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 […]
Category: New Hampshire Court Opinions
PERRY v. STATE TAX COMMISSION, 103 N.H. 264 (1961)
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 […]
WILLIAMS v. DUSTON, 79 N.H. 490 (1920)
111 A. 690 HANNAH M. WILLIAMS v. FRED K. DUSTON. Supreme Court of New Hampshire Rockingham. Decided November 3, 1920. A verdict is ordered for the plaintiff only when the sole inference from undisputed facts conclusively establishes the plaintiff’s case. Declarations as to boundary made by the husband of a grantor, he being alive and […]
BANK v. MOWRY, 66 N.H. 598 (1891)
22 A. 555 LIME ROCK NATIONAL BANK v. MOWRY a. Supreme Court of New Hampshire Grafton. Decided June, 1891. An assignment of a mortgage given for a subsisting debt, as collateral security for a prospective indebtedness of the assignor, is not within G. L., c. 136, s. 3, prohibiting mortgages to secure future advances. MOTION […]
FORREST v. STATE PERSONNEL COMM’N, 116 N.H. 203 (1976)
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, […]
PANAGOULIS v. COMPANY, 95 N.H. 524 (1949)
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 […]
PIERCE v. MOWRY, 105 N.H. 428 (1964)
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 […]
CONTINENTAL INS. CO. v. N.H. INS. CO., 120 N.H. 713 (1980)
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 […]
COLLA v. TOWN OF HANOVER, 153 N.H. 206 (2006)
STANLEY COLLA a. v. TOWN OF HANOVER. No. 2005-217.Supreme Court of New Hampshire Grafton.Submitted: November 16, 2005. Opinion Issued: January 27, 2006. 1. Zoning and Planning — Administration and Enforcement — Procedure To comply with statute on rehearing procedures, a motion for rehearing to a zoning board must “set forth fully every ground” on which […]
LEAVITT v. TELEPHONE CO., 72 N.H. 290 (1903)
56 A. 462 LEAVITT v. NEW ENGLAND TELEPHONE AND TELEGRAPH CO. Supreme Court of New Hampshire Belknap. Decided November 3, 1903. The admission of irrelevant evidence which has no prejudicial effect does not furnish sufficient cause for setting aside a verdict. Remarks of counsel in closing argument are not objectionable if, as statements of fact, […]
UTICA MUT. INS. CO. v. LANGEVIN, 87 N.H. 267 (1935)
177 A. 549 UTICA MUTUAL INSURANCE CO. v. EUGENE R. LANGEVIN a. Supreme Court of New Hampshire Strafford. Decided March 5, 1935. A policy of liability insurance was issued to the owner of a truck and by its terms was made available to anyone “riding in or legally operating” the truck and to anyone “legally […]
MARTINEAU v. PERRIN, 118 N.H. 167 (1978)
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 […]
McNAMARA v. MOSES, 146 N.H. 729 (2001)
781 A.2d 1015 MARILYN BILLINGS MCNAMARA a. v. ROBERT J. MOSES a. No. 2000-337Supreme Court of New Hampshire Hillsborough-northern judicial district Decided August 31, 2001 1. Evidence — Opinion Testimony — Market Value In action for damages and penalties for unlawful cutting of trees, plaintiff’s personal knowledge of the trees growing on her land supplemented […]
LEFEBVRE v. GOVERNMENT EMPLOYEES INS. CO., 110 N.H. 23 (1969)
259 A.2d 133 PHILIP LEFEBVRE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY. No. 5982.Supreme Court of New Hampshire Strafford. Decided November 28, 1969. 1. Where a liability insurance policy obligated the insurer within the policy limits to pay all reasonable medical expenses “incurred” by the insured military serviceman, it was held that the value of medical services […]
STATE v. KEYES, 114 N.H. 487 (1974)
322 A.2d 615 STATE OF NEW HAMPSHIRE v. JOHN KEYES No. 6888Supreme Court of New Hampshire Belknap Decided July 19, 1974 1. Question of a witness’ competency to testify is a threshold question to be determined by the trial judge alone. 2. Trial judge’s submission to the jury of the question of a witness’ competency […]
CARPENTER v. COMPANY, 78 N.H. 118 (1916)
97 A. 560 SAMUEL CARPENTER v. W. H. McELWAIN COMPANY. Supreme Court of New Hampshire Hillsborough. Decided February 1, 1916. To constitute a joint tort, there need not be concerted action on the part of all sought to be charged, but, if the negligence of each is a proximate cause of the single indivisible injury, […]
PUBLIC SERVICE CO. v. SHANNON, 105 N.H. 67 (1963)
192 A.2d 608 PUBLIC SERVICE COMPANY v. MARION H. SHANNON. No. 5150.Supreme Court of New Hampshire Public Utilities Commission.Argued June 25, 1963. Decided July 9, 1963. 1. A public utility supplying electricity has statutory authority (RSA 371:1) to exercise the power of condemnation. 2. The granting by the Public Utilities Commission of an easement for […]
ROY v. AMOSKEAG FABRICS, 93 N.H. 324 (1945)
41 A.2d 607 ALICE ROY v. AMOSKEAG FABRICS, INC. No. 3513.Supreme Court of New Hampshire Hillsborough. Decided March 6, 1945. One who comes upon the premises of another to seek employment, at the express direction of the superintendent who had authority to hire help, is an invitee or business visitor of the latter who is […]
HUNT v. PERSONNEL COMM’N, 115 N.H. 713 (1975)
349 A.2d 605 JAMES H. HUNT v. PERSONNEL COMMISSION No. 7155Supreme Court of New Hampshire Personnel Commission Decided December 31, 1975 1. Absent specific delegation of authority from the legislature to department heads to abolish positions in State government, the power to abolish positions rests only with the legislature under part II, article 5 of […]
BEARD v. HENNIKER, 69 N.H. 279 (1897)
39 A. 1016 BEARD, Ap’t, v. HENNIKER AND HILLSBOROUGH. Supreme Court of New Hampshire Hillsborough. Decided December, 1897. It is within the discretion of the court at the trial term to permit an appellant in a highway proceeding to amend the petition by striking out an averment of grievance by the laying out and the […]
CORNELLIER v. HINSDALE RACEWAY, 109 N.H. 220 (1968)
248 A.2d 91 ROBERT A. CORNELLIER v. HINSDALE RACEWAY, INC. No. 5766.Supreme Court of New Hampshire Cheshire.Argued June 5, 1968. Decided November 26, 1968. 1. Where the plaintiff executed a release under seal discharging the releasee “and any and all other persons, firms and corporations” from all causes of action and claims arising out of […]
PELLETIER v. AUCLAIR TRANSP. CO., 109 N.H. 302 (1969)
250 A.2d 834 ARTHUR PELLETIER a. v. AUCLAIR TRANSPORTATION, INC. No. 5727.Supreme Court of New Hampshire Hillsborough.Argued November 6, 1968. Decided March 4, 1969. 1. The jurisdiction of the Superior Court in arbitration of disputes (RSA 542:8) is limited to the correction or modifying of the award of arbitrators for plain mistake, or vacate it […]
GOSSELIN v. GRIFFIN, 79 N.H. 510 (1920)
111 A. 854 ZEPHERIN GOSSELIN v. WILLARD H. GRIFFIN. Supreme Court of New Hampshire Hillsborough. Decided December 7, 1920. The conclusion of the trial court that it does not clearly appear that injustice would result from the exclusion of the testimony of the surviving party may, if excepted to, be revised by the supreme court […]
REED v. HATCH, 55 N.H. 327 (1875)
REED v. HATCH. Supreme Court of New Hampshire Sullivan. Decided March 11, 1875. A conveyed to B a piece of land on which a saw-mill was standing, and a right of flowage of A’s adjoining land. Following the habendum clause in the deed were the usual covenants in the ordinary form of warranty deeds. These […]
LOTHROP v. LOCKE, 59 N.H. 532 (1880)
LOTHROP a. v. LOCKE. Supreme Court of New Hampshire Strafford. Decided June, 1880. A declaration in replevin alleging an unlawful caption of a chattel is not supported by proof of an unlawful detention. REPLEVIN, for a piano. The declaration alleged that the defendant unlawfully took the piano. Plea, non cepit, with a brief statement that […]
GRANITE STATE GROCERS ASS’N v. STATE LIQUOR COMM’N, 112 N.H. 62 (1972)
289 A.2d 399 GRANITE STATE GROCERS ASSOCIATION a. v. STATE LIQUOR COMMISSION a. No. 6268.Supreme Court of New Hampshire Merrimack. Decided March 7, 1972. 1. The statutory provisions on alcoholic beverages provide a complete and well-rounded regulatory system for the supervision and fractionalization of the beverage industry. 2. The statutory limitation of two off-sale alcoholic […]
GREAT LAKES AIRCRAFT CO. v. CITY OF CLAREMONT, 135 N.H. 270 (1992)
608 A.2d 840 GREAT LAKES AIRCRAFT CO., INC. v. CITY OF CLAREMONT No. 89-476Supreme Court of New Hampshire Sullivan Decided March 9, 1992 1. Statutes — Construction and Application — Plain Meaning First step in statutory construction is to examine language found in statute itself and, where possible, ascribe plain and ordinary meanings to words […]
STATE v. TALLARD, 143 N.H. 228 (1998)
723 A.2d 574 THE STATE OF NEW HAMPSHIRE v. HENRI PAUL TALLARD, JR. No. 96-823Supreme Court of New Hampshire Grafton Decided December 23, 1998 1. Criminal Law — Judgement and Sentence — StatutoryProvisions Country correctional officer was a “law enforcement officer” within meaning of sentence enhancement statute, and therefore inmate who assaulted county correctional officer […]
IN RE RULE ON CONTINUING EDUCATION, 115 N.H. 547 (1975)
345 A.2d 394 IN RE PROPOSED RULE RELATING TO CONTINUING EDUCATION FOR DISTRICT AND MUNICIPAL COURT JUDGES No. 7249Supreme Court of New Hampshire Original Decided September 30, 1975 1. The desirability of continuing education for judges is widely accepted. 2. Judicial education conferences provide information on recent developments in the law, and in methods of […]
CLARK v. BRITTON, 76 N.H. 64 (1911)
79 A. 494 CLARK v. BRITTON, Adm’r. Supreme Court of New Hampshire Carroll. Decided March 7, 1911. Where the owner of a gristmill, who also sold grain at retail, agreed with a purchaser of the business not to deal in grain “in any way, form, or manner,” within a radius of ten miles of the […]
BJORK v. COMPANY, 79 N.H. 402 (1920)
111 A. 284, 111 A. 533 ARVED L. BJORK, by his next friend CLAUS W. BJORK v. UNITED STATES BOBBIN SHUTTLE CO. Supreme Court of New Hampshire Hillsborough. Decided April 6, 1920. In an action at common law by an employee against his employer, who has accepted the provisions of Laws 1911, c. 163, the […]
TURCOTTE v. FELLOWS, 78 N.H. 616 (1918)
103 A. 129 AMEDEE TURCOTTE v. BERT J. FELLOWS. Supreme Court of New Hampshire Hillsborough. Decided March 5, 1918. CASE, under c. 163, Laws 1911, to recover for injuries received in the course of the plaintiff’s employment by the defendant. Trial by jury and verdict for the plaintiff. The defendant moved for a verdict upon […]
HARVEY v. NORTHWOOD, 65 N.H. 117 (1889)
19 A. 653 HARVEY v. NORTHWOOD. Supreme Court of New Hampshire Rockingham. Decided June, 1889. Leave to file a new and corrected claim for damages against a town for injuries on a highway will be granted if the defect in the original notice occurred through mistake and accident for which the plaintiff was not at […]
GENDRON v. ST. PIERRE, 72 N.H. 400 (1903)
56 A. 915 GENDRON v. ST. PIERRE. Supreme Court of New Hampshire Hillsborough. Decided December 31, 1903. Where a declaration contains two counts, it is to be presumed that a general verdict for the plaintiff was rendered upon evidence introduced upon both of them, in the absence of a certificate from the trial court showing […]
WHITCOMB v. STARKEY, 63 N.H. 607 (1885)
4 A. 793 WHITCOMB v. STARKEY a. Supreme Court of New Hampshire Cheshire. Decided December, 1885. The devisee of an unexpired term, who does not enter upon the demised premises nor in any way signify his intention to accept the lease, is not liable for the rent. COVENANT, for rent of premises in Keene upon […]
OCEAN ACC. c. CO. v. CONNELL, 93 N.H. 77 (1943)
35 A.2d 385 OCEAN ACCIDENT GUARANTEE CORPORATION, LTD. v. STEPHEN CONNELL a. No. 3448.Supreme Court of New Hampshire Hillsborough. Decided December 7, 1943. A servant who, without notice or without having been put on inquiry as a reasonable man concerning a change of employers, continues to work performing the same duties he was first engaged […]
OPINION OF THE JUSTICES, 76 N.H. 612 (1889)
85 A. 781 OPINION OF THE JUSTICES.[*] Supreme Court of New Hampshire Decided July 22, 1889. [*] This Opinion of the Justices, submitted to the house of representatives of the legislature on July 22, 1889 was printed in the legislative journal for that year (pp. 624-627), but has never before appeared in the law reports. […]
LFC LEASING FINANCIAL CORP. v. ASHUELOT NAT. BK., 120 N.H. 638 (1980)
419 A.2d 1120 LFC LEASING AND FINANCIAL CORPORATION v. ASHUELOT NATIONAL BANK No. 80-035Supreme Court of New Hampshire Cheshire Decided September 17, 1980 1. Trover and Conversion — Conversion — Elements Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it […]
DeROY v. COPP, 123 N.H. 13 (1983)
455 A.2d 1034 BRIAN DeROY v. ARTHUR C. COPP No. 81-180Supreme Court of New Hampshire Belknap Decided January 24, 1983 1. Verdict — Errors — Generally Supreme court had previously concluded that language such as “not guilty” on the verdict form in a civil case gives rise to an obvious inconsistency between the judge’s charge […]
BLISS v. STOW MILLS, INC., 146 N.H. 550 (2001)
786 A.2d 815 ROBERT BLISS v. STOW MILLS, INC. No. 99-264Supreme Court of New Hampshire Cheshire Decided June 27, 2001 1. Labor — Termination of Employment — Wrongful Discharge Public policy violated by a wrongful discharge can be based on statutory or nonstatutory policy. 2. Constitutional Law — Supremacy Clause — Generally State law is […]
APPEAL OF KRAFT FOODS, INC., 147 N.H. 572 (2002)
794 A.2d 779 APPEAL OF KRAFT FOODS, INC. No. 2000-441Supreme Court of New Hampshire Compensation Appeals BoardArgued: January 17, 2002 Opinion Issued: April 15, 2002 1. Workers’ Compensation — Injuries or Illnesses Compensable— In Course of and Arising Out of Employment Compensation appeals board erred as a matter of law when it granted benefits to […]
STEINFIELD v. COMPANY, 80 N.H. 39 (1921)
112 A. 800 FRANK STEINFIELD v. MASSACHUSETTS BONDING AND INSURANCE CO. Supreme Court of New Hampshire Sullivan. Decided January 4, 1921. The soldiers’ and sailors’ relief act (U.S. Stat., 1918, Supp., s. 3078 1/4 e), extending the time for bringing actions “limited by any law,” applies to limitations stipulated for by contract. ASSUMPSIT, upon a […]
GILLIAM v. WALTSONS CORPORATION, 105 N.H. 373 (1964)
201 A.2d 107 FLORENCE GILLIAM v. WALTSONS CORPORATION. No. 5177.Supreme Court of New Hampshire Hillsborough.Argued April 7, 1964. Decided June 2, 1964. 1. Where the defendant corporation, owner of a shopping center, constructed a row of stores to be leased to merchants but permitted one end of the continuous sidewalk in front thereof to remain […]
BELISLE v. BELISLE, 88 N.H. 459 (1937)
191 A. 273 JOSEPH E. BELISLE a. v. HORACE E. BELISLE a. Supreme Court of New Hampshire Belknap. Decided April 6, 1937. A conveyance made to defraud creditors is voidable only by the creditors injured thereby or the grantor’s administrator in their behalf. A demurrer to a bill in equity admits only those facts which […]
DEUTSCHE BANK NAT’L TRUST CO. v. KEVLIK, 161 N.H. 800 (2011)
20 A.3d 1002 DEUTSCHE BANK NATIONAL TRUST COMPANY v. JAMES KEVLIK a. No. 2010-249.Supreme Court of New Hampshire. Derry District Court.Argued: February 17, 2011. Opinion Issued: April 28, 2011. 1. Property — Generally — Title andOwnership The statute which requires title issues to be resolved in superior court does not relieve a possessory plaintiff of […]
IN RE OF LAURA, 161 N.H. 333 (2010)
13 A.3d 330 IN THE MATTER OF ANTHONY J. LAURA AND ERICKA P. SCOTT. No. 2010-183.Supreme Court of New Hampshire. Manchester Family DivisionArgued: November 17, 2010. Opinion Issued: December 22, 2010. 1. Parent and ChiW — Child Supports Order of Support New Hampshire’s child support guidelines are codified, and establish a uniform system to determine […]
STATE v. ELLISON, 58 N.H. 325 (1878)
STATE v. ELLISON a. Supreme Court of New Hampshire Carroll. Decided June, 1878. An indictment for burglary and the larceny of certain articles “of the goods and chattels of A B” is not sustained, if the articles, all in the possession of A, belonged some to A and some to B. INDICTMENT, under Gen. St., […]
SMITH v. RAILROAD, 70 N.H. 53 (1899)
47 A. 290 SMITH, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Belknap. Decided December, 1899. In an action against a railroad company for negligently causing the death of a traveler at a highway crossing, evidence that it was the uniform habit of the deceased to slacken the speed of his horse, and […]
STATE v. LAINEY, 117 N.H. 592 (1977)
375 A.2d 1162 THE STATE OF NEW HAMPSHIRE v. LEWIS L. LAINEY No. 7698Supreme Court of New Hampshire Hillsborough Decided July 11, 1977 1. Constitutional Law — Speedy Trial — Tests Speedy trial concept is more vague conceptually than other procedural guarantees; tests for determining whether the right to speedy trial has been abridged include […]
PETITION OF GUNZEL, 124 N.H. 495 (1984)
471 A.2d 1189 PETITION OF WILLIAM S. GUNZEL (New Hampshire Department of Labor) No. 83-020Supreme Court of New Hampshire Department of Labor Decided February 16, 1984 1. Workers’ Compensation — Appeal and Review — Certiorari The statute provides that the findings of the labor commissioner in a workers’ compensation case as to the amount of […]
KIDD v. TRUST CO., 75 N.H. 154 (1909)
71 A. 878 KIDD a. v. NEW YORK SECURITY AND TRUST CO. a. Supreme Court of New Hampshire Rockingham. Decided January 5, 1909. In a proceeding to set aside a transfer of the assets of a corporation on the ground of fraud, a general decree in favor of the defendants includes a finding that the […]
STONE v. PERRIN, 118 N.H. 109 (1978)
382 A.2d 1112 KEITH JON STONE v. EVERETT I. PERRIN, WARDEN NEW HAMPSHIRE STATE PRISON No. 7947Supreme Court of New Hampshire Merrimack Decided February 17, 1978 1. Waiver — Claim — Failure To Raise Plaintiff’s claim that parole board violated his statutory rights was waived by his failure to raise and brief issue on appeal. […]
STATE v. VANDERHEYDEN, 132 N.H. 536 (1989)
567 A.2d 553 THE STATE OF NEW HAMPSHIRE v. CAMERON VANDERHEYDEN No. 88-367Supreme Court of New Hampshire Grafton Decided December 28, 1989 1. Grand Jury — Proceedings — Secrecy Although a non-prejudicial irregularity in grand jury procedure is generally insufficient to warrant dismissal, no indictment may stand where an unauthorized person has invaded the secrecy […]
COMPANY v. SHANAHAN, 65 N.H. 233 (1889)
19 A. 1002 PORTSMOUTH GAS LIGHT CO. v. SHANAHAN. Supreme Court of New Hampshire Rockingham. Decided December, 1889. The charter of a gaslight company gave them the right to lay pipes in the streets of a city, the consent of the city authorities being first obtained; and such consent having been obtained, pipes were laid […]
PIKE v. SCRIBNER, 101 N.H. 314 (1958)
142 A.2d 154 MARILYN F. PIKE v. GEORGE C. SCRIBNER. ROLAND M. PIKE v. SAME. No. 4658.Supreme Court of New Hampshire Strafford.Argued May 7, 1958. Decided May 29, 1958. 1. The fact that a sheriff’s return of service of process stated that the defendant was served by leaving a copy at his abode in this […]
DODGE v. CLAIR, 105 N.H. 276 (1964)
198 A.2d 12 CLIFFORD R. DODGE v. JOHN M. CLAIR. No. 5191.Supreme Court of New Hampshire Strafford.Argued February 4, 1964. Decided March 3, 1964. 1. In an action for personal injuries sustained by a pedestrian who was struck by an oppositely approaching motor vehicle the evidence warranted submitting to the jury the issue of whether […]
CLARK v. CLARK, 94 N.H. 398 (1947)
54 A.2d 166 GENEVIEVE G. CLARK v. JAMES W. CLARK, JR. No. 3671.Supreme Court of New Hampshire Hillsborough. Decided July 2, 1947. A conviction in Massachusetts by a general court-martial of the United States Navy having competent jurisdiction of an offense punishable by imprisonment for more than one year and actual imprisonment thereunder in naval […]
BARKER v. CLARK, 72 N.H. 334 (1903)
56 A. 747 BARKER v. CLARK a. Supreme Court of New Hampshire Hillsborough. Decided December 1, 1903. Where the widow of a testator is given the income of an estate for life, with power “to use and expend what may be necessary for her maintenance and support, “a sale of the property by her is […]
NASH INVEST. PROP. v. TOWN OF HUDSON, 147 N.H. 233 (2001)
786 A.2d 825 Nash Investment Properties v. Town Of Hudson, Ballinger Properties a. v. Town Of Londonderry No. 2000-024Supreme Court of New Hampshire Hillsborough-southern district Decided November 26, 2001 1. Taxation — Constitutional Requirements and Restrictions —Generally In selecting a certain class of property for taxation and exempting other property, the legislature’s exercise of discretion […]
SAMALES v. ESSIE, 94 N.H. 262 (1947)
51 A.2d 639 ANNIE SAMALES v. GEORGE E. ESSIE. No. 3631.Supreme Court of New Hampshire Hillsborough. Decided March 4, 1947. Although the Trial Court erroneously ruled that evidence of a good defense to an action would not be received, an exception thereto is unavailing where, without resting upon such exception, a detailed offer of proof […]
STATE v. GORMAN, 120 N.H. 685 (1980)
421 A.2d 141 THE STATE OF NEW HAMPSHIRE v. JAMES R. GORMAN, III No. 80-048Supreme Court of New Hampshire Rockingham Decided October 2, 1980 Constitutional Law — Right to Jury Trial — Fees Prior decision holding that $8 filing fee for appeal was unconstitutional did not apply retroactively where appeal from criminal trespass conviction to […]
ZURBACK STEEL CORP. v. EDGCOMB, 120 N.H. 42 (1980)
411 A.2d 153 ZURBACK STEEL CORPORATION v. ROBERT EDGCOMB No. 79-144Supreme Court of New Hampshire Rockingham Decided January 31, 1980 1. Pleading — Counterclaims — Recoupment Since independent contractor’s claim arose out of same transaction which gave rise to steel corporation’s suit against him for alleged overdraws on earned commissions allowed under oral employment contract, […]
CALEF v. BRINLEY, 58 N.H. 90 (1877)
CALEF v. BRINLEY a. STEVENS v. KENNARD a. Supreme Court of New Hampshire Hillsborough. Decided March, 1877. A statute lien, which has attached to property in the hands of the vendee, is not defeated by a subsequent rescission of the contract of sale by the vendor, nor by a writ and judgment in replevin for […]
STATE v. McLELLAN, 149 N.H. 237 (2003)
817 A.2d 309 THE STATE OF NEW HAMPSHIRE v. RONALD MCLELLAN No. 2001-557Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued January 15, 2003 Opinion Issued March 14, 2003 1. Criminal Law — Judgment and Sentence — EnhancedSentencing If the State fails to prove any element of an offense beyond a reasonable doubt, the double Jeopardy […]
APPEAL OF CARNAHAN, 160 N.H. 73 (2010)
APPEAL OF TIMOTHY CARNAHAN (New Hampshire Compensation Appeals Board). No. 2009-130.Supreme Court of New Hampshire. Compensation Appeals Board.Argued: January 13, 2010. Opinion Issued: April 8, 2010. 1. Workers’ Compensation — Rehearings and Appeals— Rehearing The doctrines of res judicata and collateral estoppel apply to final agency decisions in workers’ compensation cases. However, the statute governing […]
APPEAL OF GALLANT, 125 N.H. 832 (1984)
485 A.2d 1034 APPEAL OF LAURIE J. GALLANT (New Hampshire Department of Employment Security) No. 84-120Supreme Court of New Hampshire Department of Employment Security Decided December 31, 1984 1. Administrative Law — Orders and Regulations — Validity Agency regulations which contradict the terms of a governing statute exceed the agency’s authority. 2. Administrative Law — […]
TOPJIAN PLUMBING HEATING INC. v. BRUCE TOPJIAN, INC., 129 N.H. 481 (1987)
529 A.2d 391 TOPJIAN PLUMBING AND HEATING, INC. v. BRUCE TOPJIAN, INC. AND JEFFREY FENCER a. No. 86-351Supreme Court of New Hampshire Rockingham Decided July 10, 1987 1. Lis Pendens — Notice of Pendency of Action — Recordation Recording a writ in the form of a lis pendens gives notice but does not create an […]
PETITION OF ASSOCIATED GROCERS, 103 N.H. 302 (1961)
171 A.2d 37 PETITION OF ASSOCIATED GROCERS OF NEW HAMPSHIRE, INC. No. 4907.Supreme Court of New Hampshire State Milk Control Board.Argued April 4, 1961. Decided May 31, 1961. 1. A business organization which purchases milk from distributors and resells it to retailers is a distributor as defined in the Milk Control statute (RSA 183:2), although […]
STATE v. DECKER, 127 N.H. 468 (1985)
503 A.2d 796 THE STATE OF NEW HAMPSHIRE v. ROBERT DECKER No. 84-525Supreme Court of New Hampshire Hillsborough Decided December 5, 1985 1. Criminal Law — Sentence — Credit The presentence detention credit statutes stem principally from the recognition that presentence detention is often the result of indigency. RSA 651:3, I (Supp. 1983), 651-A:23 (Supp. […]
BOWERS v. PARKER, 58 N.H. 565 (1879)
BOWERS v. PARKER. Supreme Court of New Hampshire Hillsborough Decided March, 1879. The right to the possession of a life insurance policy, during the term of insurance, is in the person who effects the insurance and pays the premiums on the policy. An action for the possession of a life insurance policy cannot be maintained […]
STATE v. RODRIGUEZ, 136 N.H. 505 (1992)
618 A.2d 810 THE STATE OF NEW HAMPSHIRE v. JUAN RODRIGUEZ No. 91-280Supreme Court of New Hampshire Hillsborough Decided December 23, 1992 1. Constitutional Law — Confrontation of Witnesses — Generally Sixth amendment guarantees criminal defendants in both State and federal proceedings right to be confronted with witnesses against them. U.S. CONST. amend. VI. 2. […]
PERKINS v. ASSOCIATES, 100 N.H. 247 (1956)
123 A.2d 825 A. W. PERKINS a. v. EXETER ASSOCIATES, INC. WILLIAM H. SLEEPER v. A. W. PERKINS a. No. 4433.Supreme Court of New Hampshire Rockingham.Argued June 5, 1956. Decided July 6, 1956. The Superior Court, where justice requires, may order the consolidation of actions for trial as well as other convenient procedure which will […]
CORKIN v. ELGER CORPORATION, 106 N.H. 522 (1965)
214 A.2d 740 ALVAN R. CORKIN v. ELGER CORPORATION a. No. 5379.Supreme Court of New Hampshire Rockingham.Argued October 6, 1965. Decided December 7, 1965. 1. The statute (RSA ch. 331-A (supp)) providing for the licensing of real estate brokers is designed for the protection of owners of New Hampshire real estate and is expressly made […]
STATE v. BELKNER, 117 N.H. 462 (1977)
374 A.2d 938 THE STATE OF NEW HAMPSHIRE v. WILLIAM BELKNER, JAAN LAAMAN, RICHARD DUNN No. 7643 No. 7644 No. 7645Supreme Court of New Hampshire Merrimack Decided May 31, 1977 1. Indictments and Information — Sufficiency Indictment charging defendant with riot as class B felony, which precisely tracked language of statute and supplied underlying factual […]
STATE v. MORTRUD, 139 N.H. 423 (1995)
654 A.2d 464 THE STATE OF NEW HAMPSHIRE v. GREGORY R. MORTRUD No. 94-248Supreme Court of New Hampshire Grafton Decided February 13, 1995 1. Search and Seizure — Practice and Procedure — Generally A police officer may detain a suspect temporarily for investigative purposes when he or she has a reasonable suspicion, based on specific, […]
TOWN OF PELHAM v. BROWNING FERRIS INDUS., 141 N.H. 355 (1996)
683 A.2d 536 TOWN OF PELHAM v. BROWNING FERRIS INDUSTRIES OF NEW HAMPSHIRE, INC. a. No. 95-571Supreme Court of New Hampshire Hillsborough-southern judicial district Decided September 30, 1996 1. Environment and Natural Resources — Environmental Protection — Statutory Provisions New Hampshire’s solid waste management statute, codified as RSA chapter 149-M, implements the solid waste directives […]
CLARK v. WHEELER, 81 N.H. 34 (1923)
121 A. 588 ISABEL H. CLARK, Ex’x, a., v. FRANK J. WHEELER a. SAME v. SAME. Supreme Court of New Hampshire Coos. Decided April 3, 1923. A mortgagor is not a competent witness in an action of foreclosure by the assignee of a mortgage and the mortgagee’s estate, there being an equity in the mortgage […]
WALSH v. PUBLIC SERVICE CO., 92 N.H. 331 (1943)
30 A.2d 494 HELEN WALSH v. PUBLIC SERVICE CO. OF NEW HAMPSHIRE. SAME v. ALEXANDER YAROMA. No. 3351.Supreme Court of New Hampshire Hillsborough. Decided February 2, 1943. In an action against a street railway for negligently discharging a passenger at an unsafe place, tried together with an action by the same plaintiff against the driver […]
STATE v. CITY OF DOVER, 153 N.H. 181 (2006)
891 A.2d 524 THE STATE OF NEW HAMPSHIRE v. CITY OF DOVER a. No. 2005-552.Supreme Court of New Hampshire Merrimack.Argued: October 19, 2005. Opinion Issued: January 18, 2006. 1. Guardianship — Generally — Parens Patriae “Parens patriae” literally means “parent of the country,” and refers traditionally to the role of the State as sovereign and […]
HUSNANDER v. TOWN OF BARNSTEAD, 139 N.H. 476 (1995)
660 A.2d 447 MARK L. HUSNANDER v. TOWN OF BARNSTEAD a. No. 93-626Supreme Court of New Hampshire Belknap Decided April 21, 1995 1. Zoning and Planning — Generally — Exceptions, Variances, and Nonconforming Uses The variance is the safety valve of zoning administration, it is a waiver of the strict letter of the zoning ordinance […]
IN RE TODD P., 127 N.H. 792 (1986)
509 A.2d 140 In re TODD P. No. 85-260Supreme Court of New Hampshire Peterborough District Court Decided April 9, 1986 1. Schools and School Districts — Special Education — Purpose Special education statute was developed to insure that the State board of education and the school districts of the State provide a free and appropriate […]
SANFORD v. NICKERSON, 91 N.H. 71 (1940)
13 A.2d 723 THOMAS J. SANDFORD v. NELSON E. NICKERSON, JR. No. 3164.Supreme Court of New Hampshire Carroll. Decided May 27, 1940. As between buyer and seller, delivery of ascertained goods or chattels is not essential to transfer of title; for “the property in them is transferred to the buyer at such time as the […]
HODGDON v. MUDGETT, 62 N.H. 698 (1883)
HODGDON v. MUDGETT. Supreme Court of New Hampshire Carroll. Decided June, 1883. TRESPASS cl. qu. Referee’s report for the defendant. J. H. Hobbs, for the plaintiff. Copeland Edgerly, for the defendant. Page 699 STANLEY, J. The plaintiff has no title, and the referee might find that the defendant had possession. Judgment on the report. CLARK […]
ALBANY v. ABBOTT, 61 N.H. 157 (1881)
ALBANY v. ABBOTT. Supreme Court of New Hampshire Carroll. Decided December, 1881. Illegal interest may be recovered back in an action for money had and received, and no special demand is necessary before suit brought. Selectmen have power to institute such a suit in favor of their town without special authority. The defence of agency […]
BRODERICK A AP’TS v. SMITH, 92 N.H. 33 (1942)
23 A.2d 774 ELLEN A. BRODERICK a Ap’ts v. GEORGE H. SMITH, Trustee. No. 3283.Supreme Court of New Hampshire Hillsborough. Decided January 6, 1942. A probate appeal is not seasonably brought under P. L., c. 311, s. 2, where the appeal bond was not filed until two days after the elapse of the sixty day […]
STEBBINS v. STEBBINS, 121 N.H. 1060 (1981)
438 A.2d 295 LORETTA STEBBINS v. MAURICE STEBBINS No. 80-442Supreme Court of New Hampshire Merrimack Decided December 8, 1981 1. Divorce — Property Settlement — Modification A property settlement involves a final distribution of money or a specific portion of the spouses’ property, and is not subject to judicial modification on account of changed circumstances. […]
FIRST FED. SAV. c. ASS’N, v. STATE BD. OF TRUST CO., 109 N.H. 467 (1969)
254 A.2d 835 FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF NASHUA a. v. STATE BOARD OF TRUST COMPANY INCORPORATION a. No. 5896.Supreme Court of New Hampshire State Board of Trust Company.Argued April 1, 1969. Decided June 30, 1969. 1. In an appeal from the decision of an administrative board or commission the burden is on the […]
BROWN v. ELLSWORTH, 72 N.H. 186 (1903)
55 A. 356 BROWN v. ELLSWORTH Tr. EATON v. SAME. Supreme Court of New Hampshire Grafton. Decided June 2, 1903. A writ in which the day of return and the residence of the parties are erroneously stated, but which is duly entered at the term to which it should have been made returnable, may be […]
STATE v. BARNETT, 147 N.H. 334 (2001)
789 A.2d 629 THE STATE OF NEW HAMPSHIRE v. HERBERT BARNETT No. 2000-060Supreme Court of New Hampshire Hillsborough-southern judicial district Decided December 21, 2001 Reconsideration Denied February 4, 2002 1. Constitutional Law — Due Process — Generally Standard for determining whether a law or procedure violates due is whether it is fundamentally fair. N.H. CONST. […]
LADD v. BARTON, 64 N.H. 613 (1886)
6 A. 483 LADD v. BARTON. Supreme Court of New Hampshire Sullivan. Decided June, 1886. ASSUMPSIT, for $100, money had and received. Facts found by the court. G. R. Brown, for the plaintiff. H. W. Parker and L. W. Barton, for the defendant. DOE, C. J. The defendant obtained a pension for the plaintiff, and […]
STATE v. STREETER, 113 N.H. 402 (1973)
308 A.2d 535 STATE OF NEW HAMPSHIRE v. KENNETH R. STREETER No. 6496Supreme Court of New Hampshire Hillsborough Decided July 31, 1973 1. Trial court did not abuse its discretion in permitting the State to reopen its case so as to mark as exhibits packages of controlled drugs previously marked for identification only. 2. Trial […]
BARRETTE v. COMPANY, 79 N.H. 59 (1918)
104 A. 126 LOUISE BARRETTE, Adm’x, v. CASUALTY COMPANY OF AMERICA a. Supreme Court of New Hampshire Hillsborough. Decided June 29, 1918. An employers’ liability company, whose general agent had informed the assured that the company would insure him against liability to his employees for all injuries they might sustain, is liable to him on […]
STATE v. MACHINE, 97 N.H. 282 (1952)
86 A.2d 333 STATE v. TELETYPEWRITER MACHINE. No. 4081.Supreme Court of New Hampshire Grafton. Decided February 5, 1952. A teletypewriter designed for receiving purposes only which has no facilities for sending messages or for receiving or transmitting money or wagers is not a gambling implement per se, nor is it subject to seizure and forfeiture […]
STATE v. THORNTON, 63 N.H. 114 (1884)
STATE v. CATHARINE THORNTON. STATE v. JAMES THORNTON. STATE v. JOHN H. TAYLOR. Supreme Court of New Hampshire Merrimack. Decided June, 1884. Under Gen. Laws, c. 109, s. 15, an indictment for unlawfully keeping lager beer for sale need not allege that lager beer is spirituous or intoxicating liquor. Such an indictment is not vitiated […]
CLEVESY v. CLEVESY, 118 N.H. 604 (1978)
392 A.2d 135 NILES A. CLEVESY v. BARBARA A. CLEVESY No. 7861Supreme Court of New Hampshire Rockingham Decided September 27, 1978 1. Divorce — Alimony — Property Right The right to receive alimony pursuant to court order could be a property right, but not necessarily as a matter of law. 2. Divorce — Alimony — […]
MAINE NAT’L BANK v. BAKER, 116 N.H. 185 (1976)
355 A.2d 429 MAINE NATIONAL BANK v. JASON B. BAKER No. 7286Supreme Court of New Hampshire Rockingham Decided March 31, 1976 1. Under the circumstances disclosed by the record, trial court was justified in refusing to permit amendment of the writ of attachment authorized ex parte pursuant to RSA 511-A:8 (Supp. 1975) or modification of […]
HALEY v. COLCORD, 59 N.H. 7 (1879)
HALEY v. COLCORD. Supreme Court of New Hampshire Rockingham. Decided June, 1879. An obstruction of a private way of prescription, by the land-owner, making the way impassable, may create a reasonable necessity that the owner of the way should deviate from it, and go over another part of the land. TRESPASS qu. cl., against S. […]
HINZ v. PERKINS, 97 N.H. 114 (1951)
82 A.2d 423 MELVIN HINZ v. RAYMOND K. PERKINS, Solicitor a. No. 4044.Supreme Court of New Hampshire Merrimack. Decided July 2, 1951. In a petition for habeas corpus to determine whether the plaintiff, charged with nonsupport, is a fugitive from justice, the fact that he was in the demanding state only temporarily and for an […]
STATE v. SHEVLIN, 81 N.H. 121 (1923)
123 A. 233 STATE v. CONRAD B. SHEVLIN. Supreme Court of New Hampshire Rockingham. Decided October 2, 1923. A concealed intent not to keep a promise as to the respondent’s future action is not a false pretence within the meaning of P. S., c. 273, s. 1. INDICTMENT, for obtaining goods under false pretences. Trial […]
NEW HAMPSHIRE CIV. LIBERTIES UN. v. MANCHESTER, 149 N.H. 437 (2003)
821 A.2d 1014 NEW HAMPSHIRE CIVIL LIBERTIES UNION v. CITY OF MANCHESTER No. 2002-177Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued January 15, 2003 Opinion Issued April 30, 2003 1. Records — Right to Inspect — Generally Questions regarding the Right-to-Know Law are resolved with a view to providing the utmost information in order to […]