39 A. 900 THORNTON v. GILMAN. Supreme Court of New Hampshire Grafton. Decided December, 1892. A guardian de son tort cannot purchase his ward’s land at a tax sale. WRIT OF ENTRY. Facts found by the court. For several years before 1885, Sarah J. Cram was the owner of the land described in the writ, […]
Category: New Hampshire Court Opinions
INSURANCE COMPANY v. WAY, 62 N.H. 622 (1883)
CONNECTICUT RIVER MUTUAL FIRE INS. CO. v. WAY. Supreme Court of New Hampshire Sullivan. Decided June, 1883. A foreign insurance company may recover in an action upon a premium note given as the consideration for a contract of insurance upon property in this state, made and to be performed in the state where the company […]
TILTON v. SHARPE, 84 N.H. 43 (1929)
146 A. 159 TILTON v. DAVID P. SHARPE. Supreme Court of New Hampshire Belknap. Decided May 7, 1929. The rights of an abutter upon a public highway to egress and ingress are to be determined by the doctrines of reasonable necessity, reasonable care and reasonable use; and the owner may put his property to any […]
IN RE HOUGHTON ESTATE, 114 N.H. 33 (1974)
314 A.2d 674 In re HOUGHTON ESTATE No. 6562Supreme Court of New Hampshire Cheshire County Probate Court Decided January 31, 1974 1. Absent a clear indication that the legislature intended to alter the common-law rule that a patient and his estate are primarily liable expenses of his care and treatment in a public institution, a […]
BLODGETT v. STONE, 60 N.H. 167 (1880)
BLODGETT v. STONE. Supreme Court of New Hampshire Coos. Decided June, 1880. An action may be maintained for nominal damages for the wrongful diversion of the water of a natural watercourse, by one whose legal right is invaded.[,] without proof of actual injury. CASE, for diverting the water of a natural stream from the plaintiff’s […]
IN RE ESTATE OF GAULT, 116 N.H. 525 (1976)
363 A.2d 195 IN RE ESTATE OF ELIZABETH B. GAULT No. 7490Supreme Court of New Hampshire Hillsborough County Probate Court Decided August 31, 1976 1. Substantial questions of law apparently being involved in the questions transferred, the supreme court was not disposed to determine the law in this case involving adversary interests in the absence […]
MITCHEL v. DOVER, 98 N.H. 285 (1953)
99 A.2d 409 JOHN MITCHEL a. v. DOVER. No. 4219.Supreme Court of New Hampshire Strafford.Argued September 1, 1953. Decided September 22, 1953. Where a Justice of the Superior Court disqualifies himself and orders a mistrial at the close of the plaintiff’s case he is discharged and a trial de novo may be had before another […]
PHEASANT LANE REALTY TRUST v. CITY OF NASHUA, 143 N.H. 140 (1998)
720 A.2d 73 PHEASANT LANE REALTY TRUST v. CITY OF NASHUA No. 96-628Supreme Court of New Hampshire Hillsborough-southern judicial district Decided November 9, 1998 1. Administrative Law — Exhaustion of Administrative Remedies — Particular Cases Where only substantive issue raised at superior court and on appeal was authority for city’s supplemental tax assessment for underassessed […]
PLYMOUTH v. COUNTY, 68 N.H. 361 (1895)
44 A. 523 PLYMOUTH v. GRAFTON COUNTY. Supreme Court of New Hampshire Grafton. Decided June, 1895. The disallowance of a town’s pauper claim by the county commissioners authorizes a submission to the court of the matters in dispute, under P. S., c. 27, s. 13. An action of assumpsit to enforce such claim may be […]
THOMAS v. TOWN OF HOOKSETT, 153 N.H. 717 (2006)
JOSEPH THOMAS a. v. TOWN OF HOOKSETT. No. 2005-312.Supreme Court of New Hampshire Merrimack.Argued: March 8, 2006. Opinion Issued: July 20, 2006. 1. Zoning and Planning — Judicial Review — Standing Whether or not a person has standing to challenge a zoning board decision is a factual determination to be undertaken on a case by […]
DAIGLE v. CITY OF PORTSMOUTH, 133 N.H. 498 (1990)
577 A.2d 1236 DALE A. DAIGLE v. CITY OF PORTSMOUTH No. 89-443Supreme Court of New Hampshire Rockingham Decided August 3, 1990 1. Appeal and Error — Findings — Master’s Findings A master’s findings will not be overturned unless no reasonable person could have made the same findings on the basis of the evidence before the […]
KENNEDY v. TOWN OF SUNAPEE, 147 N.H. 79 (2001)
784 A.2d 685 RICHARD E. KENNEDY v. TOWN OF SUNAPEE a. No. 99-770Supreme Court of New Hampshire Sullivan Decided October 9, 2001 1. Constitutional Law — Police Power — Generally Constitutional provision guaranteeing all persons certain property rights and granting all persons the right to enjoy their property and the right to just compensation should […]
LaMONTAGNE BUILDERS v. BOWMAN BROOK PURCHASE GROUP, 150 N.H. 270 (2003)
837 A.2d 301 LaMONTAGNE BUILDERS, INC. v. BOWMAN BROOK PURCHASE GROUP a. No. 2002-478.Supreme Court of New Hampshire Hillsborough-northern Judicial DistrictArgued: October 8, 2003. Opinion Issued: November 24, 2003. 1. Appeal and Error — Questions Considered on Appeal — Particular Cases Because defendants failed to raise the issue of notice when plaintiff submitted its request […]
RICHARDSON v. SCHNEIDER, 112 N.H. 475 (1972)
298 A.2d 583 HORACE L. RICHARDSON a. v. CURTIS SCHNEIDER a. No. 6362.Supreme Court of New Hampshire Carroll. Decided December 29, 1972. 1. The record warranted the master’s findings and rulings on the disputed location of boundaries described in several deeds. 2. Quantities of lands expressed in precise terms in deeds may be considered in […]
APPEAL OF KINGSWOOD TRUST SAVINGS BANK, 123 N.H. 7 (1983)
455 A.2d 1027 APPEAL OF KINGSWOOD TRUST SAVINGS BANK (New Hampshire Board of Trust Company Incorporation) No. 82-242Supreme Court of New Hampshire Board of Trust Company Incorporation Decided January 18, 1983 1. Administrative Law — Judicial Review — Decisions The supreme court has stated that, except for errors of law, it will not set aside […]
IN RE JUVENILE 2003-195, 150 N.H. 644 (2004)
843 A.2d 318 IN RE JUVENILE 2003-195. No. 2003-195.Supreme Court of New Hampshire Sullivan County Probate CourtArgued: January 14, 2004. Opinion Issued: March 12, 2004. 1. Parent and Child — Termination of Parental Rights — Burden of Proof Before a court may order the termination of a parent’s rights, the petitioning party must prove a […]
DEMOULAS v. TOWN OF SALEM, 116 N.H. 775 (1976)
367 A.2d 588 T. A. DEMOULAS, TRUSTEE OF DELTA DELTA REALTY TRUST v. TOWN OF SALEM No. 7307Supreme Court of New Hampshire Board of Taxation Decided December 30, 1976 1. The party aggrieved by the board of taxation’s grant or denial of a tax abatement must appeal that decision pursuant to RSA 76:16-a V (Supp. […]
ROGERS v. PUB. SERV. CO. OF N.H., 121 N.H. 956 (1981)
437 A.2d 263 MATTHEW ROGERS v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE No. 80-357Supreme Court of New Hampshire Rockingham Decided November 16, 1981 1. Appeal and Error — Motion for New Trial — Discretion of Trial Court The standard to be applied by the supreme court in reviewing the denial, by the trial justice, of […]
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., […]
DISTRICT v. GREENFIELD, 64 N.H. 84 (1886)
6 A. 484 SCHOOL-DISTRICT NO. 3 IN GREENFIELD a. v. GREENFIELD a. Supreme Court of New Hampshire Hillsborough. Decided June, 1886. The common-law methods of winding up the affairs of an extinct corporation are not abolished by the statutes which allow a limited continuance of some of it powers for special purposes. A school-district holds […]
N. COUNTRY ENVTL. SERVS. v. TOWN, BETHLEHEM, 146 N.H. 348 (2001)
772 A.2d 330 NORTH COUNTRY ENVIRONMENTAL SERVICES, INC. v. TOWN OF BETHLEHEM. TOWN OF BETHLEHEM v. NORTH COUNTRY ENVIRONMENTAL SERVICES, INC. Nos. 99-234, 99-595Supreme Court of New Hampshire Grafton Decided May 1, 2001 1. Zoning and Planning — Generally — Exceptions,Variances, and Nonconforming Uses Trial court properly determined that amendments to town zoning ordinance did […]
DELANEY v. GURRIERI, 122 N.H. 819 (1982)
451 A.2d 394 ROBERT P. DELANEY a. v. JOHN GURRIERI a. No. 81-284Supreme Court of New Hampshire Sullivan Decided September 10, 1982 1. Easements — Right-of-Way — Reasonable Use The doctrine of reasonable use provides that the rights of the parties to a right-of-way are questions of fact that must be determined in light of […]
HOWARTH v. STATE, 124 N.H. 296 (1983)
470 A.2d 895 RUTH B. HOWARTH v. THE STATE OF NEW HAMPSHIRE No. 83-011Supreme Court of New Hampshire Strafford County Probate Court Decided December 16, 1983 1. Taxation — Inheritance Tax — Property Subject to Tax The designation of a beneficiary to receive death benefits under an annuity contract qualifies as a “gift” made by […]
FRANKLIN DISCOUNT CO. v. MURPHY, 98 N.H. 31 (1953)
93 A.2d 669 FRANKLIN DISCOUNT COMPANY v. GERARD M. MURPHY. No. 4163.Supreme Court of New Hampshire Merrimack. Decided January 6, 1953. Under Massachusetts law, a promissory note negotiable on its face and payable in monthly installments is negotiable although given in connection with a conditional sales agreement but making no reference to it, and further […]
ESTABROOK v. WETMORE, 129 N.H. 520 (1987)
529 A.2d 956 LOIS ESTABROOK, ADMINISTRATRIX OF THE ESTATE OF NELSON ESTABROOK v. BYRON F. WETMORE No. 86-516Supreme Court of New Hampshire Hillsborough Decided July 22, 1987 1. Courts — Jurisdiction — Long-Arm Statutes Long-arm statute grants jurisdiction whenever the due process clause of the United States Constitution permits it. RSA 510:4. Page 521 2. […]
CURRIER v. CURRIER, 70 N.H. 145 (1899)
47 A. 94 CURRIER, Ap’t, v. CURRIER a., Ex’rs. Supreme Court of New Hampshire Merrimack. Decided December, 1899. Where a clause in a will provides that the widow shall take one third of the testator’s real estate in F and also one third of all his personal property, she is entitled to the shares specified […]
STALTARE v. GRANITE STATE INS. CO., 107 N.H. 6 (1966)
216 A.2d 793 MARY FRANCES STALTARE a. v. GRANITE STATE FIRE INSURANCE COMPANY a. No. 5370.Supreme Court of New Hampshire Rockingham.Argued December 7, 1965. Decided January 31, 1966. 1. In actions on fire insurance policies for losses alleged to have resulted from windstorm damage, the granting of a motion to amend the writs by adding […]
UPTON v. COMPANY, 81 N.H. 489 (1925)
128 A. 802 ROBERT W. UPTON, Adm’r, v. CONWAY LUMBER COMPANY. Supreme Court of New Hampshire Carroll. Decided March 3, 1925. On the issue of the mental capacity of a person to execute a valid contract, the inquiry is merely whether the powers of his mind have been so far affected by disease as to […]
STATE v. McINTYRE, 151 N.H. 465 (2004)
861 A.2d 767 THE STATE OF NEW HAMPSHIRE v. JEREMY McINTYRE. No. 2003-395.Supreme Court of New Hampshire Strafford.Argued: September 9, 2004. Opinion Issued: November 18, 2004. 1. Evidence — Other Bad Acts — Common Plan The distinguishing characteristic of a common plan under evidentiary rule is the existence of a true plan in the defendant’s […]
APPEAL OF ROY W. BROOKS, 161 N.H. 457 (2011)
20 A.3d 280 APPEAL OF ROY W. BROOKS (New Hampshire Department of Employment Security). No. 2009-705.Supreme Court of New Hampshire. Department of Employment Security.Argued: October 28, 2010. Opinion Issued: February 23, 2011. 1. Unemployment Compensation — Employee Eligibility — Misconduct New Hampshire’s unemployment compensation system is predicated upon benefits being paid to those who become […]
STATE v. POULOS, 97 N.H. 352 (1952)
88 A.2d 860 STATE v. WILLIAM POULOS a. No. 4113.Supreme Court of New Hampshire Rockingham. Decided April 26, 1952. Where the respondent dies pending transfer and disposition of his exceptions, the action is abated. The wrongful refusal of the city council to grant a license to use a public park to hold open air religious […]
HIMMEL v. FINKELSTEIN, 90 N.H. 78 (1939)
4 A.2d 657 BESSIE L. HIMMEL, Adm’x v. MORRIS FINKELSTEIN. No. 3007.Supreme Court of New Hampshire Hillsborough. Decided February 7, 1939. While a person is ordinarily justified in assuming that others will act carefully, he is not warranted in assuming that their conduct will be perfect. Hence a motorist may be required to anticipate and […]
TRUDA v. OSGOOD, 71 N.H. 185 (1901)
51 A. 633 TRUDA v. OSGOOD, Trustee. Supreme Court of New Hampshire Hillsborough. Decided December 3, 1901. A state court has concurrent jurisdiction of an action to determine the title to property taken in possession by a trustee in bankruptcy as a part of the bankrupt’s estate. TROVER, against the trustee in bankruptcy of V.T., […]
APPEAL OF MILFORD WATER WORKS, 126 N.H. 127 (1985)
489 A.2d 627 APPEAL OF MILFORD WATER WORKS (New Hampshire Public Utilities Commission) No. 84-048Supreme Court of New Hampshire Public Utilities Commission Decided February 21, 1985 1. Public Utilities — Regulatory Agencies — Powers The public utilities commission may attach reasonable conditions in consideration of the interests of local residents when it grants a utility’s […]
DOE v. DOE, 119 N.H. 773 (1979)
408 A.2d 785 MARY DOE v. JOHN DOE No. 79-101Supreme Court of New Hampshire Hillsborough Decided October 24, 1979 1. Divorce — Custody and Support of Children — Change in Circumstances Changes in circumstances which justify a change in custody need not be limited to such factors as personal hygiene or lifestyles but may include […]
STATE v. DaVIAS, 139 N.H. 185 (1994)
650 A.2d 1386 THE STATE OF NEW HAMPSHIRE v. ERIC DAVIS a/k/a ERICO DaVIAS No. 93-085Supreme Court of New Hampshire Merrimack Decided December 14, 1994 1. Constitutional Law — Due Process — Right to Counsel Trials are not to be held according to the fancy of the defendant, and his flat refusal to attend trial […]
McGEEHAN v. BANK OF NEW HAMPSHIRE, N.A., 123 N.H. 83 (1983)
455 A.2d 1054 WILLIAM D. McGEEHAN v. BANK OF NEW HAMPSHIRE, NATIONAL ASSOCIATION a. No. 82-118Supreme Court of New Hampshire Hillsborough Decided January 26, 1983 1. Statutes — Construction and Application — Federal Statutes The federal statute which provides that a national banking association has the power by its board of directors to appoint and […]
BRULOTTE v. CORMIER HOSIERY MILLS, INC., 118 N.H. 432 (1978)
387 A.2d 1162 NORMAN BRULOTTE v. CORMIER HOSIERY MILLS, INC. No. 7846Supreme Court of New Hampshire Belknap Decided June 19, 1978 Labor Relations — Profit-Sharing Plan — Construction Where interpretation of phrase “job elimination” as set forth in company’s employee’s handbook would determine employee’s entitlement under company profit-sharing plan, and employee had over five years’ […]
GREANEY v. GREANEY, 109 N.H. 305 (1969)
250 A.2d 502 THOMAS FRANCIS GREANEY, JR. v. GISELA KATHARINA GREANEY. No. 5776.Supreme Court of New Hampshire Rockingham.Argued January 7, 1969. Decided March 4, 1969. 1. In a libel for divorce, it was within the discretion of the Trial Court under the particular circumstances to reject libellant’s offer of proof as to the libellee’s financial […]
MOODY v. DROWN, 58 N.H. 45 (1876)
MOODY v. DROWN. Supreme Court of New Hampshire Grafton. Decided December, 1876. When the defrauded party elects to treat a fraudulent exchange of chattels as void, and the other party’s possession of his property as tortious, a demand is not necessary to enable him to maintain trover. And when the title of the chattel received […]
COMMUNITY OIL CO. v. WELCH, 105 N.H. 320 (1964)
199 A.2d 107 COMMUNITY OIL CO. v. ROBERT WELCH. No. 5213.Supreme Court of New Hampshire Coos.Argued March 3, 1964. Decided March 31, 1964. 1. The mission of the summary judgment procedure (RSA 491:8-a (supp)) is to pierce the pleadings and assess the proof in order to determine if there is a genuine issue of material […]
GALLIENNE v. COMPANY, 88 N.H. 375 (1937)
190 A. 274 DOROTHY JOHNSON GALLIENNE v. BECKER BROTHERS SHOE CO. Supreme Court of New Hampshire Rockingham. Decided February 2, 1937. An employment within the workmen’s compensation act includes not only the actual doing of the work, but a reasonable margin of time and space necessary to be used in passing to and from the […]
APPEAL OF KENNEDY, 162 N.H. 109 (2011)
27 A.3d 844 APPEAL OF MATTHEW KENNEDY a. (New Hampshire Public Employee Labor Relations Board). No. 2010-438.Supreme Court of New Hampshire. Public Employee Labor Relations Board.Argued: March 17, 2011. Opinion Issued: May 26, 2011. 1. Public Employees — Unions — Collective Bargaining Statutes The Public Employee Labor Relations Act requires public employers and employee organizations […]
SINGH v. THERRIEN MANAGEMENT CORP., 140 N.H. 355 (1995)
666 A.2d 1341 SOOKRAJ K. SINGH v. THERRIEN MANAGEMENT CORPORATION No. 94-369Supreme Court of New Hampshire Strafford Decided October 27, 1995 1. Workers’ Compensation — Actions by or Against Third Parties — Parent or Subsidiary Corporations Where employee, who had received workers’ compensation benefits from his employer, brought suit against employer’s affiliate corporation, which had […]
WENTWORTH HOTEL v. GRAY, INC., 110 N.H. 458 (1970)
272 A.2d 583 WENTWORTH HOTEL, INC. v. F. A. GRAY, INC. No. 5887.Supreme Court of New Hampshire Rockingham. Decided December 1, 1970. 1. A plaintiff who has been sued at common law (RSA 281:14) by a workman who was injured on plaintiff’s premises in the course of his employment by the defendant in performance of […]
KINNEY v. KINNEY, 122 N.H. 1165 (1982)
453 A.2d 1321 WILLIAM JOSEPH KINNEY v. SANDRA SIMMONS KINNEY No. 81-430Supreme Court of New Hampshire Hillsborough Decided December 30, 1982 1. Divorce — Custody and Support of Children — Support Obligation Under the law of New Hampshire, there is a duty to provide support for minor children during the period of separation before a […]
APPEAL OF JEAN-GUY’S USED CARS PARTS, 159 N.H. 38 (2009)
APPEAL OF JEAN-GUY’S USED CARS PARTS, INC. (New Hampshire Department of Safety) No. 2008-685.Supreme Court of New Hampshire. Department of Safety.Argued: April 7, 2009. Opinion Issued: June 17, 2009. 1. Statutes — Generally — Legislative History or Intent When a statute considered as a whole does not inform a court of the legislature’s intended meaning […]
TURETSKY v. TOWN OF GILSUM, 118 N.H. 23 (1978)
382 A.2d 375 HELEN TURETSKY v. TOWN OF GILSUM No. 7678Supreme Court of New Hampshire Board of Taxation Decided January 23, 1978 1. Taxation — Appeals — Questions To Be Considered On appeal from property tax abatement order of board of taxation, supreme court’s review of board’s actions would be limited to questions of law. […]
HAMPTON NAT’L BANK v. DESJARDINS, 114 N.H. 68 (1974)
314 A.2d 654 HAMPTON NATIONAL BANK v. NELSON DESJARDINS No. 6718Supreme Court of New Hampshire Rockingham Decided January 31, 1974 1. A prejudgment attachment of a person’s checking account under RSA 512:9-b by a sheriff at the request of a plaintiff without giving the person prior notice and an opportunity for a hearing on the […]
MONROE v. LUMBER COMPANY, 66 N.H. 628 (1891)
32 A. 152 MONROE v. CONNECTICUT RIVER LUMBER CO. a. Supreme Court of New Hampshire Grafton. Decided June, 1891. PETITION, by the defendants for the removal of the action into the circuit court of the United States, on the ground that the plaintiffs made Van Dyke a party defendant for the purpose of preventing a […]
SOUTHWESTERN TRANS. CO. v. DURHAM, 102 N.H. 169 (1959)
152 A.2d 596 SOUTHWESTERN NEW HAMPSHIRE TRANSPORTATION CO., INC. a. v. ROLAND DURHAM a. No. 4744.Supreme Court of New Hampshire Hillsborough.Argued May 6, 1959. Decided June 30, 1959. 1. Where a general contract between a labor union and plaintiff trucking companies provided for settlement of grievances by a specified arbitration board and provided that such […]
CALDERWOOD v. CALDERWOOD, 112 N.H. 355 (1972)
296 A.2d 910 WALTER A. CALDERWOOD v. DOROTHY A. CALDERWOOD. No. 6251.Supreme Court of New Hampshire Strafford. Decided November 3, 1972. 1. The three-year provision of RSA 458:19 requires a periodic re-examination and readjustment of an alimony decree in the light of the parties’ changing needs and financial resources. 2. Pretrial discovery by deposition or […]
HOBSON v. HILLTOP PLACE COMM. ASSOC., 122 N.H. 1023 (1982)
453 A.2d 841 JOHN HOBSON a. v. HILLTOP PLACE COMMUNITY ASSOCIATION No. 81-444Supreme Court of New Hampshire Merrimack Decided December 10, 1982 1. Associations — Property Owners — Governing Law Community association which was a non-profit corporation established under the chapter governing voluntary corporations and associations and which owned and managed certain “community property” within […]
WHITTEMORE v. SULLIVAN CTY. HOMEMAKER’S AID SERV., 129 N.H. 432 (1987)
529 A.2d 919 LILLIAN WHITTEMORE v. SULLIVAN COUNTY HOMEMAKER’S AID SERVICE AND HARTFORD INSURANCE COMPANY No. 86-273Supreme Court of New Hampshire Sullivan Decided June 8, 1987 1. Workers’ Compensation — Injuries in Course of and Arising Out of Employment — Proof To prove that an injury is compensable under workers’ compensation law as arising out […]
HOPWOOD v. PICKETT, 145 N.H. 207 (2000)
761 A.2d 436 MARY P. HOPWOOD v. ROBERT J. PICKETT a. No. 97-059Supreme Court of New Hampshire Rockingham County Probate Court Decided August 23, 2000 1. Trusts — Constructive Trusts — Generally Party seeking to impose a constructive trust must generally prove by clear and convincing evidence that such a trust is warranted. 2. Trusts […]
HALL v. BROWN, 58 N.H. 93 (1877)
HALL v. BROWN a. Supreme Court of New Hampshire Grafton. Decided March, 1877. The court may take judicial notice of a railroad charter, published by the state among the public and private acts and resolutions of the legislature, as required by s. 2 of c. 4 of the Gen. St., and distributed by the state […]
MERCER v. MERCHANTS NAT’L BANK, 112 N.H. 441 (1972)
298 A.2d 736 LUCILLE H. MERCER a. v. MERCHANTS NATIONAL BANK, TRUSTEE UNDER THE WILL OF BUSHROD W. HILL. No. 6188.Supreme Court of New Hampshire Hillsborough. Decided December 29, 1972. 1. Probate court has duty and authority to approve the amount and time of payment of trustee’s fees that, in its reasonable discretion, are appropriate […]
HOWARD v. FLETCHER, 59 N.H. 151 (1879)
HOWARD v. FLETCHER. Supreme Court of New Hampshire Cheshire. Decided June, 1879. In a suit on a note made and payable in Vermont, the law of that state relating to sureties applies, and by that law they are not discharged by an extension of the time of payment, unless the agreement for extension was in […]
NORTON v. PATTEN, 125 N.H. 413 (1984)
480 A.2d 190 PAUL NORTON v. ROLAND PATTEN No. 83-461Supreme Court of New Hampshire Hillsborough Decided August 10, 1984 1. Constitutional Law — New Hampshire Constitution — Retrospective Laws Every statute which takes away or impairs vested rights, acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new […]
STORCH ENGINEERS v. DK LAND DEVELOPERS, 134 N.H. 414 (1991)
593 A.2d 245 STORCH ENGINEERS v. DK LAND DEVELOPERS d/b/a DK DEVELOPMENT, KITNER ASSOCIATES, ROBERT DOW, AND FRANK KITNER No. 90-259Supreme Court of New Hampshire Rockingham Decided July 8, 1991 1. Partnership — Powers and Duties of Partners — Generally Each partner of a general partnership may be held liable for the entire amount of […]
HAYES v. ARCHAMBAULT, 106 N.H. 434 (1965)
213 A.2d 422 KATHERINE HAYES a. v. ROLAND ARCHAMBAULT. No. 5356.Supreme Court of New Hampshire Jaffrey Municipal Court.Argued June 2, 1965. Decided October 5, 1965. 1. The statute (RSA 502:24) providing that “in municipal courts located in cities and towns having a population of fifteen hundred or more, the finding of facts shall be final” […]
WILSON v. SHEPARD, 124 N.H. 392 (1983)
469 A.2d 1359 E. DONALD WILSON v. HENRY M. SHEPARD AND FOREST-ALL CORPORATION No. 83-142Supreme Court of New Hampshire Merrimack Decided December 29, 1983 1. Judgments — Foreign Judgments — Full Faith and Credit In order to fulfill the mandate of the full faith and credit clause, the judgment of a state court should have […]
APPEAL OF DELL, 140 N.H. 484 (1995)
668 A.2d 1024 APPEAL OF STEPHEN O. DELL, M.D. (New Hampshire Board of Registration in Medicine) No. 94-219Supreme Court of New Hampshire Board of Registration in Medicine Decided December 6, 1995 1. Physicians and Surgeons — Licensing and Regulation — Statutory Provisions Consent order entered into pursuant to RSA 329:17, X (repealed 1992), which allowed […]
IN THE MATTER OF THE LIQUIDATION OF HOME INS. CO., 158 N.H. 396 (2009)
IN THE MATTER OF THE LIQUIDATION OF THE HOME INSURANCE COMPANY. No. 2008-440.Supreme Court of New Hampshire. Merrimack.Argued: January 14, 2009. Opinion Issued: February 20, 2009. 1. Insurance — Regulation and Licensing of Insurers — Rehabilitation and Liquidation Laws Attorneys’ fees are not ordinarily entitled to a preference, and expenses for professional services performed before […]
MERRILL v. CARR, 60 N.H. 114 (1880)
MERRILL v. CARR. Supreme Court of New Hampshire Grafton. Decided June, 1880. A promissory note, given to secure the restoration of stolen property, is void if a part of its consideration is an agreement not to search the house of the thief for the property before the next day, pending negotiations for a settlement of […]
OPINION OF THE JUSTICES, 103 N.H. 333 (1961)
171 A.2d 923 OPINION OF THE JUSTICES. No. 4958.Supreme Court of New Hampshire Request of House of Representatives.Submitted June 21, 1961. Answer returned June 21, 1961. 1. The power and authority granted to the Legislature by the Constitution (Pt. II, Art. 98) to fix the time when constitutional amendments approved by the voters should take […]
GAHAGAN v. RAILROAD, 70 N.H. 441 (1900)
50 A. 146 GAHAGAN v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Strafford. Decided December, 1900. A highway traveler and a railroad company operating a train are under an equal obligation to exercise care to prevent a collision when approaching a grade crossing. In such case it is the duty of the company, which […]
MASON v. RAILWAY, 79 N.H. 300 (1919)
109 A. 841 RICHARD R. MASON v. DOVER, SOMERSWORTH ROCHESTER STREET RY. RICHARD R. MASON, Adm’r, v. SAME. Supreme Court of New Hampshire Strafford. Decided December 2, 1919. A record kept by a third party of the time when the street lights in a city were turned on is governed by the rule as to […]
STATE v. JORDAN, 148 N.H. 115 (2002)
803 A.2d 604 THE STATE OF NEW HAMPSHIRE v. JOHN JORDAN No. 2001-401Supreme Court of New Hampshire BelknapArgued June 12, 2002 Opinion Issued July 24, 2002 1. Evidence — Generally — Probative Value In prosecution for assault, the trial court properly found a 911 tape to be highly probative of the defendant’s involvement in the […]
OPINION OF THE JUSTICES, 99 N.H. 536 (1955)
114 A.2d 801 OPINION OF THE JUSTICES. No. 4425.Supreme Court of New Hampshire Decided June 9, 1955. Legislation authorizing an agency of the State to issue bonds to provide funds for loans to private charitable educational institutions and providing that payment thereof shall be guaranteed “in the name of the state” imposes obligations upon the […]
SAWYER v. WOOD, 59 N.H. 347 (1879)
SAWYER v. WOOD. Supreme Court of New Hampshire Merrimack. Decided December, 1879. Whether a writ was made by a deputy sheriff in violation of s. 21, c. 216 of the General Laws, presents a question of fact, to be determined at the trial term. MOTION, by Elizabeth P. Gill, who appears as a subsequent attaching […]
BELMONT v. PARENT, 90 N.H. 249 (1939)
7 A.2d 255 BELMONT v. LEGER PARENT a. No. 3080.Supreme Court of New Hampshire Belknap. Decided May 31, 1939. Selectmen of a town which has no police commission may in their discretion license a suitable person to carry on the junk business and may designate the place where the business is to be carried on […]
FLAHERTY v. FLAHERTY, 138 N.H. 337 (1994)
638 A.2d 1254 LYNDA M. FLAHERTY v. PAUL W. FLAHERTY No. 92-702Supreme Court of New Hampshire Hillsborough-northern judicial district Decided March 22, 1994 1. Divorce — Division of Property — Interest in Trust In action for divorce, New Hampshire court had jurisdiction of defendant’s interest in a trust created by his parents; although Massachusetts’ interest […]
HARVEY v. WATSON, 63 N.H. 466 (1885)
3 A. 624 HARVEY v. WATSON. Supreme Court of New Hampshire Rockingham. Decided December, 1885. Where the assignee of an insolvent debtor in another state affirms a sale and delivery of goods made by the insolvent there, shortly before the assignment, to a citizen of this state, a creditor of the insolvent, who claims that […]
HILL v. DODGE, 80 N.H. 381 (1922)
117 A. 728 FRED S. HILL v. JAMES E. DODGE. Supreme Court of New Hampshire Merrimack. Decided May 2, 1922. Under the statute of frauds (P. S., c. 215, s. 3), a parol waiver of the acceptance and actual receipt of chattels is ineffectual. Acceptance and actual receipt, when alone relied upon to satisfy the […]
CARLETON v. RAILROAD, 82 N.H. 263 (1926)
132 A. 680 DANIEL G. CARLETON v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided March 2, 1926. The statute requiring the driver of a street railway car to stop his car before crossing a steam railroad at grade, and not to proceed until it is ascertained that no train is approaching and […]
BEAUDOIN v. ZACCARDO, 117 N.H. 273 (1977)
371 A.2d 1174 ROGER BEAUDOIN v. WILLIAM V. ZACCARDO a. No. 7616Supreme Court of New Hampshire Belknap Decided March 31, 1977 1. Trial — Questions for Master Because there was evidence supporting the existence of an oral agreement between contractor and owners, its disputed terms could be determined by the master as the trier of […]
STATE v. COLE, 118 N.H. 829 (1978)
395 A.2d 189 THE STATE OF NEW HAMPSHIRE v. ROGER COLE No. 78-110Supreme Court of New Hampshire Rockingham Decided December 6, 1978 1. Constitutional Law — Speedy Trial — Criminal Proceedings The right to a speedy trial is guaranteed by both the sixth amendment to the Federal Constitution and the New Hampshire Constitution. N.H. CONST. […]
APPEAL OF ST. JOSEPH HOSP., 152 N.H. 741 (2005)
886 A.2d 1005 APPEAL OF ST. JOSEPH HOSPITAL (New Hampshire Health Services Planning and Review Board). No. 2004-824.Supreme Court of New Hampshire Health Services Planning and Review Board.Argued: September 14, 2005. Opinion Issued: November 16, 2005. 1. Physicians and Surgeons — Hospitals — Administration and Operation For the purposes of the statute regulating proposed institutional […]
RHEUBAN v. COMMERCIAL INVESTMENT TRUST, INC., 81 N.H. 498 (1925)
128 A. 807 HENRIETTA RHEUBAN v. COMMERCIAL INVESTMENT TRUST, INC. Supreme Court of New Hampshire Hillsborough. Decided March 3, 1925. Part payment for an automobile having been made by an installment note which, in accordance with the understanding at the time, was transferred to the defendant corporation, it being a part of the agreement that […]
TREISMAN v. TOWN OF BEDFORD, 135 N.H. 573 (1992)
607 A.2d 950 ROBERT S. TREISMAN v. TOWN OF BEDFORD No. 90-343Supreme Court of New Hampshire Hillsborough Decided May 22, 1992 Costs — Attorney Fees — Particular Cases Trial court’s award of attorney’s fees to plaintiff, based on alleged bad faith of the town in defending suit, would be reversed where town’s legal position was […]
APPEAL OF JOHN DENMAN, 120 N.H. 568 (1980)
419 A.2d 1084 APPEAL OF JOHN H. AND MILENA S. DENMAN d/b/a CHEESE, ETC. (New Hampshire Board of Taxation) No. 79-176Supreme Court of New Hampshire Board of Taxation Decided September 10, 1980 1. Statutes — Construction and Application — Tax Laws An ambiguous tax statute will be construed against the taxing authority rather than the […]
BACHER v. PUBLIC SERV. CO. OF N.H., 119 N.H. 356 (1979)
402 A.2d 642 DONALD BACHER v. PUBLIC SERVICE CO. OF NEW HAMPSHIRE No. 78-203Supreme Court of New Hampshire Coos Decided May 17, 1979 1. Public Utilities — Regulatory Agencies — Powers Except in narrowly defined instances, the ratemaking power of the public utilities commission is plenary. 2. Public Utilities — Regulatory Agencies — Duties Resolution […]
STATE v. BRYANT, 58 N.H. 79 (1877)
STATE v. BRYANT Supreme Court of New Hampshire Belknap. Decided March, 1877. An indictment under c. 257, s. 6, Gen. St., which contains no averment of respondent’s neglect to give information of the incumbrance, [encumbrance] so far as he knows, before any part of the consideration is paid, is bad, and will be quashed on […]
WHITTEMORE v. RAILROAD, 77 N.H. 593 (1914)
90 A. 601 ANSEL J. WHITTEMORE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Cheshire. Decided April 7, 1914. CASE, for wrongfully ejecting the plaintiff from a train. This is the same case reported 76 N.H. 388, and ante, 61. Upon this trial, at the October term, 1913, of the superior court, there was […]
STATE v. PHILIBOTTE, 123 N.H. 240 (1983)
459 A.2d 275 THE STATE OF NEW HAMPSHIRE v. LOUIS PHILIBOTTE No. 82-070Supreme Court of New Hampshire Hillsborough Decided March 31, 1983 1. Constitutional Law — Identification of Accused — Generally After the suppression of an impermissibly suggestive out-of-court identification, the State must prove by clear and convincing evidence that a subsequent in-court identification has […]
UNION SCHOOL DISTRICT v. COMM’R OF LABOR, 103 N.H. 512 (1961)
176 A.2d 332 UNION SCHOOL DISTRICT OF KEENE a. v. COMMISSIONER OF LABOR. No. 4815.Supreme Court of New Hampshire Cheshire.Argued October 17, 1961. Decided December 27, 1961. 1. The Legislature may constitutionally prescribe the minimum wages to be paid employees of contractors engaged in the construction of public works. 2. Legislation (RSA ch. 280) providing […]
PETITION OF MONE, 143 N.H. 128 (1998)
719 A.2d 626 PETITION OF MICHAEL MONE a. No. 98-536Supreme Court of New Hampshire Original Decided November 4, 1998 1. Courts — Supreme Court — Practice and Procedure Supreme court will exercise its original jurisdiction in circumstances where parties desire, and public need requires, speedy determination of important issues in controversy. RSA 490:4 (1997). 2. […]
IN RE THE PROPOSED PUBLIC PROTECTION FUND RULE, 142 N.H. 588 (1998)
707 A.2d 125 In re THE PROPOSED PUBLIC PROTECTION FUND RULE (Petition of the New Hampshire Bar Association) No. R-97-001Supreme Court of New Hampshire Original Decided January 22, 1998 1. Attorneys — Judicial Control — Protection of Public The supreme court’s obligation to protect the public is no less important when it supervises attorneys than […]
STATE v. GUAY, 130 N.H. 413 (1988)
543 A.2d 910 THE STATE OF NEW HAMPSHIRE v. REGINALD GUAY No. 86-507Supreme Court of New Hampshire Hillsborough Decided May 6, 1988 1. Evidence — Identifications — Suggestive Procedures When unnecessarily suggestive police identification procedures are used, the State must demonstrate by clear and convincing evidence, in light of the totality of the circumstances, that […]
ELLIS v. ALDRICH, 70 N.H. 219 (1899)
47 A. 95 ELLIS, Ex’r, v. ALDRICH a. Supreme Court of New Hampshire Cheshire. Decided December, 1899. Under a legacy to a wife with a limitation over “in case of” her decease, the surviving widow will take absolutely unless a contrary intention appears. A legacy to a wife which was not intended to be in […]
GREAT TRADITIONS v. O’CONNOR, 157 N.H. 387 (2008)
GREAT TRADITIONS HOME BUILDERS, INC. v. MARIE O’CONNOR. No. 2007-597.Supreme Court of New Hampshire. Rochester District Court.Argued: May 21, 2008. Opinion Issued: June 13, 2008. 1. Landlord and Tenant — Evictions and ForcibleEntry and Detainer Actions — Practice and Procedure Plain language of the notice provision in the eviction statute relating to “other good cause” […]
PAGE v. CAMPTON, 63 N.H. 197 (1884)
PAGE v. CAMPTON. Supreme Court of New Hampshire Grafton. Decided June, 1884. Whether a claimant of damages for a defective highway was unavoidably prevented by accident, mistake, or misfortune from filing his claim in ten days, or whether his omission was caused by his own fault, is a question of fact to be determined at […]
STATE v. CASWELL, 146 N.H. 243 (2001)
769 A.2d 387 THE STATE OF NEW HAMPSHIRE v. DANA M. CASWELL No. 99-203Supreme Court of New Hampshire Somersworth District Court Decided April 4, 2001 1. Evidence — Burden of Proof — Particular Cases In prosecution of defendant for operating motor vehicle while having a blood alcohol concentration above 0.08, trial court did not err […]
HACKETT v. BANK, 68 N.H. 274 (1895)
44 A. 393 HACKETT, Assignee, v. LEOMINSTER NATIONAL BANK a. Supreme Court of New Hampshire Rockingham. Decided June, 1895. A pledge of stock to secure previous indebtedness, made within three months of the beginning of insolvency proceedings, is void under P. S., c. 201, s. 26. EQUITY, by the assignee in insolvency of William H. […]
KENT v. EXETER, 68 N.H. 469 (1896)
44 A. 607 KENT a. v. EXETER. Supreme Court of New Hampshire Rockingham. Decided June, 1896 Personal estate of a person deceased is not taxable to his heirs, under P. S., c. 56, s. 26, when an administrator is in possession thereof; but is taxable to the administrator in the town in which he resides. […]
INSURANCE CO. v. CLARK, 59 N.H. 345 (1879)
PHOENIX MUTUAL LIFE INSURANCE CO. v. CLARK. Supreme Court of New Hampshire Merrimack. Decided December 1879. When the law of a case is fully, accurately, and clearly stated in instructions given to the jury, and each party has an opportunity in argument to apply the law to his view of the facts, it is not […]
KEATING v. UNITED INSTRUMENTS, 144 N.H. 393 (1999)
742 A.2d 128 JOHN J. KEATING, ADMINISTRATOR OF THE ESTATE OF MICHAEL J. KEATING a. v. UNITED INSTRUMENTS, INC. a. Nos. 97-161, 97-373Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided December 8, 1999 1. Evidence — Relevance — Subsequent Remedial Measures Trial court, in wrongful death action arising from airplane crash did not abuse […]
McGINLEY v. RAILROAD, 79 N.H. 320 (1919)
109 A. 715 THERESA McGINLEY v. MAINE CENTRAL RAILROAD CO. Supreme Court of New Hampshire Coos. Decided December 2, 1919. In order to maintain a petition for a new trial under P.S., c. 230, s. 1, on the ground of newly discovered evidence, the petitioner must, among other requisites, establish that a different result will […]