279 A.2d 599 CHARLES D. PARKER v. J. W. SIMONEAU AND SONS REALTY CORPORATION. No. 6155.Supreme Court of New Hampshire Hillsborough. Decided June 30, 1971. 1. In an action for the recovery of damages for injuries sustained when plaintiff fell over a railing on the third floor into the stairwell of defendant’s rooming house shortly […]
Category: New Hampshire Court Opinions
MORIN v. CHAMPLIN, 93 N.H. 422 (1945)
43 A.2d 772 HENRY L. MORIN v. WILLIAM H. CHAMPLIN. No. 3532.Supreme Court of New Hampshire Strafford. Decided June 28, 1945. A nonsuit or directed verdict should not be ordered for a master where the evidence disclosed that due to a defective replaner furnished by him, a servant operator suffered injury when a board which […]
ROGERS v. SCAGLIOTTI, 96 N.H. 134 (1950)
71 A.2d 407 GEORGE T. ROGERS v. MARY FRANCES BARRY SCAGLIOTTI a. No. 3891.Supreme Court of New Hampshire Strafford, Decided February 7, 1950. Former decisions upon the construction of wills have no binding force in a given case unless the language of the will and the circumstances are so far identical as not to admit […]
DAVIS v. RICHARDSON, 62 N.H. 272 (1882)
DAVIS v. RICHARDSON. Supreme Court of New Hampshire Grafton. Decided June, 1882. The reasonable compensation to referees to be paid by the county under c. 94, Laws of 1881, does not include the fees and expenses of postponements and delays occasioned by the parties. SUIT, entered at September term 1881, and referred by consent. Report […]
ROWELL v. ROWELL, 63 N.H. 222 (1884)
ROWELL v. ROWELL. Supreme Court of New Hampshire Coos. Decided June, 1884. The court has not authority to order an allowance for the support of the wife during the pendency of a libel for divorce against her by the husband. LIBEL FOR DIVORCE. Motion for the libellee for an allowance to be paid by the […]
NORTHERN N.H. MENTAL HEALTH v. CANNELL, 134 N.H. 519 (1991)
593 A.2d 1161 NORTHERN NEW HAMPSHIRE MENTAL HEALTH AND DEVELOPMENTAL SERVICES, INC. v. JOHN R. CANNELL No. 90-463Supreme Court of New Hampshire Carroll Decided July 26, 1991 1. Property — Joint Ownership — Partition The power of compelling partition is incident to all estates held as tenants-in-common but as a matter of right is subject […]
LUMBERMENS CASUALTY CO. v. STAMELL CONSTR. CO., 105 N.H. 28 (1963)
192 A.2d 616 LUMBERMENS MUTUAL CASUALTY COMPANY v. STAMELL CONSTRUCTION CO. a. No. 5109.Supreme Court of New Hampshire Hillsborough.Argued June 4, 1963. Decided July 9, 1963. 1. Notice of an accident involving an employee of a subcontractor given by an insured general contractor to an insurance broker was not “notice . . . to the […]
PAGE v. GARD, 109 N.H. 494 (1969)
256 A.2d 503 HENRY v. PAGE v. BRUCE M. GARD. No. 5844.Supreme Court of New Hampshire Laconia District Court.Argued November 7, 1968. Decided July 30, 1969. 1. The last clear chance doctrine applies only where (1) the one to be charged with liability was actually aware of the other’s presence; (2) that he was actually […]
STATE v. RAILROAD, 62 N.H. 375 (1882)
STATE v. CONCORD RAILROAD a. Supreme Court of New Hampshire Merrimack. Decided December, 1882. Corporate power to build and operate a railroad does not include incidental authority to assume a share of all the accidental losses happening in the through business of a connecting road. COMPLAINT, of John H. Pearson, E. S. Nutter, and Charles […]
LYNCH v. BISSELL, 99 N.H. 473 (1955)
116 A.2d 121 JAMES P. LYNCH v. IDA T. BISSELL and CARL O. W. JOHNSON. MARY E. LYNCH v. SAME. IDA T. BISSELL v. CARL O. W. JOHNSON. SHERMAN BISSELL v. SAME. No. 4406.Supreme Court of New Hampshire Rockingham.Argued June 8, 1955. Decided June 30, 1955. The consolidation for trial of law actions for damages […]
FLAHERTY v. DIXEY, 158 N.H. 385 (2009)
JEAN I. FLAHERTY v. DAVID E. DIXEY a. No. 2008-551.Supreme Court of New Hampshire. Carroll.Argued: January 15, 2009. Opinion Issued: February 19, 2009. 1. Appeal and Error — Evidence — Particular Cases Because only evidence and documents presented to the trial court are considered on appeal, the supreme court granted defendant’s motion to strike a […]
DALEY v. JUDGE OF PROBATE, 90 N.H. 381 (1939)
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 […]
IN RE SABOLEVSKI, 107 N.H. 256 (1966)
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 […]
STATE v. DAHOOD, 143 N.H. 471 (1999)
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 […]
CHICKERING v. THOMPSON, 76 N.H. 311 (1912)
82 A. 839 CHICKERING v. THOMPSON. Supreme Court of New Hampshire Hillsborough. Decided February 6, 1912. Where a stake is maintained by a licensee on land of the licensor in such manner as to constitute an unreasonable interference with an adjacent highway, the owner of the premises is not liable to a traveler who is […]
STATE v. LACOURSE, 127 N.H. 737 (1986)
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 […]
PROVENCAL v. PROVENCAL, 122 N.H. 793 (1982)
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 […]
ARMAND ENG’R CO. v. ADRIEN A. LABRIE, INC., 119 N.H. 408 (1979)
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 […]
SOCIETY v. PELHAM, 58 N.H. 566 (1879)
FIRST CONGREGATIONAL SOCIETY v. PELHAM. Supreme Court of New Hampshire Hillsborough. Decided March, 1879. A bequest to A upon a condition subsequent, to be performed by him, and, upon his default, to B, vests a contingent interest in the legacy in B, and A’s right to it becomes forfeited by his refusal to perform the […]
DANIELS v. LONDONDERRY, 157 N.H. 519 (2008)
RYDER DANIELS a. v. TOWN OF LONDONDERRY a. No. 2008-047.Supreme Court of New Hampshire. Rockingham.Argued: June 18, 2008. Opinion Issued: July 15, 2008. 1. Telecommunications — Regulation and Control— Local Regulation, Generally The Telecommunications Act of 1996 (TCA) was enacted to expand the availability of wireless telecommunications services and to increase competition in the wireless […]
STATE v. SAUNDERS, 66 N.H. 39 (1889)
25 A. 588 STATE (ex rel. Rhodes a.) v. SAUNDERS. Supreme Court of New Hampshire Hillsborough. Decided December, 1889. In a proceeding under c. 77, Laws of 1887, for an injunction against an alleged liquor nuisance, the defendant is not entitled to a jury trial as matter of constitutional right; but, the only question being […]
GOULD v. DIRECTOR, N.H. DIV. OF MOTOR VEHICLES, 138 N.H. 343 (1994)
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 […]
FOSTER v. FOSTER, 89 N.H. 376 (1938)
199 A. 367 WALTER H. FOSTER, a. v. ELIZABETH TAYLOR FOSTER. Supreme Court of New Hampshire Hillsborough. Decided May 3, 1938. The law governing the right to a decree of nullity of marriage is the law which determined the validity of the marriage with respect to the matter on account of which the marriage is […]
HUNT v. COGGIN, 66 N.H. 140 (1889)
20 A. 250 HUNT a. v. COGGIN. Supreme Court of New Hampshire Hillsborough. Decided December, 1889. In an action upon c. 91, Laws of 1887, the plaintiff must show that a purpose to annoy him was the defendant’s controlling motive in maintaining the structure. CASE, upon c. 91, Laws of 1887, for maintaining a structure […]
DiPIETRO v. NASHUA, 109 N.H. 174 (1968)
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, […]
GALLAGHER v. TOWN OF WINDHAM, 121 N.H. 156 (1981)
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 […]
WOODBURY v. SWAN, 58 N.H. 380 (1878)
WOODBURY v. SWAN and WEBSTER. Supreme Court of New Hampshire Rockingham. Decided August, 1878. Where land is conveyed in terms subject to a mortgage, the grantee does not undertake or become bound, by the mere acceptance of the deed, to pay the mortgage debt. Page 381 The satisfaction of a judgment for a mortgage debt, […]
PRESTON v. CUTTER, 64 N.H. 461 (1887)
13 A. 874 PRESTON v. CUTTER, Ex’r, a. PRESTON, Adm’r, v. CUTTER, Ex’r, Ap’t. PRESTON, Adm’r, v. MUNROE a., Ap’t. CUTTER, Ex’r, Ap’t, v. PRESTON. Supreme Court of New Hampshire Hillsborough. Decided December, 1887. An indorsement of a promissory note belonging to a bank, made by the cashier, to himself, is voidable only, and operates […]
PICHOWICZ v. WATSON INS. AGENCY, 146 N.H. 166 (2001)
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 […]
WENTWORTH-DOUGLASS HOSP. v. N.H. DEPT. OF HEALTH, 131 N.H. 364 (1988)
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 […]
SPOFFORD v. SMITH, 55 N.H. 228 (1875)
SPOFFORD v. SMITH. Supreme Court of New Hampshire Merrimack. Decided March 13, 1875 In proceedings relating to divorce and alimony, a motion to dismiss takes the place of a demurrer, and therefore cannot, after it has been denied, be followed by such demurrer. In the October trial term of the supreme judicial court, 1873, the […]
ROBINSON v. FIMBEL DOOR CO., 113 N.H. 348 (1973)
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 […]
IN RE ROBB, 116 N.H. 134 (1976)
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 […]
CUTTER v. MAINE BONDING CAS. CO., 133 N.H. 569 (1990)
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 […]
McCRADY v. MAHON, 117 N.H. 762 (1977)
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 […]
SPAULDING v. CLARK, 104 N.H. 30 (1962)
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 […]
ST. PIERRE v. FOSTER, 75 N.H. 10 (1908)
70 A. 289 ST. PIERRE v. FOSTER. a. Supreme Court of New Hampshire Hillsborough. Decided June 2, 1908. The fact that a party against whom judgment has been rendered has, without fault, lost the right to try a material issue, and that the issue, if tried, will probably be decided in his favor, authorizes the […]
BLAISDELL v. PEAVEY, 79 N.H. 243 (1919)
108 A. 134 HARRY F. BLAISDELL, adm’r, a. v. CYNTHIA PEAVEY. Supreme Court of New Hampshire Strafford. Decided June 3, 1919. It is illegal for the administrator of an insolvent estate to prefer certain of the creditors, nor can any creditor obtain a preference by reducing his claim to judgment and levying on the goods […]
TRIMOUNT BITUMINOUS PRODS. CO. v. CHITTENDEN TRUST, 117 N.H. 946 (1977)
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. […]
LOMBARD v. COMPANY, 78 N.H. 110 (1916)
97 A. 892 SADIE J. LOMBARD, Adm’x v. MAGUIRE-PENNIMAN COMPANY Tr. Supreme Court of New Hampshire Strafford. Decided February 1, 1916. An insurer against liability for negligence who undertakes the defense of an action against his assured, cannot thereafter be discharged except by payment of the indemnity to the assured or by securing his discharge […]
POWER v. PLUMMER, 93 N.H. 37 (1943)
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 […]
CANNON v. MAINE BONDING CAS. CO., 138 N.H. 365 (1994)
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 […]
SIROIS v. SIROIS, 92 N.H. 27 (1942)
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 […]
RAILROAD v. PARSONS, 66 N.H. 181 (1889)
19 A. 10 UPPER COOS RAILROAD v. PARSONS. Supreme Court of New Hampshire Coos. Decided December, 1889. A railroad corporation may abandon their appeal from an award of land damages by the commissioners, and thereupon judgment will be entered for the amount of the award, with interest and costs. APPEAL, by the plaintiffs from an […]
ESTATE OF HARVILLE, 115 N.H. 480 (1975)
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 […]
McINTIRE v. PARKS, 59 N.H. 258 (1879)
McINTIRE v. PARKS a. Supreme Court of New Hampshire Coos. Decided June, 1879. If a mortgagee of the north half of a lot of land, with notice that it is equitably chargeable with and of sufficient value for the payment of a prior mortgage upon the whole lot, becomes the purchaser of such prior mortgage, […]
ORR ROLFE CO. v. MERRILL, 78 N.H. 175 (1916)
98 A. 303 ORR ROLFE COMPANY v. ARTHUR K. MERRILL a. Supreme Court of New Hampshire Merrimack. Decided May 2, 1916. A married woman is liable, under P. S., c. 176, s. 2, on a contract made by herself and her husband for the purchase of goods for a partnership of which both are members. […]
GREELEY v. SAVINGS BANK, 63 N.H. 145 (1884)
GREELEY v. NASHUA SAVINGS BANK. Supreme Court of New Hampshire Hillsborough. Decided June, 1884. A savings-bank is not estopped to claim that it was not authorized by its charter to receive for safe keeping U.S. bonds delivered to a clerk of its treasurer, when neither the bonds nor their avails have come to its possession. […]
STATE v. LIPTZER, 90 N.H. 395 (1939)
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 […]
CHEEVER v. ROBERTS, 82 N.H. 289 (1926)
133 A. 22 DAVID CHEEVER v. DIXIE G. ROBERTS. Supreme Court of New Hampshire Belknap. Decided April 6, 1926. The weakness of the paper title of one in possession of land does not entitle another to a verdict on a writ of entry unless he shows in himself a better right of possession. One who […]
IN RE GUARDIANSHIP OF DOMEY, 157 N.H. 775 (2008)
IN RE GUARDIANSHIP OF DONALD A. DOMEY. No. 2007-786.Supreme Court of New Hampshire. Hillsborough County Probate Court.Argued: June 26, 2008. Opinion Issued: October 29, 2008. 1. Guardianship — Duties and Liabilities ofGuardians — Generally Under the plain language of the guardianship statute, its primary objective is to protect the well-being of the ward. The primary […]
BROWN v. HEATH, 78 N.H. 180 (1916)
97 A. 744 REUBEN B. BROWN v. DAVID F. HEATH. Supreme Court of New Hampshire Hillsborough. Decided May 2, 1916. Where a tender has been made and the money paid into court and received by the plaintiff under a mistake as to the terms of the tender, justice requires that the money be returned to […]
HILTZ v. GOULD, 99 N.H. 85 (1954)
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 […]
CHABOT v. SHINER, 95 N.H. 252 (1948)
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 […]
STATE v. VANDEBOGART, 136 N.H. 107 (1992)
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 […]
MARDEN v. MILLING CO., 70 N.H. 269 (1900)
48 A. 282 MARDEN, Trustee, v. PORTSMOUTH MILLING CO. a. Supreme Court of New Hampshire Rockingham. Decided June, 1900. A bill in equity which alleges with legal certainty a grievance entitling the plaintiff to relief is not demurrable on the ground that the particular facts constituting the wrong complained of are not minutely stated. A […]
STATE v. CHRISTY, 138 N.H. 352 (1993)
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. […]
BARBER v. COMPANY, 79 N.H. 311 (1919)
108 A. 690 DANIEL E. BARBER, by his next friend, MARY BARBER v. GEORGE R. JONES SHOE CO. Supreme Court of New Hampshire Hillsborough. Decided December 2, 1919. A servant, while waiting for work, temporarily left his machine and, while engaged in conversation with another servant in the same room and nearby, was injured by […]
LEVITT v. ATTORNEY GENERAL, 104 N.H. 100 (1962)
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 […]
APPEAL OF WOOD FLOUR, INC., 121 N.H. 991 (1981)
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 […]
STATE v. BURLEY, 95 N.H. 77 (1948)
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 […]
STATE v. ZIDEL, 156 N.H. 684 (2008)
THE STATE OF NEW HAMPSHIRE v. MARSHALL ZIDEL. No. 2006-549.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: June 20, 2007. Opinion Issued: January 18, 2008. 1. Offenses — Sexual Offenses — Statutes The purpose of the statute stating offenses under the child pornography law is to prevent harm to children resulting from their “use as […]
STATE v. HOLLAND, 119 N.H. 200 (1979)
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 […]
LOCKE v. PAYNE, 81 N.H. 266 (1924)
124 A. 668 STELLA LOCKE, Adm’x, v. JOHN BARTON PAYNE, Director-General. Supreme Court of New Hampshire Rockingham. Decided April 1, 1924. The owner of premises is not bound to maintain them in a safe condition as respects a licensee, but merely to give reasonable information as to existing conditions, not open to his observation, and […]
APPEAL OF GIELEN, 139 N.H. 283 (1994)
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 […]
HEINZE v. HEINZE, 122 N.H. 358 (1982)
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 […]
DEVANEY v. TOWN OF WINDHAM, 132 N.H. 302 (1989)
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 […]
CRAM v. LACONIA, 71 N.H. 41 (1901)
51 A. 635 CRAM v. LACONIA. Supreme Court of New Hampshire Belknap. Decided September 6, 1901. Damages sustained by any person by the discontinuance of a highway may be assessed against a town only when they are such as are not common to the public, but special and peculiar, and directly result from the discontinuance. […]
IN THE MATTER OF AUBE AUBE, 158 N.H. 459 (2009)
IN THE MATTER OF MONIQUE D. AUBE AND RAYMOND N. AUBE. No. 2008-130.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: October 16, 2008. Opinion Issued: April 3, 2009. 1. Divorce — Division of Property — Valuation While a trial court has the inherent discretion to take the time value of money into account when equitably […]
YYY CORPORATION v. GAZDA, 145 N.H. 53 (2000)
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 […]
ALLEN v. SENTRY INSURANCE, 137 N.H. 579 (1993)
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 […]
STANDISH v. MOLDAWAN, 93 N.H. 204 (1944)
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 […]
HUNTER v. R. G. WATKINS SON, INC., 110 N.H. 243 (1970)
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 […]
PETITION OF GEORGE, 160 N.H. 699 (2010)
PETITION OF JULI GEORGE. No. 2010-024.Supreme Court of New Hampshire. Original.Argued: June 28, 2010. Opinion Issued: September 17, 2010. 1. Physicians and Surgeons — MalpracticeParticular Cases Because plaintiff could not recover on her claim against a substance abuse treatment facility unless she proved that it was negligent in its treatment of a client who was […]
MERCHANTS c. BANK v. BERRY, 93 N.H. 388 (1945)
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 […]
LAPELLE v. PAPER CO., 71 N.H. 346 (1902)
51 A. 1068 LAPELLE v. INTERNATIONAL PAPER CO. Supreme Court of New Hampshire Coos. Decided April 1, 1902. In an action for negligence against an employer, certain evidence deemed sufficient to warrant a submission to the jury of the question whether the injuries complained of resulted from the defendants’ failure to give necessary instruction and […]
BOSTON MAINE R. R. v. PORTSMOUTH, 80 N.H. 7 (1921)
112 A. 394 BOSTON MAINE RAILROAD v. PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided January 4, 1921. An electric power plant owned by a railroad and used for the operation of its street railway is not real estate used in its ordinary business within the meaning of Laws 1911, c. 169, s. 24, and […]
DEARBORN v. NELSON, 61 N.H. 249 (1881)
DEARBORN v. NELSON, Adm’r. Supreme Court of New Hampshire Merrimack. Decided December, 1881. The assignee of a non-negotiable right of action takes it subject to the legal defences, including set-off, that exist at the time of the assignment. The foreclosure of a mortgage operated as payment of the mortgage debt to the value of the […]
LANDAFF SCHOOL DIST. v. STATE BD. OF EDUC., 111 N.H. 317 (1971)
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 […]
IN THE MATTER OF HUNT AND HUNT, 146 N.H. 65 (2001)
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 […]
NEBONNE v. RAILROAD, 68 N.H. 296 (1895)
44 A. 521 NEBONNE v. CONCORD RAILROAD. Supreme Court of New Hampshire Merrimack. Decided June, 1895. In an action for personal injuries, the exhibition to the jury of some of the plaintiff’s toes which had been amputated in consequence of the accident may be competent evidence. A physician may properly be allowed to testify that […]
YEATON v. RAILROAD, 73 N.H. 285 (1905)
61 A. 522 YEATON, Adm’x v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided June 6, 1905. The fact that a highway traveler negligently drove upon a grade crossing in front of an approaching train does not as a matter of law preclude a recovery for injuries resulting to him from the collision, […]
WOODLAND SHORES ASS’N v. KELLAR, 109 N.H. 538 (1969)
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 […]
LAMARCHE v. LAMARCHE, 87 N.H. 454 (1936)
182 A. 549 WILLIAM D. LAMARCHE, JR. v. DOMINA LAMARCHE, a. Supreme Court of New Hampshire Hillsborough. Decided January 7, 1936. In an action by a servant against his master for damages received in the handling of sulphuric acid certain evidence was properly submitted to the jury to determine the extent of the servant’s knowledge […]
STATE v. BUDGETT, 146 N.H. 135 (2001)
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. […]
WENTWORTH v. REED, 77 N.H. 595 (1914)
90 A. 791 CHARLES S. WENTWORTH CO. v. EDGAR M. REED. Supreme Court of New Hampshire Merrimack. Decided May 5, 1914. WRIT OF ENTRY, to foreclose a mortgage. The defendant pleaded nul disseizin with a brief statement of defence and filed a further answer in the nature of a bill in equity, joining Wentworth Co. […]
CLAIR v. MANCHESTER, 72 N.H. 231 (1903)
55 A. 935 CLAIR v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided June 30, 1903. The legislative enactment creating a board of street and park commissioners for the city of Manchester does not operate to relieve that municipality from liability for injuries to private rights occasioned by the inadequacy of a highway culvert constructed […]
IN RE BOWMAN SEARCH WARRANTS, 146 N.H. 621 (2001)
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 […]
STATE v. WILLIAMS, 142 N.H. 662 (1998)
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 […]
CONE v. CONE, 58 N.H. 152 (1877)
CONE v. CONE. Supreme Court of New Hampshire Carroll. Decided August, 1877. Actual imprisonment in the state prison under a sentence for more than a year is a cause of divorce, not suspended by a bill of exceptions on which the conviction may be reversed. LIBEL, for divorce. The cause alleged and proved was the […]
COMPANY v. RAILROAD, 62 N.H. 159 (1882)
NASHUA IRON AND STEEL CO. v. WORCESTER NASHUA RAILROAD CO. Supreme Court of New Hampshire Hillsborough. Decided June, 1882. A plaintiff who by reason of his and the defendant’s negligence has been compelled to pay damages to another may recover indemnity, although but for his own negligence the injury would not have happened, if at […]
WURM v. REILLY, 102 N.H. 558 (1960)
163 A.2d 13 WARREN N.P. WURM a. v. JOHN J. REILLY, INC. a. No. 4858.Supreme Court of New Hampshire Hillsborough.Argued June 21, 1960. Decided July 19, 1960. 1. Since an auction sale of real property on execution contemplates a sale for cash, in the absence of an agreement upon terms other than cash, a sale […]
UCIETOWSKI v. NOVAK, 102 N.H. 140 (1959)
152 A.2d 614 FRANK UCIETOWSKI a. v. FRANCES NOVAK. No. 4723.Supreme Court of New Hampshire Sullivan.Argued June 2, 1959. Decided June 30, 1959. 1. Where the defendant claimed the right to use by adverse possession a certain strip of plaintiffs’ land located on the latter’s side of a granted common right of way between the […]
BURLEY v. KENNETH HUDSON, INC., 122 N.H. 560 (1982)
448 A.2d 375 ROBERT BURLEY v. KENNETH HUDSON, INC. d/b/a HUDSON BUS LINES a. No. 81-145Supreme Court of New Hampshire Hillsborough Decided July 2, 1982 1. Pleading — Amendment — Discretion of Trial Court Pleadings may be amended liberally within the discretion of the trial court. 2. Pleading — Amendment — Amendment of Theory of […]
ALLSTATE INS. CO. v. CROUCH, 140 N.H. 329 (1995)
666 A.2d 964 ALLSTATE INSURANCE COMPANY v. ROBERT CROUCH a. No. 94-203Supreme Court of New Hampshire Strafford Decided October 27, 1995 1. Insurance — Policies — Exclusionary Clauses Although insured contended that because on day in question insured performed automotive repair work gratuitously, business pursuits exclusion was inapplicable, for exclusion purposes, focus is on business […]
FITCH v. NUTE, 62 N.H. 700 (1883)
FITCH v. NUTE a. Supreme Court of New Hampshire Merrimack. Decided June, 1883. Gould Martin, for the plaintiff. Leach Stevens, for the defendants. ASSUMPSIT. The objection to the maintenance of the action was, that it was brought in the name of the wrong party. Without deciding the question raised, it was held that the writ […]
SLOANE v. COMPANY, 83 N.H. 583 (1929)
145 A. 670 SCOTT SLOANE, Ex’r, v. PEOPLE’S TRUST COMPANY a. Supreme Court of New Hampshire Grafton. Decided April 2, 1929. A bill to follow trust funds is properly dismissed where there is no evidence to show that the fund claimed to have been held in trust has come into the defendant’s possession or entered […]
STATE FARM MUT. AUTO. INS. v. WHALAND, 121 N.H. 400 (1981)
430 A.2d 174 STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. FRANCIS E. WHALAND No. 80-233Supreme Court of New Hampshire Merrimack Decided May 11, 1981 1. Insurance — Insurance Commissioner — Orders An order of the insurance commissioner is presumed to be prima facie lawful and reasonable and will be overturned only when a plaintiff shows […]
GETTLER-RYAN, INC. v. KASHULINES, 130 N.H. 15 (1987)
534 A.2d 376 GETTLER-RYAN, INC. v. PETER T. KASHULINES, JR., AND BIG 3 CORPORATION GETTLER-RYAN, INC. v. PETER T. KASHULINES, SR., AND BIG 3 CORPORATION No. 86-394, No. 86-396Supreme Court of New Hampshire Salem District Court Nashua District Court Decided October 15, 1987 1. Courts — Jurisdiction — Jurisdiction of Subject Matter The judgment of […]
SOU. N.H. MED. CEN. v. ANTHONY HAYES, 159 N.H. 711 (2010)
SOUTHERN NEW HAMPSHIRE MEDICAL CENTER v. ANTHONY HAYES. No. 2008-844.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: October 8, 2009. Opinion Issued: February 11, 2010. 1. Judgments — Summary Judgment — Particular Cases Defendant failed to allege that there were any disputed issues of material fact or that plaintiff was not entitled to judgment as […]