Category: New Hampshire Court Opinions

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

768 A.2d 1048 JOHN PICHOWICZ a. v. WATSON INSURANCE AGENCY, INC. No. 99-078Supreme Court of New Hampshire Rockingham March 21, 2001 1. Limitation of Actions — Particular Actions — PersonalInjury Where alleged negligence was defendant insurance agency’s failure to procure insurance that would cover plaintiffs in the underlying lawsuit, the alleged negligence first caused harm […]

553 A.2d 311 WENTWORTH-DOUGLASS HOSPITAL v. NEW HAMPSHIRE DEPARTMENT OF HEALTH AND WELFARE, DIVISION OF WELFARE No. 87-337Supreme Court of New Hampshire Strafford Decided December 30, 1988 1. Administrative Law — Judicial Review — Procedure The sole means of obtaining judicial review of a fair hearings decision of the New Hampshire Division of Welfare is […]

306 A.2d 768 ROGER L. ROBINSON v. FIMBEL DOOR COMPANY No. 6550Supreme Court of New Hampshire Hillsborough Decided June 29, 1973 1. Plaintiff claiming malicious prosecution must prove that he was subjected to criminal prosecution by defendant without probable cause and with malice, and that the criminal proceeding terminated in his favor. 2. A nol […]

354 A.2d 408 IN RE HARLAN H. ROBB No. 7414Supreme Court of New Hampshire Grafton County Probate Court Decided February 27, 1976 1. The plaintiff’s contentions having been decided adversely to him in In re Sargent, ante at 77, the State may recover from him the expenses for board and care furnished to him at […]

579 A.2d 804 JACQUELINE CUTTER AND RICHARD CUTTER v. MAINE BONDING CASUALTY COMPANY No. 89-117Supreme Court of New Hampshire Merrimack Decided August 27, 1990 1. Insurance — Construction of Contracts — Ambiguity Whether insurance policy covers plaintiff turns on reading of entire policy, and ambiguity will be construed in favor of the insured. 2. Insurance […]

378 A.2d 1143 MURIEL McCRADY v. JOHN E. MAHON No. 7712Supreme Court of New Hampshire Rockingham Decided October 17, 1977 1. Appeal and Error — Questions Considered on Appeal — Errors of Law In absence of findings or rulings being requested or made, and in absence of trial transcript in proceedings for contempt and to […]

177 A.2d 400 ELLIS R. SPAULDING a. v. WALTER CLARK, JR. a. No. 5001.Supreme Court of New Hampshire Sullivan.Argued December 5, 1961. Decided January 29, 1962. 1. In the construction of a provision in a deed reserving a right of way across the premises conveyed it is the duty of the Court to place itself […]

379 A.2d 1266 TRIMOUNT BITUMINOUS PRODUCTS CO. v. CHITTENDEN TRUST COMPANY AND MUNSON EARTH MOVING CORP. No. 7805Supreme Court of New Hampshire Belknap Decided November 16, 1977 1. Contracts — Parol Agreements — Binding A binding contract arises from parol agreement unless parties did not intend to be bound until agreement was reduced to writing. […]

35 A.2d 230 THOMAS W. POWER, Adm’r of the estate of John Thomas Power v. WAYNE M. PLUMMER, Ancillary Adm’r of the estate of B. Frank Stodd. THOMAS W. POWER, Adm’r of the estate of Robert Stodd v. SAME. THOMAS W. POWER, Adm’r of the estate of Sophie Stodd v. SAME. THOMAS W. POWER, Adm’r […]

639 A.2d 270 JAMES AND CAROL CANNON v. MAINE BONDING CASUALTY COMPANY MAINE BONDING CASUALTY COMPANY v. UNIVERSAL UNDERWRITERS GROUP No. 93-115Supreme Court of New Hampshire Hillsborough-northern judicial district Decided March 25, 1994 Insurance — Parties; Rights and Duties — Liability of Insurer Where plaintiff’s attacker brought his employer’s car to a stop and left […]

23 A.2d 876 LEAH SIROIS v. AMEDEE SIROIS. No. 3274.Supreme Court of New Hampshire Hillsborough. Decided January 6, 1942. Extreme cruelty may consist in a drunken husband’s forced sexual relations, causing great pain and bringing the wife to the verge of a nervous breakdown. PETITION, for legal separation, On the ground of extreme cruelty. To […]

344 A.2d 1 ESTATE OF ALICE BETTERS HARVILLE No. 7042Supreme Court of New Hampshire Belknap County Probate Court Decided August 29, 1975 1. Statutory language expressly conditioning imposition of old-age assistance liens on the coresidency of the spouses indicates that a present, on-going relationship must exist between the recipient and the recipient’s spouse if the […]

10 A.2d 232 STATE v. MORRIS LIPTZER. No. 3110.Supreme Court of New Hampshire Strafford. Decided December 5, 1939. A complaint charging the making of a lottery in violation of P. L., c. 384, ss. 1, 4, 5 was quashed for failure to allege either the nature of the merchandise which might be acquired or the […]

10 A.2d 239 EDWARD P. DALEY, a., Ap’ts v. JUDGE OF PROBATE. No. 3128.Supreme Court of New Hampshire Strafford. Decided December 5, 1939. The executor has the burden of establishing by a preponderance of evidence that the instrument offered for probate is a valid will. Where on the issue of devisavit vel non evidence of […]

220 A.2d 745 IN RE CHARLENE SABOLEVSKI. No. 5469.Supreme Court of New Hampshire Cheshire.Argued May 3, 1966. Decided June 30, 1966. 1. A petition by the parents of a minor child for the appointment of a guardian for such child which contained a request for approval in advance of an accounting arrangement whereby the guardian […]

728 A.2d 817 THE STATE OF NEW HAMPSHIRE v. MICHAEL DAHOOD No. 97-054Supreme Court of New Hampshire Concord District Court Decided April 8, 1999 1. Evidence — Expert Testimony — Methodology Toxicology expert’s calculation of DUI defendant’s blood alcohol concentration was not sufficiently complex to constitute novel scientific evidence subject to independent review. 2. Evidence […]

506 A.2d 339 THE STATE OF NEW HAMPSHIRE v. GEORGE LACOURSE No. 85-125Supreme Court of New Hampshire Hillsborough Decided March 3, 1986 1. Sexual Assault — Evidence — Exculpatory At sexual assault trial, it was error for court to deny access to or an examination of diary of complainant for potentially exculpatory evidence. 2. Depositions […]

451 A.2d 374 SHEILA A. PROVENCAL v. ARTHUR C. PROVENCAL No. 81-316Supreme Court of New Hampshire Rockingham Decided September 8, 1982 1. Appeal and Error — Preservation of Questions — Failure To Present Below Supreme court would not consider the merits of former wife’s claim that she had a right to question the guardian ad […]

402 A.2d 184 ARMAND ENGINEERING COMPANY INC. v. ADRIEN A. LABRIE, INC. No. 79-008Supreme Court of New Hampshire Hillsborough Decided May 23, 1979 Judgments — Foreign Judgments — Full Faith and Credit Where contract dispute was, by agreement, submitted to arbitration in Massachusetts and Massachusetts court denied defendant’s motion to dismiss jurisdiction, and entered a […]

639 A.2d 254 ERIN P. GOULD v. DIRECTOR, NEW HAMPSHIRE DIVISION OF MOTOR VEHICLES No. 92-771Supreme Court of New Hampshire Merrimack Decided March 22, 1994 Costs — Recovery of costs and Attorney Fees — Particular Cases Trial court erred as a matter of law in awarding attorney’s fees against governmental employer of an official acting […]

246 A.2d 695 FRANK DiPIETRO a. v. NASHUA a. No. 5757.Supreme Court of New Hampshire Hillsborough.Argued September 5, 1968. Decided October 1, 1968. 1. In an appeal from the decision of a board of adjustment the failure of the appellant to have previously filed a motion for rehearing which satisfies the statutory requirement (RSA 31:74, […]

427 A.2d 37 ELEANOR GALLAGHER a. v. TOWN OF WINDHAM a. No. 80-103Supreme Court of New Hampshire Rockingham Decided March 11, 1981 1. Records — Inspection — Right-To-Know Law Where town resident asked town building inspector for plans for proposed industrial park, the latter said the chairman of the planning board had them out for […]

761 A.2d 395 YYY CORPORATION v. RICHARD AND EVERETTE GAZDA No. 98-077Supreme Court of New Hampshire Hillsborough Decided April 7, 2000 1. Commercial Paper — Construction — Particular Cases Reform agreement did not contain an “unconditional promise” to pay and did not contain any language making it payable “to order or to bearer,” and thus […]

630 A.2d 780 BRUCE E. ALLEN a. v. SENTRY INSURANCE, A MUTUAL COMPANY a. No. 92-331Supreme Court of New Hampshire Rockingham Decided August 31, 1993 1. Insurance — Policies — Construction Interpretation of insurance policy language is ultimately a question of law; language is construed as a reasonable person in the position of the insured […]

37 A.2d 788 BEATRICE M. STANDISH v. ELIZABETH MOLDAWAN. No. 3480.Supreme Court of New Hampshire Rockingham. Decided June 6, 1944. Distress for the recovery of rent is not a part of our common law. A landlord’s right to detain the household furniture of his tenant for the payment of rent in arrears is limited by […]

265 A.2d 15 MARGARET K. HUNTER v. R. G. WATKINS SON, INC. EDGAR H. HUNTER and MARGARET K. HUNTER v. SAME HARTWELL B. ABBOTT, Ex’r ESTATE OF CHESTER D. ABBOTT v. SAME MARGARET G. HUNTER, p.p.a. EDGAR H. HUNTER v. SAME EDGAR H. HUNTER v. SAME HARTWELL B. ABBOTT, Ex’r ESTATE OF GRACE B. ABBOTT […]

42 A.2d 693 MERCHANTS NATIONAL BANK OF MANCHESTER, Trustee v. HENRY F. BERRY a. No. 3535.Supreme Court of New Hampshire Hillsborough. Decided June 5, 1945. In a petition for instructions under a will, only the rights of the parties as they are presently entitled to have them enforced, will be considered by the Court. Partial […]

282 A.2d 678 LANDAFF SCHOOL DISTRICT v. STATE BOARD OF EDUCATION. No. 6199.Supreme Court of New Hampshire Original. Decided October 5, 1971. 1. In general, findings of administrative bodies are not reviewable by courts, unless an appeal is provided by statute. 2. A writ of certiorari lies to determine whether as a matter of law […]

772 A.2d 891 IN THE MATTER OF ANDREW M. HUNT AND BEATRICE M. HUNT. No. 99-140.Supreme Court of New Hampshire Rockingham. Decided February 21, 2001. 1. Parent and Child — Custody — Modification of Order To survive a motion to dismiss, party seeking modification of legal custody must allege a material change in circumstances since […]

257 A.2d 26 WOODLAND SHORES ASSOCIATION v. WILLIAM W. KELLAR a. No. 5966.Supreme Court of New Hampshire Belknap.Argued September 3, 1969. Decided September 30, 1969. 1. The exercise of the statutory right to make an attachment to secure the performance of any decree or order that may be made in equity proceedings (RSA 498:16) is […]

769 A.2d 351 THE STATE OF NEW HAMPSHIRE v. JOSHUA BUDGETT No. 99-028Supreme Court of New Hampshire Rockingham March 16, 2001 1. Criminal Law — Judgment and Sentence — Generally In accordance with due process, the sentencing order must clearly communicate to defendant the exact nature of the sentence. N.H. CONST. pt. I. art. 15. […]

781 A.2d 988 PETITION OF STATE OF NEW HAMPSHIRE (BOWMAN SEARCH WARRANTS) No. 2001-251Supreme Court of New Hampshire Keene District Court Decided July 16, 2001 1. Courts — Courts Administration — Records The public right of access to court records is not absolute and may be overcome when a sufficiently compelling interest for nondisclosure is […]

708 A.2d 55 THE STATE OF NEW HAMPSHIRE v. MICHAEL E. WILLIAMS No. 95-816Supreme Court of New Hampshire Rockingham Decided March 18, 1998 1. Appeal and Error — Harmless Error — Criminal Cases In a prosecution for driving while intoxicated, admission of items seized was cumulative and therefore harmless beyond a reasonable doubt where the […]

105 A.2d 48 WILLARD G. HILTZ a. v. CHARLES GOULD. CHARLES A. GOULD d/b/a GOULD’S GARAGE v. WILLARD G. HILTZ a. No. 4303.Supreme Court of New Hampshire Grafton.Argued April 7, 1954. Decided May 19, 1954. Where it could be found on the evidence in a trover action that certain labor and materials were expended by […]

61 A.2d 791 ELAINE CHABOT v. OTIS SHINER. No. 3741.Supreme Court of New Hampshire Hillsborough. Decided November 3, 1948. Reformation of a deed was properly granted where the evidence supported the finding that the deed failed to express the intention and understanding of the parties at the time of execution in that it failed to […]

612 A.2d 906 THE STATE OF NEW HAMPSHIRE v. DANIEL VANDEBOGART No. 90-411Supreme Court of New Hampshire Hillsborough Decided August 20, 1992 1. Constitutional Law — Right to Impartial Jury — Generally It is a fundamental precept of our system of justice that a defendant has the right to be tried by a fair and […]

639 A.2d 261 THE STATE OF NEW HAMPSHIRE v. SEAN CHRISTY No. 92-394Supreme Court of New Hampshire Cheshire Decided March 25, 1994 1. Arrest — Probable Cause — Informers Totality-of-the-circumstances test is applied under State Constitution for determining whether information from an informant supports a finding of probable cause. N.H. CONST. pt. I, art. 19. […]

179 A.2d 286, 180 A.2d 827 ALBERT LEVITT v. ATTORNEY GENERAL a. No. 5021.Supreme Court of New Hampshire Hillsborough.Argued February 7, 1962. Decided March 22, 1962. 1. Although as engrossed Laws 1961, 275:1 establishing a reapportionment of full and part-time representation in the House of Representatives upon the basis (s. 3) of “one representative from […]

437 A.2d 286 APPEAL OF WOOD FLOUR, INC. a. (New Hampshire Board of Taxation) No. 81-110Supreme Court of New Hampshire Board of Taxation Decided November 16, 1981 1. Taxation — Appraisal and Assessment — Reassessments The term “reassessment” employed in statute conferring upon State board of taxation jurisdiction to order reassessment of taxes is broadly […]

57 A.2d 618 STATE v. FRANCES BURLEY. No. 3713.Supreme Court of New Hampshire Strafford. Decided March 2, 1948. Evidence of the respondent’s consciousness of guilt, his identity, and an opportunity to commit the crime charged together with sufficient evidence of the basic facts necessary to establish that a crime was committed is sufficient to sustain […]

399 A.2d 976 THE STATE OF NEW HAMPSHIRE v. FRANCIS G. HOLLAND No. 78-289Supreme Court of New Hampshire Hillsborough Decided March 30, 1979 Costs — Criminal Proceedings Ten percent penalty charge added to twenty-dollar fine imposed upon defendant convicted of speeding, which was allocated for use by the police standards and training council, was constitutional […]

652 A.2d 144 APPEAL OF GEORGE GIELEN (New Hampshire Personnel Appeals Board) No. 93-158Supreme Court of New Hampshire Personnel Appeals Board December 30, 1994 1. Public Employees — Removal and Suspension — Procedure That the New Hampshire Board of Nursing allowed the petitioner time to take remedial action based on his falsification of a sick […]

444 A.2d 559 THERESA M. HEINZE v. PAUL E. HEINZE No. 81-212Supreme Court of New Hampshire Rockingham Decided April 7, 1982 1. Divorce — Custody and Support of Children — Discretion of Court The supreme court will not overturn an order for child support absent an abuse of discretion by the trial court. 2. Divorce […]

564 A.2d 454 ROBERT DAVANEY v. TOWN OF WINDHAM No. 88-167Supreme Court of New Hampshire Rockingham Decided October 9, 1989 1. Zoning — Nonconforming Uses — Particular Cases Trial court did not abuse its discretion in ordering plaintiff to “return his home to exterior dimensions” substantially comporting with zoning ordinance, where order only required plaintiff […]

556 A.2d 1095 OPINION OF THE JUSTICES. No. 89-050.Supreme Court of New Hampshire Request of the Senate. Decided March 10, 1989. 1. Taxation — Appraisal and Assessment — Value In context of valuing property for purposes of taxation, effect of regulation has been recognized as an obviously relevant, though not talismanic, factor bearing on valuation […]

62 A.2d 318 CHARLES E. PALMER v. EUGENE COULOMBE a. No. 3764.Supreme Court of New Hampshire Strafford. Decided November 3, 1948. An assessment of real estate is sufficiently definite which gives the acreage, location, and description by which the property may be readily identified. Page 267 So also, an assessment of property to the deceased […]

269 A.2d 634 DOROTHY LaBONTE v. NATIONAL GYPSUM COMPANY. WILLIAM A. LaBONTE v. SAME. No. 5952.Supreme Court of New Hampshire Rockingham. Decided June 30, 1970. 1. If there has been no determination by the Labor Commissioner, in a proceeding approximating the decisional process of courts, that an employee’s injury is compensable under the Workmen’s Compensation […]

846 A.2d 508 ERNEST M. CHERRY, JR. a. v. TOWN OF HAMPTON FALLS a. No. 2003-121.Supreme Court of New Hampshire RockinghamArgued: October 9, 2003. Reargued: March 10, 2004. Opinion Issued: April 16, 2004. 1. Zoning and Planning — Judicial Review — Standard of Review Trial court may not substitute its judgment for that of the […]

66 A.2d 702 ELLEN J. HOLMES a. v. CLEAR WEAVE HOSIERY STORES, INC. No. 3803.Supreme Court of New Hampshire Merrimack. Decided June 7, 1949. Where a business invitee in the course of purchasing merchandise from the defendant was invited into a back room of defendant’s store, in the furtherance of the sale to her, and […]

719 A.2d 584 APPEAL OF JAMES P. TROTZER, PH.D. (New Hampshire Board of Examiners of Psychology and Mental Health Practice) No. 96-799Supreme Court of New Hampshire Board of Examiners of Psychology and Mental Health Practice Decided October 5, 1998 1. Constitutional Law — Due Process — Property Rights Board certified psychologist employed as executive director […]

231 A.2d 638 FLEURY S. MARGESON v. THELMA R. LADD. No. 5615.Supreme Court of New Hampshire Rockingham.Argued May 3, 1967. Decided July 18, 1967. 1. A mandatory injunction requiring the defendant to restore to its original condition a supporting brick wall, into which the defendant installed a window, was held warranted where the evidence supported […]

95 A.2d 782 JAMES G. VAKALIS v. CHARLES SMART. No. 4198.Supreme Court of New Hampshire Strafford. Decided April 7, 1953. A request for findings is properly denied where it is rendered unnecessary by the findings expressly made and not so designed as to request that the facts be found within the meaning of R. L., […]