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, […]
Category: New Hampshire Court Opinions
HARRIS v. ROUNSEVEL, 61 N.H. 250 (1881)
HARRIS a. v. ROUNSEVEL. Supreme Court of New Hampshire Merrimack. Decided December, 1881. A contract for the sale of goods is not taken out of the statute of frauds by the vendee’s preparation for receiving them, or by the vendor’s not including the invalidity of the contract among the reasons given by him for declining […]
IN RE CIERRA L., 161 N.H. 185 (2010)
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 […]
HALL v. SMITH, 59 N.H. 315 (1879)
HALL v. SMITH a. Supreme Court of New Hampshire Strafford. Decided December, 1879. The widow of a testator, who leaves surviving him any child, or the issue of any child by her, having waived the provisions of the will in her favor, and released her right of dower and homestead, is entitled, after the payment […]
LEAVITT v. BENZING, 97 N.H. 118 (1951)
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 […]
EVANS v. MASON, 64 N.H. 98 (1886)
5 A. 766 EVANS v. MASON. Supreme Court of New Hampshire Cheshire. Decided June, 1886. To constitute a conversion of chattels, there must be some exercise of dominion over the property in repudiation of, or inconsistent with, the owner’s rights. Mere delay, by the bailee of a horse hired to drive to and from a […]
BERGERON v. SAVINGS-BANK, 62 N.H. 655 (1883)
BERGERON v. THE DARTMOUTH SAVINGS BANK. BERGERON v. HUNTINGTON a. Supreme Court of New Hampshire Grafton. Decided June, 1883. A judgment will not be reversed, nor will the levy of an execution issued on the judgment be annulled, in equity, upon the mere ground that the defendant had a valid defence which he did not […]
CROTEAU v. HARVEY LANDERS, 99 N.H. 264 (1954)
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 […]
STATE v. BROOKS, 126 N.H. 618 (1985)
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. […]
CARROLL v. McCULLOUGH, 63 N.H. 95 (1884)
THOMAS D. CARROLL v. McCULLOUGH. McCULLOUGH v. WM. CARROLL, JR. WM. CARROLL, JR., v. McCULLOUGH. PHEBE CARROLL v. McCULLOUGH. Supreme Court of New Hampshire Merrimack. Decided June, 1884. A defendant’s failure to present his defence, caused by the negligence of himself or his counsel, is not a cause for a new trial. For good cause, […]
APPEAL OF PITTSFIELD SCHOOL DIST., 144 N.H. 536 (1999)
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 […]
KERR v. ALLARD, 130 N.H. 247 (1987)
536 A.2d 197 MARION KERR v. RAYMOND ALLARD No. 86-534Supreme Court of New Hampshire Hillsborough Decided December 31, 1987 1. Witnesses — Failure To Call — Comment on Either party in a case may comment on an opponent’s failure to call a witness, when the record indicates that the witness could have given relevant testimony […]
NAT’L MARINE UNDERWRITERS, v. McCORMACK, 138 N.H. 6 (1993)
634 A.2d 1008 NATIONAL MARINE UNDERWRITERS, INC. v. JOHN H. McCORMACK, III No. 92-611Supreme Court of New Hampshire Belknap Decided December 3, 1993 1. Parties — Substitution of Parties — Procedure The substitution of an entirely new party as plaintiff, including substitution of a plaintiff with standing for an original plaintiff with no standing, is […]
STATE v. OWEN, 80 N.H. 426 (1922)
117 A. 814 STATE v. LEE W. OWEN. Supreme Court of New Hampshire Sullivan. Decided June 29, 1922. The suspension of a fine and jail sentence on payment of costs is neither a final judgment, a nolle prosequi nor a discontinuance, but the court may at any time bring forward the indictment and enter such […]
BROOM v. CONTINENTAL CAS. CO., 152 N.H. 749 (2005)
887 A.2d 1128 C. EDWARD BROOM a.v. CONTINENTAL CASUALTY CO. a. C. EDWARD BROOM a.v. STEADFAST INSURANCE CO. No. 2004-869.Supreme Court of New Hampshire Merrimack.Argued: September 29, 2005. Opinion Issued: November 16, 2005. 1. Insurance — Parties: Rights and Duties — Insurer’s Duty to Settle and Defend An insurer’s obligation to defend its insured is […]
MOODY v. CONTINENTAL PAVING, 148 N.H. 592 (2002)
813 A.2d 493 DEBORAH MOODY, CO-ADMINISTRATRIX OF THE ESTATE OF RAYMOND BAKER AND M/N/F TO KAYLEY BAKER a. v. CONTINENTAL PAVING, INC. No. 2001-687Supreme Court of New Hampshire RockinghamArgued October 16, 2002 Opinion Issued December 2, 2002 1. Highways—Motor Vehicles—Recreational Vehicles Immunities provided by statutes limiting liability for landowners who allow off-highway recreational vehicles on […]
STATE v. THEODOSOPOULOS, 119 N.H. 573 (1979)
409 A.2d 1134 THE STATE OF NEW HAMPSHIRE v. THOMAS H. THEODOSOPOULOS No. 78-248Supreme Court of New Hampshire Hillsborough Decided August 17, 1979 1. Searches and Seizures — Warrantless Searches — Reasonableness A warrantless search is per se unreasonable and invalid, unless it comes within one of the few recognized exceptions. N.H. CONST pt. 1, […]
BOYD v. WEBSTER, 59 N.H. 89 (1879)
BOYD v. WEBSTER. Supreme Court of New Hampshire Merrimack. Decided June, 1879. A creditor, having a balance of the account of a former partnership, of which he had been a member, against the defendant, and continuing in his own name, with the defendant’s knowledge and consent, the same account, may, in the absence of direction […]
BATES ST. SHIRT CO. v. PLACE, 76 N.H. 448 (1912)
84 A. 47 BATES STREET SHIRT CO. v. PLACE. Supreme Court of New Hampshire Merrimack. Decided June 28, 1912. Where a contract of sale provides for a certain term of credit after shipment, the vendor cannot maintain an action for goods sold and delivered until the expiration of the stipulated term after a shipment of […]
TUCKER v. LAKE, 67 N.H. 193 (1892)
29 A. 406 TUCKER v. LAKE. Supreme Court of New Hampshire Rockingham. Decided June, 1892. A bill in equity to foreclose a mortgage of real property is a local action. If a suit in equity is begun in a wrong county, the error may be cured by transferring it to the proper county. BILL IN […]
OPINION OF THE JUSTICES, 103 N.H. 256 (1961)
169 A.2d 279 OPINION OF THE JUSTICES. Request of House of Representatives. No. 4927.Supreme Court of New HampshireSubmitted April 3, 1961. Answer returned April 4, 1961. 1. Legislation pending before the 1961 General Court (H. B. No. 190) which would grant to the New Hampshire Business Development Corporation established by Laws 1951, c. 328 powers […]
REARDON v. LEMOYNE, 122 N.H. 1042 (1982)
454 A.2d 428 SISTER HONORA J. REARDON a. v. BROTHER ROGER LEMOYNE a. No. 82-183Supreme Court of New Hampshire Rockingham Decided December 23, 1982 1. Constitutional Law — Religious Freedom — Generally The first amendment, as applied to the states through the fourteenth amendment, requires maintaining the separation of church and state. 2. Constitutional Law […]
PRATT v. SANBORN, 63 N.H. 115 (1884)
PRATT v. SANBORN Trs. Supreme Court of New Hampshire Merrimack. Decided June, 1884. No attachment of the defendant’s property and credits in the hands of a trustee can be made unless the name of the trustee is inserted in the writ at the time of service. FOREIGN ATTACHMENT. Facts found by the court. The plaintiff […]
APPEAL OF CHICKERING, 141 N.H. 794 (1997)
693 A.2d 1169 APPEAL OF WINFORD A. CHICKERING, JR. (New Hampshire Compensation Appeals Board) No. 95-851Supreme Court of New Hampshire Compensation Appeals Board Decided April 29, 1997 1. Workers’ Compensation — Rehearings and Appeals — Generally A decision of the compensation appeals board denying workers’ compensation benefits will be overturned on appeal only if errors […]
STATE v. ATA, 158 N.H. 406 (2009)
THE STATE OF NEW HAMPSHIRE v. ALAIN ATA. No. 2007-540.Supreme Court of New Hampshire. Rockingham.Argued: January 14, 2009. Opinion Issued: March 5, 2009. 1. Criminal Law — Confrontation of Witnesses — Generally Under the Roberts standard, the prosecution must either produce, or demonstrate the unavailability of, the declarant whose statement it wishes to use against […]
STATE v. GRANT-CHASE, 140 N.H. 264 (1995)
665 A.2d 380 THE STATE OF NEW HAMPSHIRE v. CINDY GRANT CHASE No. 93-268Supreme Court of New Hampshire Grafton Decided October 3, 1995 1. Criminal Law — Miranda Warning — Generally If defendant asserts Miranda rights while in custody, but before interrogation has begun, the State’s ability to go forward with interrogation depends on the […]
STATE v. COBB, 143 N.H. 638 (1999)
732 A.2d 425 THE STATE OF NEW HAMPSHIRE v. DAVID COBB No. 96-446Supreme Court of New Hampshire Strafford Decided June 24, 1999 1. Offenses — Sexual Offenses — Statutes Photographic “collages” that gave appearance of being, but were not, produced through use of an actual child nevertheless constituted child pornography as defined by statute. RSA […]
JASKOLKA v. CITY OF MANCHESTER, 132 N.H. 528 (1989)
567 A.2d 549 JEANNE JASKOLKA v. CITY OF MANCHESTER No. 88-366Supreme Court of New Hampshire Hillsborough Decided December 28, 1989 1. Certiorari — Scope of Review — Generally A petition for a writ of certiorari provides judicial review of governmental administrative action when no statute authorizes an appeal. 2. Certiorari — Scope of Review — […]
CMTY. RES. v. MANCHESTER, 154 N.H. 748 (2006)
COMMUNITY RESOURCES FOR JUSTICE, INC. v. CITY OF MANCHESTER. No. 2006-609.Supreme Court of New Hampshire Hillsborough-northern judicial district.Argued; November 14, 2006. Opinion Issued: January 24, 2007. 1. Zoning and Planning — Generally — Exceptions, Variances and Nonconforming Uses To obtain a variance, an applicant must show that: (1) granting the variance will not be contrary […]
FARM BUREAU c. INS. CO. v. GARLAND, 100 N.H. 351 (1956)
126 A.2d 246 FARM BUREAU MUTUAL AUTOMOBILE INSURANCE CO. v. ETHEL W. GARLAND a. No. 4518.Supreme Court of New Hampshire Belknap.Argued October 2, 1956. Decided October 31, 1956. Where an insurer agreed by the terms of a motor vehicle liability policy to pay on behalf of the insured all sums which the insured shall be […]
MEHIGAN v. SHEEHAN, 94 N.H. 274 (1947)
51 A.2d 632 LORETTA MEHIGAN v. GEORGE T. SHEEHAN. No. 3637.Supreme Court of New Hampshire Hillsborough. Decided March 4, 1947. The obligation of a physician to use reasonable care in attending and treating a patient is imposed because of a privity of duty as distinguished from that of contract. Liability may be found if a […]
McCURDY v. FLIBOTTE, 83 N.H. 143 (1927)
139 A. 367 ALLEN M. McCURDY v. NAPOLEON FLIBOTTE. ELSIE G. McCURDY v. SAME. NAPOLEON FLIBOTTE v. ALLEN M. McCURDY. Supreme Court of New Hampshire Coos. Decided November 1, 1927. In an action for negligence, evidence as to the defendant’s liability insurance should be avoided whenever practicable to do so. Such evidence may be either […]
EVERITT v. GENERAL ELECTRIC CO., 156 N.H. 202 (2007)
SARAH EVERITT v. GENERAL ELECTRIC COMPANY a. No. 2006-481.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: April 5, 2007. Opinion Issued: September 21, 2007. 1. Torts — Joint Liability — Allocation of Fault Permitting juries to allocate fault on the verdict form among current parties, former parties who have settled, tortfeasors who settled before suit […]
PARKINSON v. STREET RAILWAY, 71 N.H. 28 (1901)
51 A. 268 PARKINSON v. CONCORD STREET RAILWAY. Supreme Court of New Hampshire Merrimack. Decided September 5, 1901. The rule that a verdict will not be set aside because instructions otherwise correct are not sufficiently specific, when no request for a more definite statement has been made, does not apply to a written instruction communicated […]
HORNE v. HUTCHINS, 71 N.H. 117 (1901)
51 A. 645 HORNE a. v. HUTCHINS. Supreme Court of New Hampshire Carroll. Decided December 3, 1901. Under a conveyance, for a substantial consideration, of a tract of land with mills thereon, together with the “right to use the water-power and mill privilege on said premises,” the grantee and his assigns are entitled to the […]
STATE v. FARROW, 116 N.H. 731 (1976)
366 A.2d 1177 STATE OF NEW HAMPSHIRE v. GARY FARROW No. 7652Supreme Court of New Hampshire Merrimack Decided December 7, 1976 1. The trial court determines whether a particular witness is competent to testify and whether that witness is competent to waive the statutory privilege of confidential communications between the witness and his physician or […]
FRANKLIN LODGE OF ELKS v. MARCOUX, 149 N.H. 581 (2003)
825 A.2d 480 FRANKLIN LODGE OF ELKS v. SALLY MARCOUX a. No. 2002-571Supreme Court of New Hampshire MerrimackArgued March 5, 2003 Opinion Issued June 13, 2003 1. Civil Rights — Discrimination — Public Accommodations orFacilities Statutory definition of “place of public accommodation” is intended to reach the membership practices of a membership organization claiming a […]
IRELAND v. COMPANY, 91 N.H. 323 (1941)
18 A.2d 750 EDGAR J. IRELAND v. E. J. PINNEY, INC. No. 3221.Supreme Court of New Hampshire Merrimack. Decided March 4, 1941. By common law an employer has the duty to see that tools and materials, i.e. facilities for doing the work, shall be suitable when furnished to his employee and to maintain a sufficient […]
SHURIS v. MORGAN, 118 N.H. 154 (1978)
384 A.2d 489 ANTHONY SHURIS v. MARLENE MORGAN a. No. 7909Supreme Court of New Hampshire Rockingham Decided March 24, 1978 1. Limitation of Actions — Recovery of Land Action to enforce one’s right to ownership of real estate is not barred for a period of twenty years, and right to recovery is only lost by […]
OWEN v. BUSIEL, 83 N.H. 345 (1928)
142 A. 692 STANTON OWEN a., Ex’rs, v. HELEN J. BUSIEL a. Supreme Court of New Hampshire Belknap. Decided June 28, 1928. A will authorized executors to continue the testator’s business “during the business year” in which his death should occur and empowered them to sell said business whenever they deemed it expedient “during said […]
APPEAL OF OSRAM SYLVANIA, INC., 142 N.H. 612 (1998)
706 A.2d 172 APPEAL OF OSRAM SYLVANIA, INC. (New Hampshire Department of Labor) No. 96-194Supreme Court of New Hampshire Department of Labor Decided February 27, 1998 1. Labor — Practice and Procedure — Jurisdiction In a Whistleblowers’ Protection Act hearing before the New Hampshire Department of Labor, primary jurisdiction did not vest with the United […]
BROWN v. WHIPPLE, 58 N.H. 229 (1877)
BROWN v. WHIPPLE. Supreme Court of New Hampshire Coos. Decided December, 1877. A writing is no part of the memorandum required by the statute of frauds, unless it is signed by the party to be charged, or made, by annexation or reference, a part of a writing signed by him. The memorandum is insufficient if […]
LAMBERT v. COMPANY, 80 N.H. 126 (1921)
113 A. 793 GEORGE H. LAMBERT v. DERRY ELECTRIC COMPANY. Supreme Court of New Hampshire Rockingham. Decided May 3, 1921. An electric company occupying with its wires a pole owned and maintained in a town by a railroad company and others is not liable to one who without authority from the owners of the pole […]
COSTELLO v. BREWING CO., 69 N.H. 405 (1898)
43 A. 640 COSTELLO v. PORTSMOUTH BREWING CO. Supreme Court of New Hampshire Rockingham. Decided December, 1898. A by-law of it corporation providing that the indebtedness of it stockholder thereto may be considered a lien on the shares standing in his name, and giving the directors the option of cancelling such shares to the extent […]
BROWN v. WEST, 64 N.H. 385 (1887)
10 A. 615 BROWN v. WEST. Supreme Court of New Hampshire Hillsborough. Decided June, 1887. To a writ of entry to foreclose a mortgage the defendant pleaded a former judgment upon the same mortgage, and payment of the amount thereupon adjudged to be due. Replication, that one of the mortgage notes then due was not […]
BROWN v. RINES, 123 N.H. 489 (1983)
464 A.2d 283 HENRY BROWN a. v. JOHN E. RINES a. No. 82-364Supreme Court of New Hampshire Rockingham Decided July 13, 1983 1. Boundaries — Conflicting Elements — Monuments On appeal from the master’s decision in an action to quiet title, the argument of defendants, that if their northerly boundary was located where they suggested […]
STATE v. STAPLES, 100 N.H. 283 (1956)
124 A.2d 187 STATE v. ROBERT L. STAPLES. No. 4500.Supreme Court of New Hampshire Rockingham.Argued June 6, 1956. Decided July 6, 1956. The Legislature by its use of the words “striking out” the provisions of R. L., c. 118, s. 16, in its enactment of Laws 1955, c. 282 did not thereby intend a repeal […]
STATE v. KING, 105 N.H. 47 (1963)
192 A.2d 603 STATE v. ROBERT F. KING. No. 5130.Supreme Court of New Hampshire Sullivan.Argued June 5, 1963. Decided July 9, 1963. 1. Where the respondent was charged with grossly careless and grossly negligent operation of a motor vehicle (RSA 262:15-a (supp)) he may not be found guilty of the lesser charge of operating a […]
CARTER, RICE CO. v. HANO CO., 72 N.H. 549 (1904)
58 A. 243 CARTER, RICE CO. v. SAMUEL HANO CO. a. Supreme Court of New Hampshire Hillsborough. Decided May 3, 1904. The individual liability of stockholders for the debts of the corporation is enforceable only by a bill in equity. A bill in equity whereby the creditor of a domestic corporation seeks a determination of […]
WOODMAN v. PERRIN, 124 N.H. 545 (1984)
474 A.2d 999 WALTER WOODMAN, JR. v. EVERETT I. PERRIN, JR., WARDEN OF NEW HAMPSHIRE STATE PRISON No. 82-336Supreme Court of New Hampshire Merrimack Decided February 29, 1984 1. Habeas Corpus — Availability of Writ — Generally The procedural prerequisite for a court’s consideration of a petition for a writ of habeas corpus is an […]
DOUGLAS v. NEDEAU, 157 N.H. 375 (2008)
DOUGLAS LAMBERT a. v. BELKNAP COUNTY CONVENTION THOMAS A. TARDIF a. v. STEPHEN H. NEDEAU, CHAIRPERSON a. Nos. 2007-566, 2007-685.Supreme Court of New Hampshire. Belknap.Argued: March 20, 2008. Opinion Issued: June 13, 2008. 1. Records — Right to Inspect —Generally The court construes provisions of the Right-to-Know-Law favoring disclosure broadly, while construing exemptions narrowly, and […]
WHIPPLE v. GILES, 55 N.H. 139 (1875)
WHIPPLE v. GILES. Supreme Court of New Hampshire Belknap. Decided March 11, 1875. Contracts of Married Women. The contract of a married woman to pay for services of an attorney in prosecuting a libel for divorce against her husband is not binding. A married woman cannot bind herself by a mere personal contract so that […]
STEVENS v. STEVENS, 97 N.H. 307 (1952)
86 A.2d 339 CAROLINE A. STEVENS a. v. ALFRED G. STEVENS. No. 4104.Supreme Court of New Hampshire Hillsborough. Decided February 5, 1952. Where a decree of the Trial Court was modified by subsequent order of the Supreme Court a further modification by the Trial Court, after hearing, not inconsistent with such order was not error […]
CASWELL v. BCI GEONETICS, INC., 121 N.H. 1048 (1981)
437 A.2d 321 W. BRADFORD CASWELL v. BCI GEONETICS, INC. No. 81-213Supreme Court of New Hampshire United States District Court Decided November 20, 1981 1. Statutes — Construction and Application — Title of Act Statutory chapter including provisions relating to actions by employees to recover unpaid wages and/or liquidated damages is entitled “protective legislation,” and […]
BAUER v. WHITEHOUSE, 116 N.H. 848 (1976)
367 A.2d 602 EDWARD BAUER v. DONALD WHITEHOUSE No. 7556Supreme Court of New Hampshire Rockingham Decided December 30, 1976 1. RSA 525:3 authorizes the superior court for good cause shown to require security only for taxable costs authorized by the statute or recoverable, and the security ordered must bear some reasonable relationship to the probable […]
GOBRECHT v. BECKWITH, 82 N.H. 415 (1926)
135 A. 20 STELLA F. GOBRECHT v. HIRA R. BECKWITH. WILLIAM E. GOBRECHT v. SAME. Supreme Court of New Hampshire Sullivan. Decided October 5, 1926. The rule that a landlord is under no legal duty to repair premises leased by him, and that in the absence of warranty or deceit the tenant takes the premises […]
SEAL TANNING CO. v. CITY OF MANCHESTER, 118 N.H. 693 (1978)
393 A.2d 1382 SEAL TANNING COMPANY v. CITY OF MANCHESTER WAUMBEC MILLS, INC. v. CITY OF MANCHESTER No. 7978Supreme Court of New Hampshire Hillsborough Decided October 30, 1978 1. Municipal Corporations — Municipal Services — Sewer and Water In case involving two petitions to abate sewer rental charges for the use of a sewer to […]
MULLEN v. FORESTERS, 70 N.H. 327 (1900)
47 A. 257 MULLEN v. COURT QUEEN CITY, ORDER OF FORESTERS. Supreme Court of New Hampshire Hillsborough. Decided June, 1900. One entitled to the funeral benefit payable upon the death of a member of a fraternal order may maintain an action therefor without first submitting his claim to the association or a committee thereof, in […]
PICCO v. STATE, 114 N.H. 663 (1974)
327 A.2d 730 FREDERICK J. PICCO d.b.a. PICCO CONSTRUCTION CO. v. STATE OF NEW HAMPSHIRE No. 6799Supreme Court of New Hampshire Public Utilities Commission Decided October 31, 1974 1. The burden was on the plaintiff to show by a clear preponderance of the evidence that the public utilities commission’s order was unjust, or unreasonable or […]
MEADER v. ARCHER, 65 N.H. 214 (1889)
23 A. 521 MEADER a. v. ARCHER. Supreme Court of New Hampshire Rockingham. Decided December, 1889. By the law of Massachusetts (Pub. St., c. 148, s. 7) an adopted child is not an heir of the ancestors of the adopting parent. IN EQUITY. Demurrer to the bill. Allegations of the bill: Mrs. Young died in […]
PITTSFIELD ACADEMY v. ATTORNEY GENERAL, 95 N.H. 51 (1948)
57 A.2d 161 TRUSTEES OF PITTSFIELD ACADEMY v. ATTORNEY GENERAL. No. 3702.Supreme Court of New Hampshire Merrimack. Decided February 3, 1948. The passage of time and changes in circumstances allow a court of equity to permit a deviation in the manner of accomplishing the main purposes of the testator, or if necessary, to apply the […]
STATE v. PLACE, 152 N.H. 225 (2005)
876 A.2d 173 THE STATE OF NEW HAMPSHIRE v. ABBOTT M. PLACE. No. 2004-495.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: May 5, 2005. Opinion Issued: May 20, 2005. 1. Assault and Battery — Defenses — Consent Consensual activity generally means an activity in which both parties agree to participate; thus, “mutual consent” to enter […]
MANGIN v. MANGIN, 115 N.H. 489 (1975)
343 A.2d 636 JOHN L. MANGIN, SR. v. MILDRED M. MANGIN No. 7147Supreme Court of New Hampshire Rockingham Decided August 29, 1975 1. It is fundamental in divorce cases that the court has broad discretion in ordering support, and the court’s decision will not be set aside unless the evidence demonstrates clearly an abuse of […]
APPEAL OF GLOBAL MOVING STORAGE OF N.H., INC., 122 N.H. 784 (1982)
451 A.2d 167 APPEAL OF GLOBAL MOVING STORAGE OF NEW HAMPSHIRE, INC. a. (New Hampshire Public Utilities Commission) No. 81-203 No. 81-248Supreme Court of New Hampshire Public Utilities Commission Decided September 8, 1982 1. Carriers — Carrier of Household Goods — Transfer of Operating Authority In transfers of operating authority between common carriers, the fact […]
ATTORNEY-GENERAL v. LEMELIN, 92 N.H. 522 (1942)
29 A.2d 119 ATTORNEY-GENERAL (ex. rel. George A. Wingate) v. RODOLPHE LEMELIN a. No. 3345.Supreme Court of New Hampshire Hillsborough. Decided October 6, 1942. INFORMATION, in the nature of quo warranto. January 20, 1942, at a meeting of the board of mayor and aldermen of Manchester, the mayor, having at a previous meeting nominated the […]
BENNETT v. LAROSE, 82 N.H. 443 (1926)
136 A. 254 BESSIE M. BENNETT v. ROMEO I. LAROSE. Supreme Court of New Hampshire Strafford. Decided December 7, 1926. A motion to set aside a verdict “because it is against the law” raises no question of law not previously saved by exception. Testimony that while traveling by night at a certain speed in an […]
OPINION OF THE JUSTICES, 85 N.H. 570 (1931)
154 A. 632 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided March 3, 1931. In the taxation of business income a deduction of business expenditures from the gross income is allowable. A deduction from income before its taxation of sums exceeding $1,200 for a single man and $2,000 for a married man as […]
ATTORNEY-GENERAL v. GATES, 80 N.H. 280 (1922)
116 A. 443 ATTORNEY-GENERAL (ex rel. WM. E. FOREN) v. WOODBURY B. GATES a. Supreme Court of New Hampshire Coos. Decided January 3, 1922. Where a town has adopted the provisions of Laws 1897, c. 78, for its annual elections, the procedure prescribed for biennial elections by that statute and its amendments should be followed […]
OPINION OF THE JUSTICES, 118 N.H. 582 (1978)
392 A.2d 125 OPINION OF THE JUSTICES No. 78-205Supreme Court of New Hampshire Request of the House of Representatives Decided September 20, 1978 1. Constitutional Law — Presumption of Constitutionality Principle that the constitutionality of an act passed by the legislature is to be presumed and that act is not to be declared invalid except […]
STATE v. FAVREAU, 134 N.H. 336 (1991)
592 A.2d 1136 THE STATE OF NEW HAMPSHIRE v. KEVIN FAVREAU No. 90-032Supreme Court of New Hampshire Hillsborough Decided June 12, 1991 1. Evidence — Hearsay — Discretion of Court Whether a statement is inadmissible hearsay, or whether an exclusion or an exception applies, are questions for the trial court, whose determination will be upheld […]
BERGERON v. HUNT, 110 N.H. 278 (1970)
266 A.2d 121 LOUIS A. BERGERON v. RALPH C. HUNT No. 6006Supreme Court of New Hampshire Keene District Court Decided June 2, 1970 1. Where the record transferred to the supreme court consists of findings of fact and rulings of law appearing in the reserved case and there is neither a transcript of the evidence […]
COTTON v. STEVENS, 79 N.H. 224 (1919)
107 A. 602 MARY L. COTTON a. v. I. FRANK STEVENS. Supreme Court of New Hampshire Hillsborough. Decided May 6, 1919. A surviving partner is a trustee, and the personal representative of the deceased partner is a cestui que trust, with reference to the partnership property. In a bargain with the owner relating to trust […]
SEAWARD CONSTR. CO. v. CITY OF ROCHESTER, 118 N.H. 128 (1978)
383 A.2d 707 SEAWARD CONSTRUCTION COMPANY, INC. v. CITY OF ROCHESTER No. 7868Supreme Court of New Hampshire Strafford Decided March 10, 1978 1. Contracts — Implied Covenants — Good Faith In every agreement there exists an implied covenant that each of parties will act in good faith and deal fairly with the other. 2. Contracts […]
NEW H. MILK DEALERS’ ASS’N v. N.H. MILK CONTROL BD., 107 N.H. 150 (1966)
218 A.2d 363 NEW HAMPSHIRE MILK DEALERS’ ASSOCIATION a. v. NEW HAMPSHIRE MILK CONTROL BOARD. No. 5489. No. 5491.Supreme Court of New Hampshire Original.Argued March 25, 1966. Decided April 1, 1966. 1. Under the provisions of the statute relating to appeals from administrative agencies (RSA 541:18) the Supreme Court is authorized to suspend the order […]
OPINION OF THE JUSTICES, 114 N.H. 165 (1974)
316 A.2d 174 OPINION OF THE JUSTICES No. 6859Supreme Court of New Hampshire Request of the Senate Decided March 6, 1974 1. Legislature may properly prescribe how the appointment of a commissioner of health and welfare shall be made. 2. Legislative intention that the Governor and Council should appoint a commissioner of health and welfare […]
SYRACUSE KNITTING CO. v. BLANCHARD, 69 N.H. 447 (1898)
43 A. 637 SYRACUSE KNITTING CO. v. BLANCHARD, Assignee. Supreme Court of New Hampshire Merrimack. Decided December 1898. The false statement of a purchaser as to his financial ability and prospects does not constitute a fraudulent representation when it is a mere expression of opinion or expectation. A purchase of goods on credit, by one […]
STATE v. JACKSON, 71 N.H. 552 (1902)
53 A. 1021 STATE v. JACKSON. Supreme Court of New Hampshire Carroll. Decided December 4, 1902. The statute making penal the failure of a parent to send his child to school was not intended to impair the inherent parental right of defence, and is in conflict with the constitution. A parent who withdraws his child […]
LILLIE-PUTZ TRUST v. DOWNEAST ENERGY CORP., 160 N.H. 716 (2010)
LILLIE-PUTZ TRUST, PETER E. SIMMONS, TRUSTEE v. DOWNEAST ENERGY CORPORATION a. No. 2009-821.Supreme Court of New Hampshire. Rockingham.Argued: June 10, 2010. Opinion Issued: September 22, 2010. 1. Courts — Court Rules and Procedure —Particular Rules Because the parties acted pursuant to the rule governing alternative dispute resolution by choosing to engage in private mediation and […]
HAMPTON v. DAVIS, 114 N.H. 655 (1974)
328 A.2d 460 LINTON HAMPTON v. FRANK A. DAVIS, JR., and JAMES L. DELANEY JAMES L. DELANEY v. FRANK A. DAVIS, JR. No. 6776Supreme Court of New Hampshire Rockingham Decided October 31, 1974 1. The trial court may accept or reject, in whole or in part, whatever evidence is presented; it is not compelled to […]
ROGERS v. WENTWORTH, 58 N.H. 318 (1878)
ROGERS v. WENTWORTH. Supreme Court of New Hampshire Strafford. Decided June, 1878. A creditor, who has proved, in the federal court of bankruptcy, a claim dischargeable in bankruptcy, cannot maintain an action afterwards brought upon the same claim before a discharge has been refused, and before the bankruptcy proceedings have been determined without a discharge. […]
BOSEN v. LARRABEE, 91 N.H. 492 (1941)
23 A.2d 331 LEWIS BOSEN v. PERCY B. LARRABEE. No. 3295.Supreme Court of New Hampshire Rockingham. Decided December 2, 1941. An attaching creditor if put on inquiry as to the title of the property is charged with such knowledge as reasonable diligence would have given him. The provisions of P. L., c. 100 requiring the […]
IN RE UNIFICATION OF THE NEW HAMPSHIRE BAR, 109 N.H. 260 (1968)
248 A.2d 709 IN RE UNIFICATION OF THE NEW HAMPSHIRE BAR. No. 5854.Supreme Court of New Hampshire Original.Argued November 20, 1968. Decided December 31, 1968. 1. A unified or integrated Bar is a Bar organization in which membership and payment of dues is required as a condition of practicing law in a state. 2. Where […]
LIAM HOOKSETT, LLC v. BOYNTON, 157 N.H. 625 (2008)
LIAM HOOKSETT, LLC v. ROBERT BOYNTON a. No. 2007-675.Supreme Court of New Hampshire. Hooksett District Court.Submitted: May 22, 2008. Opinion Issued: August 20, 2008. 1. Landlord and Tenant — Evictions and ForcibleEntry and Detainer Actions — Particular Cases Reversal of a judgment in favor of a landlord that brought an action for unpaid rent and […]
COLTEY v. N.E. TELEPHONE, 135 N.H. 223 (1991)
600 A.2d 940 MOSES J. COLTEY v. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY No. 90-591Supreme Court of New Hampshire Hillsborough Decided December 31, 1991 1. Insurance — Automobile Policies — Financial Responsibility Law State does not require every motor vehicle to be insured, or even, in some cases, proof of financial responsibility prior to the […]
STATE v. DYER, 98 N.H. 59 (1953)
94 A.2d 718 STATE v. VICTOR DYER. No. 4174.Supreme Court of New Hampshire Belknap. Decided February 3, 1953. An information under R. L., c. 440, s. 2, forbidding the addressing of “any offensive, derisive or annoying word to any other person who is lawfully in any street” may be sustained by establishing that the respondent, […]
TUTTLE v. PALMER, 118 N.H. 553 (1978)
392 A.2d 574 JEANNE L. TUTTLE v. FRED PALMER No. 78-015Supreme Court of New Hampshire Carroll Decided September 18, 1978 1. Attorney and Client — Fees — Court’s Power To Determine Although Superior Court Rule 15 pertaining to the withdrawal of counsel does not contain a specific provision for the assessment of counsel fees against […]
JONES v. WALSH, 107 N.H. 379 (1966)
222 A.2d 830 DOLORES F. JONES v. JOHN F. WALSH. No. 5462.Supreme Court of New Hampshire Rockingham.Argued September 7, 1966. Decided September 30, 1966. 1. In an action for slander alleging that the defendant restaurant owner falsely and maliciously accused the plaintiff of embezzlement by statements made to her in a crowded restaurant where she […]
BROOKS v. HOWLAND, 58 N.H. 98 (1877)
BROOKS a. v. HOWLAND a. Supreme Court of New Hampshire Grafton. Decided March, 1877. Equity may enjoin the execution, by a collector, of his deed of land sold for taxes, where the proceedings, apparently legal and valid, but in fact based upon an illegal assessment, create a cloud upon the title. IN EQUITY. The plaintiff […]
STATE v. WILLIAMS, 133 N.H. 631 (1990)
581 A.2d 78 THE STATE OF NEW HAMPSHIRE v. DAVID L. WILLIAMS No. 89-211Supreme Court of New Hampshire Hillsborough Decided October 19, 1990 1. Constitutional Law — Right to Jury Trial — Generally United States Constitution, as well as New Hampshire Constitution, guarantees every criminal defendant the right to a jury trial, and relevant provisions […]
APPEAL OF TANCREDE, 135 N.H. 602 (1992)
608 A.2d 1308 APPEAL OF LINDA TANCREDE a. (New Hampshire Personnel Appeals Board) No. 91-181Supreme Court of New Hampshire Personnel Appeals Board Decided May 28, 1992 1. Appeal and Error — Questions Considered on Appeal — Moot Questions Claim that personnel appeals board misconstrued or misapplied statutes placing moratoria on State employees’ requests for job […]
CONNELLY v. BROWN, 73 N.H. 193 (1905)
60 A. 750 CONNELLY v. BROWN. Supreme Court of New Hampshire Hillsborough. Decided February 7, 1905. When a statement is an essential fact evidencing the subsequent conduct of the person to whom it was addressed, it may be proved by the testimony of any one who was present when it was made, without being objectionable […]
N.H. DONUTS, INC. v. SKIPITARIS, 129 N.H. 774 (1987)
533 A.2d 351 NEW HAMPSHIRE DONUTS, INC. a. v. GEORGE SKIPITARIS a. No. 86-338Supreme Court of New Hampshire Cheshire Decided October 9, 1987 1. Appeal and Error — Findings — Evidence Judgment of the trier of fact will not be overturned if it is supported by the evidence, particularly when the trier of fact has […]
RICHARDSON v. MARTIN, 55 N.H. 45 (1874)
RICHARDSON v. MARTIN. Supreme Court of New Hampshire Hillsborough. Decided December 9, 1874. The widow of a devisee cannot take as heir of her husband, under a clause giving certain bequests to him and his heirs, unless it is apparent from the will that the word “heirs” is not used in its ordinary sense. The […]
BOARD OF SELECTMEN v. PLANNING BD., 118 N.H. 150 (1978)
383 A.2d 1122 THE BOARD OF SELECTMEN OF THE TOWN OF MERRIMACK v. THE PLANNING BOARD OF THE TOWN OF MERRIMACK No. 78-022Supreme Court of New Hampshire Hillsborough Decided March 10, 1978 1. Statutes — Construction and Application — Conflicting Provisions When conflict exists between two statutes, the later statute will control, especially when the […]
APPEAL OF WESTWICK, 130 N.H. 618 (1988)
546 A.2d 1051 APPEAL OF CARMEN WESTWICK (New Hampshire Personnel Appeals Board) No. 87-261Supreme Court of New Hampshire Personnel Appeals Board Decided July 11, 1988 1. Statutes — Construction and Application — Legislative Intent Plain meaning of language of statute provides the touchstone of the legislature’s intention. 2. Statutes — Construction and Application — Plain […]
DUMAS v. HAMPTON, 58 N.H. 134 (1877)
DUMAS v. HAMPTON. Supreme Court of New Hampshire Rockingham. Decided August, 1877. A town may be liable, under Gen. St., c. 69, for damage, caused by a defective highway, to one of a span of horses turned loose and driven along the same. If the horse when injured was bailed for a given time, on […]
WOODMAN v. MADIGAN, 58 N.H. 6 (1876)
WOODMAN a., Adm’rs, v. MADIGAN, Gd’n. Supreme Court of New Hampshire Strafford. Decided December, 1876. A devise of the residue to J., his heirs and assigns, with the proviso, that if he died during his minority, leaving no child alive at his decease, the said residue is given to others, vests a defeasible fee in […]
STATE v. JENNINGS, 159 N.H. 1 (2009)
THE STATE OF NEW HAMPSHIRE v. JEREMY JENNINGS No. 2008-289.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Submitted: February 19, 2009. Opinion Issued: June 12, 2009. 1. Offenses — Sexual Offenses — Statutes The court disagrees with defendant’s argument that the statutory phrase “utilizes a computer online service, Internet service, or local bulletin board” must be […]
PARSONS v. DURHAM, 70 N.H. 44 (1899)
47 A. 600 PARSONS v. DURHAM. Supreme Court of New Hampshire Strafford. Decided December, 1899. Selectmen have no authority to waive the filing of the tax inventory required by section 8, chapter 57, of the Public Statutes. The right of appeal to the supreme court for an abatement of taxes is not lost by a […]
STATE v. SUMMERS, 142 N.H. 429 (1997)
702 A.2d 819 THE STATE OF NEW HAMPSHIRE v. DONNA SUMMERS No. 95-877Supreme Court of New Hampshire Belknap Decided November 19, 1997 1. Search and Seizure — Generally — Expectation of Privacy The “reasonable expectation of privacy” analysis for purposes of determining whether an invaded interest is one that is protected under the U.S. CONST., […]