Category: New Hampshire Court Opinions

309 A.2d 150 WILLIAM R. LAWTON v. ANNABELLE M. LAWTON No. 6482Supreme Court of New Hampshire Hillsborough Decided August 27, 1973 1. Record warranted a holding that a divorce decree stipulation providing that the plaintiff pay to his former wife $240,000 in 240 monthly installments of $1,000 regardless of either party’s future change of circumstances […]

627 A.2d 595 VIRGINIA A. VOGEL v. EDWARD P. VOGEL Nos. 90-085 91-593Supreme Court of New Hampshire Hillsborough Decided June 30, 1993 1. Divorce — Enforcement — Child Support Pursuant to applicable federal regulations, State provides child support enforcement services to all individuals who apply, regardless of their financial status. 2. Divorce — Modification of […]

703 A.2d 266 DIANNE K. (MARCOUX) LINTEAU v. ROBERT W. GAUTHIER No. 96-305Supreme Court of New Hampshire Belknap Decided December 9, 1997 1. Interest — Recovery — Date Interest Accrues Where at the time plaintiff sued defendant for injuries she suffered in an automobile accident RSA 336:1 set the rate of interest on judgments at […]

455 A.2d 1065 BARBARA G. STAVENS v. RONALD J. STAVENS No. 82-096Supreme Court of New Hampshire Hillsborough Decided January 26, 1983 1. Divorce — Custody and Support of Children — Foreign Judgments Upon registration of a foreign support order under the Uniform Reciprocal Enforcement of Support Act, the foreign support order is treated as a […]

588 A.2d 813 AETNA LIFE CASUALTY COMPANY v. JOHN MARTIN, SR., ADMINISTRATOR OF THE ESTATE OF LEONARD P. MARTIN No. 90-307Supreme Court of New Hampshire Hillsborough Decided March 27, 1991 1. Contracts — Construction — Determination by Supreme Court A contractual provision creating a right to arbitration remains subject to traditional principles of contract law, […]

77 A.2d 105 GENE GOWING v. DOROTHY V. BELL. No. 3964.Supreme Court of New Hampshire Cheshire. Decided December 5, 1950. Where a clear reference is made to the premises leased and it appears reasonably certain what premises were meant by the parties, a lease is not void for want of sufficient identification. A written lease […]

111 A.2d 820 RUTH JOHNSON v. EVA F. JOHNSON. No. 4381.Supreme Court of New Hampshire Hillsborough.Argued February 1, 1955. Decided February 25, 1955. In an action of assumpsit by a daughter against her mother to recover for services rendered in the management of the household to enable her mother to be employed elsewhere, evidence of […]

86 A.2d 329 CHARLES J. SCAMMAN v. ARTHUR A. SONDHEIM a. Ex’rs. No. 4077.Supreme Court of New Hampshire Rockingham. Decided February 5, 1952. In the absence of special circumstances, it is the general rule that an executor or administrator is the only proper party to bring or defend actions relating to the personal estate of […]

776 A.2d 740 MICHAEL HAMMELL v. WARDEN, NEW HAMPSHIRE STATE PRISON No. 99-312Supreme Court of New Hampshire Merrimack Decided June 27, 2001 1. Courts — Jurisdiction — Criminal Cases In statute authorizing designation of district courts to be regional jury trial courts, the language, “said trial under this section shall be to the regional jury […]

627 A.2d 578 LOUISE MANKOSKI v. EDDIE BRILEY No. 92-435Supreme Court of New Hampshire Hillsborough Decided June 24, 1993 1. Evidence — Opinion Testimony — Generally Evidentiary rule concerning expert witness opinion testimony is codification of State’s common law. N.H. R. EV. 702. Page 309 2. Evidence — Opinion Testimony — Generally Although State evidentiary […]

221 A.2d 784 SANDRA CHRISTIAN a. v. ALLEN K. ELDEN a. No. 5392.Supreme Court of New Hampshire Hillsborough.Argued April 5, 1966. Decided June 30, 1966. 1. In an action for injuries sustained in a fall from a horse by the minor plaintiff child while taking riding lessons the evidence warranted the finding that the experienced […]

238 A.2d 8 KURT BEER v. NORTH CONWAY LIGHTING PRECINCT. No. 5702.Supreme Court of New Hampshire Carroll.Submitted January 3, 1968. Decided January 30, 1968. 1. A sidewalk is part of a highway and notice to the town, given as provided by statute (RSA 247:9, 10) that a highway is out of repair or unsafe, renders […]

430 A.2d 188 OPINION OF THE JUSTICES No. 81-138Supreme Court of New Hampshire Request of the Governor and Council Decided May 27, 1981 1. Constitutional Law — New Hampshire Constitution — Amendments Every reasonable presumption of law and fact is to be indulged in favor of an amendment to the State constitution after an amendment’s […]

289 A.2d 68 RAYMOND A. HAZEL L. MOULTON v. GROVETON PAPERS COMPANY a. TOWN OF STARK v. SAME. RAYMOND D. STONE v. SAME. No. 6252Supreme Court of New Hampshire Coos. Decided March 7, 1972. 1. The general purpose of RSA ch. 482 is to insure the control of the high and low water levels of […]

114 A.2d 882 IDA B. NEWCOMB a. v. JAMES H. RAY a. No. 4415.Supreme Court of New Hampshire Hillsborough.Argued June 8, 1955. Decided June 22, 1955. Where an executory contract for the purchase and sale of certain real and personal property provided that upon part payment of the purchase Page 464 price the plaintiff buyers […]

574 A.2d 1368 LAKE SUNAPEE PROTECTIVE ASSOCIATION v. THE NEW HAMPSHIRE WETLANDS BOARD AND M.J.S. ENTERPRISES, INTERVENOR No. 88-247Supreme Court of New Hampshire Sullivan Decided April 30, 1990 1. Administrative Law — Judicial Review — Findings Findings of New Hampshire Wetlands Board are prima facie lawful and reasonable on appeal, and its decision may not […]

4 A.2d 661 ANN REYNOLDS McCABE v. HARTFORD ACCIDENT INDEMNITY COMPANY a. No. 3031.Supreme Court of New Hampshire Hillsborough. Decided February 7, 1939. An insurance company is chargeable with the knowledge of its agent as to facts and matters relating to the issuance and attempted cancellation of its policies. A policy is not cancelled where […]

370 A.2d 631 STATE OF NEW HAMPSHIRE v. RODNEY LaROCHE No. 7454Supreme Court of New Hampshire Hillsborough Decided February 28, 1977 1. Criminal Law — Plea of Guilty — Voluntariness Although on its face the record of the arraignment shows defendant’s entry of his plea of guilty to have been made voluntarily, this does not […]

409 A.2d 1141 WESTINGHOUSE ELECTRIC SUPPLY CO., INC. v. ELECTROMECH, INC., a. No. 79-037 No. 79-038 No. 79-039 No. 79-040 No. 79-152Supreme Court of New Hampshire Coos Grafton Decided December 12, 1979 1. Liens — Mechanic’s Lien — Pre-Lien Notice If a supplier of materials has given notice only after the materials have been furnished, […]

534 A.2d 706 JAY EDWARDS, INC. v. PHILLIP BAKER a. No. 86-087Supreme Court of New Hampshire Rockingham Decided November 5, 1987 1. Pleading — Motion To Dismiss — Tests and Standards In ruling on a motion to dismiss, the court must determine whether the facts as pled are sufficient under the law to constitute a […]

566 A.2d 180 THE STATE OF NEW HAMPSHIRE v. ANTHONY FREDERICK No. 88-345Supreme Court of New Hampshire Hillsborough Decided November 13, 1989 Motor Vehicles — Alcohol Tests — Refusal To Take Test At trial for driving under the influence of intoxicating liquor, superior court properly overruled objection to the introduction of a form defendant had […]

177 A.2d 507 MARY B. COTE v. ALBERT LEVESQUE. No. 4971.Supreme Court of New Hampshire Hillsborough.Argued November 7, 1961. Decided January 29, 1962. 1. Where it was held in a prior transfer (Levesque v. Cote, 102 N.H. 297) that the defendant, who purchased real property with his own funds and took title in the joint […]

622 A.2d 1225 THE STATE OF NEW HAMPSHIRE v. RUSSELL A. ROBERTS No. 91-211Supreme Court of New Hampshire Carroll Decided March 25, 1993 1. Offenses — Particular Crimes — Witness Tampering Witness tampering statute protects an important public interest in discovering the truth in official proceedings and investigations. RSA 641:5 (1986). 2. Offenses — Particular […]

461 A.2d 561 MICHAEL J. MATTLEMAN v. MARLENE S. BANDLER No. 82-506Supreme Court of New Hampshire Rockingham Decided June 7, 1983 1. Divorce — Custody and Support of Children — Jurisdiction Trial court could not obtain “home state” jurisdiction over father’s custody modification action where the parties’ minor children had not resided in New Hampshire […]

562 A.2d 187 CENTRONICS CORPORATION v. GENICOM CORPORATION No. 88-160Supreme Court of New Hampshire Hillsborough Decided August 16, 1989 1. Pleading — Sufficiency — Contracts A breach of contract does not sound separately in tort. 2. Contracts — Construction — Implied Terms There is not merely one rule of implied good faith duty in New […]

834 A.2d 374 APPEAL OF LAKEVIEW NEUROREHABILITATION CENTER, INC. (New Hampshire Department of Employment Security). No. 2003-016.Supreme Court of New Hampshire Department of Employment SecurityArgued: September 10, 2003. Opinion Issued: October 29, 2003. 1. Unemployment Compensation — Employee Eligibility — Misconduct New Hampshire uses a two-pronged definition of employee misconduct: under the first prong, isolated […]

761 A.2d 1066 WEST GATE VILLAGE ASSOCIATION v. Joseph W. DUBOIS, Jr. a. Joseph W. Dubois, Jr. a. v. West Gate Village Association No. 98-376Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided October 11, 2000 1. Judgments — Res Judicata — Particular Cases Superior court property denied homeowners’ motion to dismiss, as claims asserted […]

363 A.2d 421 ELEANOR C. NICKAS v. PAUL ANTON NICKAS No. 7304Supreme Court of New Hampshire Cheshire Decided August 31, 1976 1. The master’s denial of defendant’s requests for findings that defendant did not voluntarily enter into his marriage with the plaintiff and that he did not abandon her in Illinois were in accord with […]

536 A.2d 740 NANCY PHELPS AND RICHARD PHELPS v. HASKELL KINGSTON, D.M.D. No. 87-036Supreme Court of New Hampshire Rockingham Decided December 7, 1987 1. Courts — Jurisdiction — In Personam Jurisdiction In determining whether or not it may exercise in personam jurisdiction over a foreign defendant, a court must typically engage in a two-part inquiry; […]

469 A.2d 1354 THE STATE OF NEW HAMPSHIRE v. KATHLEEN KAPLAN No. 83-028Supreme Court of New Hampshire Sullivan Decided December 29, 1983 1. Criminal Law — Accessories and Principals — Elements The accomplice liability statute provides, in part, that “an accomplice may be convicted on proof of the commission of the offense and of his […]

345 A.2d 162 STATE OF NEW HAMPSHIRE v. RUSSELL E. COLLINS, JR. No. 6862Supreme Court of New Hampshire Merrimack Decided September 30, 1975 1. The double jeopardy clauses of the United States Constitution and New Hampshire constitution do not prevent one from being punished twice for the same act, but from being tried and convicted […]

859 A.2d 1153 PETITION OF CHARLES R. BEAUREGARD, JR. a. No. 2004-005.Supreme Court of New Hampshire Cheshire.Argued: September 9, 2004. Opinion Issued: October 6, 2004. 1. Statutes — Maxims and Rules of Construction — Procedural v. Substantive When the legislature is silent as to whether a statute should apply prospectively or retrospectively, interpretation turns upon […]

187 A.2d 793 MATHEW J. BRENNAN, Ex’r v. HELEN M. TIMMINS. No. 5077.Supreme Court of New Hampshire Strafford.Argued November 7, 1962. Decided January 31, 1963. 1. The statute relating to joint bank accounts (RSA 384:28-32) confers on the survivor, at the death of the other co-owner, the property right of complete ownership with the attendant […]

547 A.2d 241 APPEAL OF NEW HAMPSHIRE SWEEPSTAKES COMMISSION (New Hampshire Department of Employment Security) No. 87-048Supreme Court of New Hampshire Department of Employment Security Decided July 25, 1988 1. Unemployment Compensation — Judicial Review — Tests and Standards Judicial review of appeal tribunal’s decision is confined to the record, and court cannot substitute its […]

106 A.2d 200 HENRY LUCAS v. OLIVE F. CATE. No. 4321.Supreme Court of New Hampshire Carroll.Submitted June 3, 1954. Decided June 23, 1954. Waiver of the right to a trial by jury extends only to the issues formed at the time of waiver and does not apply to new and different issues raised thereafter under […]

257 A.2d 14 BOSTON MAINE CORPORATION v. MANCHESTER. No. 5858.Supreme Court of New Hampshire Public Utilities Commission.Argued May 6, 1969. Decided September 30, 1969. 1. An order of the Public Utilities Commission authorizing the installation of automatic gates and lights at certain railroad grade crossings but super-imposing manual control thereof by a tender on weekdays […]

293 A.2d 766 STATE v. FREDERICK J. MARTINEAU a. No. 6431.Supreme Court of New Hampshire Hillsborough. Decided July 24, 1972. 1. The death penalty imposed within the discretion of State juries having been declared by the United States Supreme Court to be a violation of the eighth and fourteenth amendments to the Federal Constitution, so […]

677 A.2d 142 THAT STATE OF NEW HAMPSHIRE v. KENNETH BURGESS No. 94-600Supreme Court of New Hampshire Hillsborough-northern judicial district May 23, 1996 1. Criminal Law — Judgment and Sentence — Term of Sentence Due process requires a sentencing court to make clear at the time of sentencing the exact nature of the sentences and […]

557 A.2d 636 WILLIAM J. WILDER, ADMINISTRATOR OF THE ESTATE OF BRYON WILDER a. v. CITY OF KEENE a. No. 87-407Supreme Court of New Hampshire Cheshire Decided May 3, 1989 1. Appeal and Error — Dismissal of Complaint — Standards for Review In considering a motion to dismiss, the plaintiffs’ allegations are regarded as true. […]

400 A.2d 54 SHARON E. REID v. SPADONE MACHINE COMPANY No. 78-282Supreme Court of New Hampshire Strafford Decided March 30, 1979 1. Husband and Wife — Loss of Consortium Wife’s cause of action for loss of consortium is created by statute as a separate and distinct claim and is not derivative from the claim of […]

20 A.3d 1012 THE STATE OF NEW HAMPSHIRE v. JOSEPH MICHAUD. No. 2009-741.Supreme Court of New Hampshire. Rockingham.Argued: January 20, 2011. Opinion Issued: April 28, 2011. 1. Trial — Criminal Cases — JuryInstructions — Lesser-Included Offenses An offense is lesser-included if a person must necessarily have committed it in the process of committing the offense […]

397 A.2d 1039 SPAULDING FROST COMPANY, INC. v. THE STATE OF NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY, BENJAMIN C. ADAMS, COMMISSIONER No. 78-157Supreme Court of New Hampshire Merrimack Decided February 14, 1979 1. Unemployment Compensation — Employer Contributions — Merit Rating Plan In adopting a merit rating plan for employers for purpose of determining an […]

117 A.2d 330 ALLSTATE INSURANCE COMPANY v. ALVIN A. CULVER a. No. 4429.Supreme Court of New Hampshire Merrimack.Argued October 4, 1955. Decided October 24, 1955. While a general exception to findings and rulings presents no question of the sufficiency of the evidence to sustain them and entitles the excepting party only to a review of […]

628 A.2d 244 GERTRUDE M. PETERSON v. LAWRENCE N. GRAY, M.D. No. 92-340Supreme Court of New Hampshire Rockingham Decided July 2, 1993 1. Trial — Jury Instruction — Purpose Purpose of jury instructions is to identify the factual issues which are material for a resolution of the case, and to inform the jury of the […]

6 A.2d 142 MARGARET NICKERSON, Adm’x v. WALTER H. BENTLEY. Supreme Court of New Hampshire Carroll. Decided December 6, 1938. The denial of a request for an instruction is error if the request though incomplete brings to the court’s attention a matter which requires a specific instruction. The law of the road (P. L., c. […]

330 A.2d 457 STATE OF NEW HAMPSHIRE v. JOSEPH W. INSELBURG a. No. 6974Supreme Court of New Hampshire Grafton Decided December 31, 1974 1. To meet the constitutional standard of part I, article 15 of the New Hampshire constitution, a complaint must inform the defendant of the offense for which he is charged with sufficient […]

553 A.2d 283 RONALD W. PERRON v. CITY OF SOMERSWORTH a. No. 87-483Supreme Court of New Hampshire Strafford Decided December 29, 1988 1. Appeal and Error — Preservation of Questions — Failure To Present Below It is axiomatic that matters ignored in the trial court may not be raised on appeal to the supreme court. […]

242 A.2d 76 HAVERHILL JOURNAL v. SOUTHWICK CONSTRUCTION CO. No. 5744.Supreme Court of New Hampshire Rockingham.Argued May 7, 1968. Decided May 29, 1968. 1. Certain evidence warranted the finding for the plaintiff in an action to recover for advertising space furnished to the defendant. Shute Engel, for the plaintiff, filed no brief. John L. Southwick, […]

13 A.3d 209 IN RE CIERRA L. a. No. 2009-917.Supreme Court of New Hampshire. Merrimack.Submitted: May 13, 2010. Opinion Issued: November 24, 2010. 1. Minors — Child Abuse — Statutes The general rule of statutory construction is that the word “shall” is a command which requires mandatory enforcement. Therefore, by its express terms, the statute […]

82 A.2d 86 FRANK O. LEAVITT a. v. CONSTANCE C. BENZING a. No. 4051.Supreme Court of New Hampshire Carroll. Decided July 2, 1951. In a petition for partition of real estate the question of whether a division made by a committee, appointed by stipulation of the parties, is fair and equal is one of fact […]

109 A.2d 553 ARTHUR CROTEAU v. HARVEY AND LANDERS a. No. 4312.Supreme Court of New Hampshire Rockingham.Argued November 3, 1954. Decided November 30, 1954. A claimant for workmen’s compensation is not entitled to a modification of an award under the provisions of Laws 1949, c. 277, s. 4 where there has been no award of […]

495 A.2d 1258 THE STATE OF NEW HAMPSHIRE v. GARY F. BROOKS No. 84-307Supreme Court of New Hampshire Strafford Decided June 17, 1985 1. Evidence — Admissibility Generally Generally, decisions to admit testimony are within the discretion of the trial court, and the jury can determine whether to believe all, part, or none of it. […]

744 A.2d 594 APPEAL OF PITTSFIELD SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board) No. 97-738Supreme Court of New Hampshire Public Employee Labor Relations Board Decided December 28, 1999 1. Public Employees — Unions — Collective Bargaining Agreements “Managerial policy exception” to mandatory negotiation did not apply to new teacher evaluation procedures adopted by […]