preserved for appeal issue of whether the trial court properly admitted evidence, where counsel’s objection gave the trial court […]

178 A.2d 509 LESLIE J. ROGERS v. CONCORD. No. 4967.Supreme Court of New Hampshire Merrimack.Argued December 5, 1961. Decided March 6, 1962. 1. Towns (RSA 31:4 III) and hence cities (RSA 44:2) are authorized to lay out public parking areas and for such purposes land may be taken, damages assessed, and the same remedies and […]

474 A.2d 1029 THE STATE OF NEW HAMPSHIRE v. SHAWN LEUTHNER No. 82-503Supreme Court of New Hampshire Rockingham Decided April 6, 1984 1. Evidence — Admissibility Generally — Relevancy Evidence is relevant if it tends in any way to establish a proposition which is of consequence in the action. 2. Evidence — Admissibility Generally — […]

45 A.2d 654 GLENROY W. SCOTT, Ap’t v. J. EARL DAVIS a. No. 3533.Supreme Court of New Hampshire Cheshire. Decided February 11, 1946. The statute of zoning (R. L., c. 51, ss. 6469) providing an appeal from the city government to the Superior Court confers the same right of appeal as that granted from the […]

396 A.2d 1098 THE STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE, INC. v. THE NEW HAMPSHIRE PUBLIC EMPLOYEE LABOR RELATIONS BOARD No. 78-079Supreme Court of New Hampshire Public Employee Labor Relations Board Decided December 29, 1978 1. Public Employees — Public Employee Labor Relations Board — Elections Certainty and finality in election results proclaimed by the […]

266 A.2d 853 PETITION OF NEW HAMPSHIRE BAR ASSOCIATION. No. 6078.Supreme Court of New Hampshire Original. Decided June 30, 1970. 1. Even though RSA 294-A:1-8 (supp.), as inserted by Laws 1969, 111:1, authorized the practice of law in the corporate form to obtain tax advantages, the New Hampshire Bar Association petitioned the supreme court to […]

20 A.3d 901 ERIC LEE KNIGHT v. CHERYL ANN MAHER. No. 2010-290.Supreme Court of New Hampshire. Derry Family Division.Submitted: March 10, 2011. Opinion Issued: April 14, 2011. 1. Domestic Violence — Generally The purpose of the chapter governing the protection of persons from domestic violence is to preserve and protect the safety of the family […]

605 A.2d 1045 THE STATE OF NEW HAMPSHIRE v. GARY P. HERMSDORF THE STATE OF NEW HAMPSHIRE v. QUEEN CITY PHARMACY, INC. d/b/a THE MEDICINE SHOPPE No. 90-181Supreme Court of New Hampshire Merrimack Decided March 20, 1992 1. Fraud — Medicaid Fraud — Aggregation of Offenses Medicaid fraud statute allows aggregation of small sums in […]

725 A.2d 1 THE STATE OF NEW HAMPSHIRE v. DAVID FISCHER No. 96-787Supreme Court of New Hampshire Strafford Decided February 3, 1999 1. Witnesses — Credibility — Inconsistencies In order for common law rule allowing admission of prior consistent statements to rehabilitate a witness’s credibility to apply; prior inconsistent statements must have been introduced into […]

169 A.2d 765 WILLIAM H. PERRY a v. STATE TAX COMMISSION. No. 4921.Supreme Court of New Hampshire Original.Argued March 7, 1961. Decided April 19, 1961. 1. The scope of certiorari is limited to the determination of whether the administrative tribunal from which review is sought has acted illegally in respect to jurisdiction, authority or observance […]

358 A.2d 408 GERARD M. FORREST v. STATE PERSONNEL COMMISSION No. 6745 No. 6746Supreme Court of New Hampshire State Personnel Commission Original Decided April 30, 1976 1. The supreme court may issue a writ of certiorari to determine whether a tribunal has acted illegally as to matters of jurisdiction, authority, and observance of the law, […]

68 A.2d 672 MARY M. PANAGOULIS v. PHILIP MORRIS CO. No. 3849.Supreme Court of New Hampshire Hillsborough. Decided October 3, 1949. Certain evidence justified a finding that the defendant was negligent in failing to provide a suitable handrail upon a stairway in its store and that such failure was causal of plaintiff’s injuries. There was […]

201 A.2d 901 HARRY M. PIERCE, Adm’r estate of ALBERTHA Z. PIERCE a. v. H. CLAUDE MOWRY, Adm’r estate of JOSEPH C. MOWRY. No. 5220.Supreme Court of New Hampshire Cheshire.Argued June 2, 1964. Decided July 1, 1964. 1. In actions to recover for injuries sustained by the operator of a motor vehicle and his passengers […]

422 A.2d 1309 CONTINENTAL INSURANCE COMPANY v. NEW HAMPSHIRE INSURANCE CO. a. No. 79-233 No. 79-244Supreme Court of New Hampshire Hillsborough Decided November 13, 1980 1. States — Sovereign Immunity — Waivers Although the State normally enjoys benefits of sovereign immunity from tort actions, it waives its immunity to the extent it has obtained liability […]

384 A.2d 135 FREDERICK MARTINEAU v. EVERETT I. PERRIN, WARDEN No. 7974Supreme Court of New Hampshire Original Decided March 24, 1978 Habeas Corpus — Denial of Relief Where petition for habeas corpus challenged deprivation of good time credits on maximum part of prisoner’s sentence for attempted burglary, a crime committed while prisoner was on parole […]