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 […]
Category: New Hampshire Court Opinions
HOLMES v. STORES, 95 N.H. 478 (1949)
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 […]
APPEAL OF TROTZER, 143 N.H. 64 (1998)
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 […]
MARGESON v. LADD, 108 N.H. 233 (1967)
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 […]
VAKALIS v. SMART, 98 N.H. 156 (1953)
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., […]
PARKER v. MOORE, 59 N.H. 454 (1879)
PARKER a. v. MOORE. Supreme Court of New Hampshire Grafton. Decided December, 1879. The decision of a question of title between a mortgagee and his grantor, in favor of the former, does not bind another mortgagee of the same land, as a party, who was not a party of record in the proceeding. A mortgagee […]
SMITH v. ADAMS, 118 N.H. 48 (1978)
382 A.2d 362 CARL H. SMITH v. BENJAMIN C. ADAMS, COMMISSIONER, DEPARTMENT OF EMPLOYMENT SECURITY THE STATE OF NEW HAMPSHIRE AND CHICOPEE MANUFACTURING COMPANY (JOHNSON AND JOHNSON) No. 7854Supreme Court of New Hampshire Hillsborough Decided January 23, 1978 1. Unemployment Compensation — Evidence — Materiality In unemployment compensation appeal, where employer’s stated reason for discharging […]
SOLOMON v. CHESLEY, 59 N.H. 24 (1879)
SOLOMON v. CHESLEY a. Supreme Court of New Hampshire Rockingham. Decided June, 1879. In an action on a bond given to indemnify one against loss from an injunction granted under the 36th rule in chancery, on a bill in equity brought to vacate a judgment and enjoin execution upon it, the reasonable counsel fees incurred […]
ALDRICH v. MONROE, 60 N.H. 118 (1880)
ALDRICH v. MONROE. Supreme Court of New Hampshire Grafton. Decided June, 1880. The failure to adopt a known and uniform usage among travellers in the management of loaded teams upon a steep part of the highway is competent evidence of negligence. CASE, for damages from a defective highway. The plaintiff’s horses, attached to a heavily […]
DEER LEAP ASSOCS. v. TOWN OF WINDHAM, 136 N.H. 555 (1992)
618 A.2d 837 DEER LEAP ASSOCIATES v. TOWN OF WINDHAM ROCK POND IMPROVEMENT ASSOCIATION v. TOWN OF WINDHAM No. 91-476Supreme Court of New Hampshire Rockingham Decided December 29, 1992 1. Zoning — Certiorari — Scope of Review Upon grant of certiorari, superior court may review decision of a planning board and may reverse, affirm or […]
STATE v. GOODRUM, 123 N.H. 77 (1983)
455 A.2d 1067 THE STATE OF NEW HAMPSHIRE v. HORACE M. GOODRUM, III No. 82-094Supreme Court of New Hampshire Hillsborough Decided January 26, 1983 1. Robbery — Nature and Elements — Use of Force A pickpocket who merely “snatches” a wallet without using force of which the victim is aware has committed a theft but […]
CHUTTER v. RICHARDSON, 80 N.H. 116 (1921)
113 A. 770 CARRIE CLARK CUTLER CHUTTER v. ISRAEL C. RICHARDSON. Supreme Court of New Hampshire Grafton. Decided April 5, 1921. Upon a reference by the court to three referees under Laws 1917, c. 140, a decision by a majority is binding where such was the intention of the parties. Whether in the absence of […]
LETOURNEAU v. ASSOCIATION, 68 N.H. 366 (1895)
44 A. 532 LETOURNEAU v. BERLIN BUILDING AND LOAN ASSOCIATION a. Supreme Court of New Hampshire Coos. Decided June, 1895. Shares of a building and loan association retired by vote of the directors are entitled to participate in loan premiums actually paid at the date of withdrawal. BILL IN EQUITY, for an injunction, and to […]
EVANS v. RAILROAD, 66 N.H. 194 (1890)
21 A. 105 EVANS, Adm’r, v. CONCORD RAILROAD CORPORATION. Supreme Court of New Hampshire Rockingham. Decided June, 1890. In an action against a railroad corporation for causing the death of a traveller at a highway crossing by running upon her with a locomotive and train of cars, the fact that the whistle was not sounded […]
UNION SHOE CO. v. PRAY, 67 N.H. 435 (1893)
32 A. 770 NORTHWOOD UNION SHOE CO. v. PRAY. Supreme Court of New Hampshire Rockingham. Decided June, 1893. On a subscription to the capital stock of a corporation, specifying the time of payment, assumpsit is maintainable. The issue by a corporation of all its stock to trustees, to be held as security for a loan […]
ABBOTT v. INSURANCE CO., 89 N.H. 149 (1937)
195 A. 413 MABEL ABBOTT, Adm’x v. PRUDENTIAL INSURANCE COMPANY OF AMERICA. Supreme Court of New Hampshire Merrimack. Decided November 2, 1937. No recovery can be had for accidental death benefits upon a policy of insurance where the evidence does not disclose the cause of the assured’s death, or whether the injuries he received were […]
DANIELS v. BARKER, 89 N.H. 416 (1938)
200 A. 410 MARTHA L. DANIELS v. ADAH BARKER a. SAME v. SAME Supreme Court of New Hampshire Grafton. Decided June 1, 1938. In a wife’s action for alienation of her husband’s affections by the husband’s sister after the defendant had testified that the relations between herself and the husband had been pleasant and friendly, […]
CHASE v. BANK, 88 N.H. 275 (1936)
188 A. 1 ANNIE F. CHASE v. SECOND NATIONAL BANK OF NASHUA. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1936. A petition for a declaratory judgment is not the correct procedure to ascertain the rights of a cestui que trust against a bank, whose cashier, being also the petitioner’s trustee has withdrawn funds […]
PARSONS v. PARSONS, 67 N.H. 296 (1892)
29 A. 451 PARSONS, Adm’r, v. PARSONS, Ex’x. Supreme Court of New Hampshire Coos. Decided June, 1892. A creditor’s appeal from a commissioner’s disallowance of his claim against an insolvent estate, under Gen. Laws, c. 200, cannot be entered after the adjournment of the next trial term of this court after the claim of the […]
COLEBROOK WATER CO. v. COMM’R, DEP’T PUB. WORKS, 114 N.H. 392 (1974)
324 A.2d 713 COLEBROOK WATER COMPANY v. COMMISSIONER OF DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS OF THE STATE OF NEW HAMPSHIRE No. 6679Supreme Court of New Hampshire Merrimack Decided June 28, 1974 1. Dismissal for failure to state a cause of action in contract of plaintiff’s petition against the State seeking reimbursement pursuant to a […]
DAHAR v. RAILROAD, 95 N.H. 464 (1949)
66 A.2d 707 SAHEED W. DAHAR v. BOSTON MAINE RAILROAD. No. 3796.Supreme Court of New Hampshire Hillsborough. Decided June 7, 1949. Testimony of the plaintiff that as he approached a grade crossing he heard no warning signals of defendant’s locomotive is not alone sufficient to warrant submitting to the jury the issue of whether such […]
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 […]
CHICOPEE MFG. CO. v. COMPANY, 98 N.H. 5 (1953)
93 A.2d 820 CHICOPEE MANUFACTURING COMPANY a. v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. No. 4141.Supreme Court of New Hampshire Public Utilities Commission. Decided January 6, 1953. While reproduction cost evidence may be considered by the Public Utilities Commission in determining the fair value of a utility’s plant used and useful in its public operations […]
MELVIN v. WEARE, 56 N.H. 436 (1876)
MELVIN v. WEARE. Supreme Court of New Hampshire FROM HILLSBOROUGH CIRCUIT COURT. Decided March 21, 1876. Abatement of taxes — Returning invoice. When a person renders a true account of the polls and ratable estate for which he is liable to be taxed, upon the personal application of the selectmen, and the same is received […]
STATE v. BROUGH, 112 N.H. 182 (1972)
291 A.2d 618 STATE v. GEORGE K. BROUGH. No. 6279.Supreme Court of New Hampshire Belknap. Decided May 31, 1972. 1. The offense of aggravated assault may be established by proof of an apparent ability to inflict serious bodily harm. 2. Where defendant aimed a rifle at a police officer, he was properly found guilty of […]
INSURANCE CO. v. CHASE, 56 N.H. 341 (1876)
FARMERS’ MUTUAL FIRE INS. CO. v. CHASE. Supreme Court of New Hampshire FROM BELKNAP CIRCUIT COURT. Decided March 20, 1876. The act of incorporation of the plaintiff company provided, “That the directors shall, after receiving notice of any loss or damage by fire sustained by any member, and ascertaining the same, or after the rendition […]
HOVEY v. HOVEY, 61 N.H. 599 (1882)
HOVEY, Ap’t, v. HOVEY. Supreme Court of New Hampshire Rockingham. Decided June, 1882. The mere acceptance of a testamentary provision in her favor will not deprive a widow of dower in the estate of her deceased husband unless he so intended; but when it appears from the will itself, or by other competent evidence, that […]
STATE v. CARROLL, 131 N.H. 179 (1988)
552 A.2d 69 THE STATE OF NEW HAMPSHIRE v. PETER CARROLL No. 87-152Supreme Court of New Hampshire Strafford Decided December 9, 1988 1. Searches and Seizures — Application for Warrant — Probable Cause New Hampshire Constitution requires that search warrants be issued only upon a determination of probable cause. N.H. CONST. pt. 1, art. 19. […]
JANE M. v. MONGAN, 130 N.H. 36 (1987)
533 A.2d 37 JANE M., JOHN N. a. v. MARY MONGAN a. No. 87-068Supreme Court of New Hampshire Merrimack Decided October 15, 1987 Injunction — Unauthorized Government Action — Particular Cases Superior court properly granted State’s motion to dismiss petition to enjoin construction of a building to be placed on the grounds of the Youth […]
WARE v. COMPANY, 99 N.H. 19 (1954)
104 A.2d 736 IRENE S. WARE v. CHAMPAGNE’S SUPER MARKET, INC. No. 4290.Supreme Court of New Hampshire Merrimack.Argued March 4, 1954. Decided April 21, 1954. An oral contract of employment to commence on the day after it was made and to run for one year thereafter is not within the statute of frauds (R. L., […]
ORDWAY v. RAILROAD, 69 N.H. 429 (1898)
45 A. 243 ORDWAY v. RAILROAD. Supreme Court of New Hampshire Merrimack. Decided December 1898. An involuntary nonsuit, ordered by the court on the ground of the insufficiency of the plaintiff’s evidence to authorize the verdict of a jury in his favor, is a bar to a subsequent suit upon the same cause of action […]
DOYLE v. DOYLE, 56 N.H. 567 (1876)
DOYLE v. DOYLE. Supreme Court of New Hampshire CHESHIRE COUNTY. Decided March 21, 1876. Auditor — Investigation of Accounts. Where the plaintiff’s specification was a statement of several items in the form of an account — Held, that the case was proper to be sent to an auditor, and that the trial of such a […]
APPEAL OF KAPLAN, 153 N.H. 296 (2006)
APPEAL OF ANDREW J. KAPLAN (New Hampshire Department of Employment Security). No. 2005-120.Supreme Court of New Hampshire Department of Employment Security.Argued: November 16, 2005. Opinion Issued: March 10, 2006. 1. Unemployment Compensation — Employee Eligibility — Particular Cases The tribunal’s finding that petitioner was “an officer of the corporation, had an investment and was a […]
SNCR CORP. v. GREENE, 152 N.H. 223 (2005)
876 A.2d 245 SNCR CORPORATION d/b/a SUNCOR CORPORATION v. STEVEN L. GREENE. No. 2004-315.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: January 19, 2005. Opinion Issued: May 20, 2005. 1. Jury — Right to Jury in Civil Actions — Constitutional and Statutory Provisions Provision of the New Hampshire Constitution extends the right to trial by […]
STATE v. BURRELL, 135 N.H. 715 (1992)
609 A.2d 751 THE STATE OF NEW HAMPSHIRE v. MARC BURRELL No. 90-508Supreme Court of New Hampshire Hillsborough Decided July 10, 1992 1. Jury — Instructions — Generally In charging a jury, trial court’s primary duty is to clarify case’s issues and assist jury in understanding questions to be resolved; as long as trial court […]
CARTER v. STORY, 76 N.H. 34 (1911)
78 A. 1072 CARTER, Ap’t, v. STORY, Ex’r, a. Supreme Court of New Hampshire Belknap. Decided February 7, 1911. A bequest to a religious society, upon a trust to use the income for the benefit of the church, is not subject to the tax imposed upon collateral legacies. A bequest to a religious and charitable […]
STATE v. BOIRE, 124 N.H. 622 (1984)
474 A.2d 568 THE STATE OF NEW HAMPSHIRE v. RICHARD L. BOIRE No. 83-068Supreme Court of New Hampshire Strafford Decided March 28, 1984 1. Indictment and Information — Specificity — Dates It is the general rule that the State is not necessarily bound by a date specified in an indictment when time is not an […]
WALTERS v. BELL, 77 N.H. 533 (1915)
93 A. 965 ARTHUR W. WALTERS, Adm’r, v. JOSEPH F. BELL a. Supreme Court of New Hampshire Coos. Decided April 6, 1915. The proceeds of property sold on execution are to be distributed in satisfaction of existing liens in the order of their priority. Where the proceeds of an execution sale of mortgaged property exceed […]
O’NEIL v. PUBLIC UTIL. COMM’N, 119 N.H. 930 (1979)
410 A.2d 244 MERL L. O’NEIL a. v. PUBLIC UTILITIES COMMISSION a. No. 79-137Supreme Court of New Hampshire Public Utilities Commission Decided December 28, 1979 1. Constitutional Law — Due Process — Notice and Hearing Due process does not necessarily mandate actual notice; it is adequate if it is reasonably calculated to apprise the interested […]
STATE v. RUMNEY, 108 N.H. 40 (1967)
226 A.2d 777 STATE v. ARTHUR W. RUMNEY. No. 5565.Supreme Court of New Hampshire Rockingham.Argued January 6, 1967. Decided February 24, 1967. 1. While possession of stolen goods gives rise to no legal presumption of guilt, it is evidence from which guilt may be inferred as a matter of fact. 2. On an indictment for […]
ROBERTSON v. BREWER, 88 N.H. 455 (1937)
190 A. 709 LOUISE C. ROBERTSON v. ALANSON R. BREWER, Adm’r. Supreme Court of New Hampshire Grafton. Decided March 2, 1937. Alimony is the support which the court decrees in favor of the wife as a substitute for the common-law right of marital support. The jurisdiction of the court under P. L., c. 287, s. […]
STOKELL v. KIMBALL, 59 N.H. 13 (1879)
STOKELL v. KIMBALL. Supreme Court of New Hampshire Rockingham. Decided June, 1879. An assignment by a married woman of an insurance policy on the life of her husband, as security for his debt, is a contract made by her as surety or guarantor for him (within Gen. Laws, c. 183, s. 12), and is not […]
FELLOWS v. RIPLEY, 69 N.H. 410 (1898)
45 A. 138 FELLOWS a. v. RIPLEY a. Supreme Court of New Hampshire Rockingham. Decided December, 1898. The legal estate in land in which a use is created vests by the statute of uses in the cestui que use, and his deed transfers the title. BILL IN EQUITY, to remove a cloud from the title […]
BELLOWS FALLS TRUST CO. v. COMPANY, 90 N.H. 379 (1939)
9 A.2d 509 BELLOWS FALLS TRUST COMPANY v. AMERICAN MINERAL PRODUCTS COMPANY. No. 3106.Supreme Court of New Hampshire Cheshire. Decided November 7, 1939. Two simultaneously executed agreements relating to the same transaction are to be interpreted by reference to each. The fact that a bond requiring payment of royalties to a depositary only slightly exceeded […]
HEATH v. INSURANCE CO., 58 N.H. 414 (1878)
HEALTH v. SPRINGFIELD FIRE INSURANCE CO. Supreme Court of New Hampshire Belknap. Decided August, 1878. A person employed by the authorized agent of an insurance company to solicit applications for insurance, receive premiums, and deliver policies, has no authority, by reason of such employment, to consent to additional insurance in other companies; and notice to […]
DEBONIS v. WARDEN, N.H., 153 N.H. 603 (2006)
903 A.2d 993 STEPHEN DEBONIS v. WARDEN, NEW HAMPSHIRE STATE PRISON. No. 2005-589.Supreme Court of New Hampshire Merrimack.Argued: May 10, 2006. Opinion Issued: June 9, 2006. 1. Probation and Parole — Parole — Violation of Parole Where petitioner was arrested for violating his parole, he had a statutory right to a revocation hearing within forty-five […]
FIRST NAT’L BANK v. LOWRY, 118 N.H. 918 (1978)
395 A.2d 1251 FIRST NATIONAL BANK OF PORTSMOUTH v. ROBERT E. LOWRY GERALDINE D. LOWRY No. 78-181Supreme Court of New Hampshire Rockingham Decided December 29, 1978 1. Cancellation of Instruments — Delay in Cancelling — Laches One who would seek cancellation of an instrument procured by fraud must take steps to that end within a […]
MORENCY v. LANDRY, 79 N.H. 305 (1919)
108 A. 855 ANNA MORENCY, Adm’x, v. VITALINE LANDRY, Ex’x, Ap’ee. Supreme Court of New Hampshire Strafford. Decided December 2, 1919. Under the bankrupt act, a judgment held by a foreign creditor, if properly scheduled, is barred by the discharge. Though an action for reimbursement by a surety who has paid a joint judgment against […]
WUJNOVICH v. COLCORD, 105 N.H. 451 (1964)
202 A.2d 484 NICHOLAS WUJNOVICH v. EZRA T. COLCORD a. No. 5161.Supreme Court of New Hampshire Rockingham.Argued June 2, 1964. Decided July 17, 1964. 1. In an action for breach of warranty of title to an automobile (RSA 382-A:2-312 (1) (a)) purchased from a defendant vendor and a second action against a defendant insurance company […]
OPINION OF THE JUSTICES, 112 N.H. 32 (1972)
287 A.2d 756 OPINION OF THE JUSTICES. No. 6381.Supreme Court of New Hampshire Request of House of Representatives. Decided February 22, 1972. 1. Exemption from a proposed school property tax of residential real estate occupied by its owner as his principal place of abode would not violate the constitution since alleviation of a disproportionate burden […]
MECHANICKS NAT. BANK v. PARKER, 109 N.H. 87 (1968)
242 A.2d 69 MECHANICKS NATIONAL BANK a. v. CLYDE R. PARKER, Sheriff a. No. 5756.Supreme Court of New Hampshire Merrimack.Argued May 8, 1968. Decided May 29, 1968. 1. A mortgage having a right to possession at the time it replevied the mortgaged property was held to have a continuing interest in the maintenance of the […]
MOORE v. COTTON, 94 N.H. 387 (1947)
54 A.2d 167 WILLIAM S. MOORE v. NORRIS COTTON. No. 3668.Supreme Court of New Hampshire Grafton. Decided July 2, 1947. A justice of a municipal court when acting on a subject within his jurisdiction is exempt from civil prosecution for such acts. CASE, for false arrest and imprisonment. This action arises out of the proceedings […]
RICH v. POWELL, COMMISSIONER, 130 N.H. 455 (1988)
544 A.2d 29 ROBERT RICH v. RONALD POWELL, COMMISSIONER, DEPARTMENT OF CORRECTIONS, and MICHAEL J. CUNNINGHAM, WARDEN, NEW HAMPSHIRE STATE PRISON No. 87-230Supreme Court of New Hampshire Merrimack Decided May 13, 1988 1. Administrative Law — Orders and Regulations — Validity In determining whether or not an administrative rule is valid, the inquiry is limited […]
BOWKER v. NASHUA TEXTILE CO., 103 N.H. 242 (1961)
169 A.2d 630 WILLIAM BOWKER v. NASHUA TEXTILE CO., INC. a. No. 4909.Supreme Court of New Hampshire Hillsborough.Argued February 9, 1961. Decided April 4, 1961. 1. A bill in equity by minority stockholders against the corporation and a majority of its directors alleging wrongs to the corporation resulting from fraud and mismanagement on the part […]
GAGNON v. N.H. INS. CO., 133 N.H. 70 (1990)
573 A.2d 137 GEORGE GAGNON, ADMINISTRATOR, ESTATE OF JUDITH GAGNON v. NEW HAMPSHIRE INSURANCE COMPANY No. 89-439Supreme Court of New Hampshire Hillsborough Decided April 13, 1990 1. Insurance — Construction of Contracts — Generally Contract interpretation, such as interpretation of terms in an insurance policy, is ultimately an issue for the supreme court. 2. Insurance […]
KIMBALL v. POTTER, 89 N.H. 234 (1938)
196 A. 272 F. GORDON KIMBALL, State Treasurer v. JOHN B. POTTER, Adm’r. Supreme Court of New Hampshire Merrimack. Decided January 4, 1938. An irrevocable trust created by a decedent in his lifetime whereby he received the income during life, the estate to terminate at his death and the principal to go to his nephews, […]
GERRISH v. GERRISH, 63 N.H. 128 (1884)
GERRISH a. v. GERRISH a. Supreme Court of New Hampshire Merrimack. Decided June, 1884. Whether a witness may be cross-examined by the party calling him, and whether counsel may put leading questions to his client when called by the other side, are questions to be determined at the trial term. TROVER. The plaintiffs were called […]
IN THE MATTER OF KOSEK KOSEK, 151 N.H. 722 (2005)
871 A.2d 1 IN THE MATTER OF ROBERTA L. KOSEK AND MICHAEL J. KOSEK. No. 2004-113.Supreme Court of New Hampshire Salem Family Division.Argued: November 9, 2004. Opinion Issued: February 22, 2005. 1. Divorce — Custody — Visitation Trial court’s modification of a visitation schedule is reviewed for an unsustainable exercise of discretion. 2. Divorce — […]
SMITH v. SWAIN, 71 N.H. 277 (1902)
52 A. 857 SMITH a. v. SWAIN a. Supreme Court of New Hampshire Strafford. Decided April 1, 1902. The statute requiring school-district clerks to deliver to the selectmen an attested copy of every vote of the district to raise money, within ten days after the meeting, is directory and not mandatory in respect of time. […]
HORAN v. BYRNES, 72 N.H. 600 (1904)
58 A. 42 HORAN v. BYRNES. Supreme Court of New Hampshire Hillsborough. Decided May 3, 1904. CASE, for maintaining a fence over five feet in height. The ad damnum is $1,000. At two prior trials of the case the juries returned verdicts in favor of the plaintiff for $25 and $20 respectively. At each trial […]
PIERCE v. JACKSON, 65 N.H. 121 (1889)
18 A. 319 PIERCE a., Ex’rs, v. JACKSON. Supreme Court of New Hampshire Strafford. Decided June, 1889. An officer, in the service of civil process, is bound to use ordinary skill and reasonable diligence in carrying out his instructions; but if he has reasonable cause to believe, and does believe, that compliance with the instructions […]
TILTON v. DAVIS, 102 N.H. 278 (1959)
155 A.2d 179 CHARLES W. TILTON v. CHARLES T. DAVIS a. No. 4784.Supreme Court of New Hampshire Belknap.Argued October 7, 1959. Decided November 3, 1959. 1. A mortgage takes precedence over a subsequent lien for labor and materials furnished in construction of a building upon the mortgaged premises. 2. Evidence that the mortgagee agreed to […]
FREETO v. HOUGHTON, 58 N.H. 100 (1877)
FREETO v. HOUGHTON. Supreme Court of New Hampshire Grafton. Decided March, 1877. The running, of the limitation of the time allowed for securing a mechanics’ lien by attachment, under Gen. St., c. 125, s. 12, is not suspended by the lienee’s breach of contract causing the lienor to abandon his work and never resume it. […]
HOSMER v. FARLEY, 67 N.H. 590 (1891)
36 A. 605 HOSMER a. v. FARLEY Tr. Supreme Court of New Hampshire Merrimack. Decided December, 1891. CHASE, J. The case is not distinguishable from Kenefick v. Perry, 61 N.H. 362. Trustee discharged. ALLEN, J., did not sit: the others concurred. Leach Stevens, for the plaintiffs. Jesse B. Pattee, for the trustee. Page 591
IN RE GUARDIANSHIP OF HENDERSON, 150 N.H. 349 (2003)
838 A.2d 1277 IN RE GUARDIANSHIP OF JASON HENDERSON. No. 2002-578.Supreme Court of New Hampshire Hillsborough County Probate CourtSubmitted: June 25, 2003. Opinion Issued: December 19, 2003. 1. Guardianship — Generally — Particular Matters The right to legal counsel for any person for whom a guardianship is sought “shall be absolute and unconditional.” RSA 464-A:6, […]
STATE v. SCHACHTER, 133 N.H. 439 (1990)
577 A.2d 1222 THE STATE OF NEW HAMPSHIRE v. MATTHEW SCHACHTER, SUGAR RIVER SAVINGS BANK, INTERVENOR No. 89-454Supreme Court of New Hampshire Merrimack Decided July 23, 1990 1. Appeal and Error — Preservation of Questions — Failure To Present Below Petitioner whose motion for intervention and bail forfeiture in a criminal defendant’s prosecution was denied […]
SMITH COVE ASS’N v. SPECIAL BD., 116 N.H. 24 (1976)
352 A.2d 726 SMITH COVE ASSOCIATION v. SPECIAL BOARD AND MANELAOS MAKRIS No. 7036Supreme Court of New Hampshire Merrimack Decided January 31, 1976 1. On petition for mandamus to require special board to request attorney general to petition for removal of wharves or piers as provided by RSA 482:41-g, no occasion for interpretation of statute […]
PETITION OF EVANS, 154 N.H. 142 (2006)
PETITION OF CHAD EVANS. Nos. 2005-353, 2005-354.Supreme Court of New Hampshire Strafford.Argued: May 17, 2006. Opinion Issued: September 6, 2006. 1. Remedies — Extraordinary Writs — Certiorari Certiorari is an extraordinary remedy, granted not as a matter of right, but rather at the court’s discretion when the substantial ends of justice require such relief. Certiorari […]
BAKER v. HUDSON SCHOOL DISTRICT, 110 N.H. 389 (1970)
269 A.2d 128 GEORGE H. BAKER a. v. HUDSON SCHOOL DISTRICT a. No. 6115.Supreme Court of New Hampshire Hillsborough. Decided August 31, 1970. 1. The Municipal Budget Law, in granting authority to the voters at an annual or special school district meeting to increase the budget by not more than ten per cent of the […]
NUMERICA SAVINGS BANK v. MOUNTAIN LODGE INN, 134 N.H. 505 (1991)
596 A.2d 131 NUMERICA SAVINGS BANK, F.S.B. v. THE MOUNTAIN LODGE INN, CORP. AND JOHN E. PEARSON, INTERVENOR No. 90-446Supreme Court of New Hampshire Hillsborough Decided July 26, 1991 1. Pleading — Motion To Dismiss — Tests and Standards On appeal from an order granting a motion to dismiss, the truth of both the facts […]
SEAVEY v. DENNETT, 69 N.H. 479 (1898)
45 A. 247 SEAVEY v. DENNETT. Supreme Court of New Hampshire Merrimack. Decided December, 1898. In an action for negligently poisoning a horse, the plaintiff is entitled to recover the expense of caring for the animal during its sickness and the cost of another equally serviceable. CASE, for negligently poisoning the plaintiff’s horse. Trial by […]
DUFFY v. CITY OF DOVER, 149 N.H. 178 (2003)
818 A.2d 1251 BERNARD J. DUFFY a. v. CITY OF DOVER a. No. 2001-479Supreme Court of New Hampshire StraffordArgued January 8, 2003 Opinion Issued February 27, 2003 1. Zoning and Planning — Ordinances — Construction Under ordinance providing property owners who own land divided by two different zoning districts with the option of expanding the […]
SULLIVAN v. INSURANCE CO., 86 N.H. 184 (1933)
165 A. 277 MICHAEL F. SULLIVAN a. v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO. Supreme Court of New Hampshire Hillsborough. Decided March 7, 1933. To hold one liable as principal it is not enough that a third party has been misled by the conduct of an agent with limited authority, but it must appear that […]
STATE v. WELCH, 66 N.H. 178 (1889)
28 A. 21 STATE v. WELCH. Supreme Court of New Hampshire Coos. Decided December, 1889. North pond in the town of Stark, being a public water, is not “wholly within the control” of the littoral proprietors, and the public fishery in it is not affected by Gen. Laws, c. 179, s. 1. INDICTMENT, under Gen. […]
WATER CO. v. METCALF, 63 N.H. 427 (1885)
NORTH HAVERHILL WATER CO. v. METCALF. Supreme Court of New Hampshire Grafton. Decided June, 1885. When a claimant of an aqueduct title uses the water without an actual promise, express or implied, to pay for the use, assumpsit on the fiction of a promise implied by law is not an appropriate form of action for […]
STATE v. BROWN, 128 N.H. 606 (1986)
517 A.2d 831 THE STATE OF NEW HAMPSHIRE v. RUSSELL BROWN No. 85-120Supreme Court of New Hampshire Belknap Decided October 3, 1986 1. Evidence — Silence — Admissibility Where theory of defense at attempted murder trial was accident, evidence concerning the defendant’s failure to apologize to the victim was relevant and a proper subject of […]
MISSIONARIES OF LA SALETTE CORP. v. TOWN OF ENFIELD, 116 N.H. 274 (1976)
356 A.2d 667 MISSIONARIES OF LA SALETTE CORPORATION a. v. TOWN OF ENFIELD No. 7412Supreme Court of New Hampshire Grafton Decided April 30, 1976 1. The statutory requirement that a petition for abatement of taxes must be filed with the superior court within six months after notice of the real estate taxes is in the […]
WELCH v. BANK, 58 N.H. 147 (1877)
WELCH v. OSSIPEE V. T. C. S. BANK. Supreme Court of New Hampshire Belknap. Decided August, 1877. The levy of an execution may be completed by the successor of the sheriff whose deputy began the levy. An appraiser, appointed by an officer who began a levy, may act with two other appraisers appointed by another […]
CONTOOCOOK PRECINCT v. HOPKINTON, 71 N.H. 574 (1902)
53 A. 797 CONTOOCOOK FIRE PRECINCT v. HOPKINTON. Supreme Court of New Hampshire Merrimack. Decided December 4, 1902. Where a fire precinct has paid the cost of a sewer which its commissioner, acting solely in a private capacity, has caused to be constructed for the benefit of a town, the prosecution of a suit by […]
BANK v. HUNTON, 70 N.H. 224 (1899)
46 A. 1049 FIRST NATIONAL BANK OF NEWPORT v. HUNTON a. Supreme Court of New Hampshire Sullivan. Decided December, 1899. Where a married woman repudiates her promissory note given in discharge of her husband’s debt, the payee thereof will be subrogated to her rights in the proceeds of a note given by the husband to […]
LEBANON v. MEAD, 64 N.H. 8 (1885)
4 A. 392 LEBANON v. MEAD a. Supreme Court of New Hampshire Grafton. Decided December, 1885. A notice to a third person to come in and assume the defence of a pending suit, which does not state the cause or nature of the action, nor show in what way he may be interested in the […]
BALCUS v. COMPANY, 94 N.H. 270 (1947)
51 A.2d 479 JULIUS BALCUS v. STERLING EXPRESS COMPANY, INC. No. 3635.Supreme Court of New Hampshire Rockingham. Decided March 4, 1947. Where the terms of an agreement contemplated the furnishing of a truck and driver by one corporation to transport the machinery of another corporation, the presence of the latter’s employee in the truck at […]
CONCORD GENERAL MUTUAL INSURANCE CO. v. DOE, 161 N.H. 73 (2010)
CONCORD GENERAL MUTUAL INSURANCE COMPANY v. JANE DOE a. No. 2010-110.Supreme Court of New Hampshire. Merrimack.Argued: September 16, 2010. Opinion Issued: October 27, 2010. 1. Insurance — Policies — Construction The interpretation of insurance policy language is a question of law for the court to decide. The court construes the language as would a reasonable […]
HERSEY v. HUTCHINS, 70 N.H. 130 (1899)
46 A. 33 HERSEY v. HUTCHINS. Supreme Court of New Hampshire Carroll. Decided December, 1899. An instruction is properly refused when there is no evidence to which it can apply. The failure to call an accessible witness warrants the argument that his testimony would have been unfavorable. The remark of counsel, that his client’s failure […]
DUNN v. STAPLES, 109 N.H. 251 (1968)
248 A.2d 635 FRED DUNN d/b/a FRED DUNN REAL ESTATE a. v. WILLARD STAPLES a., d/b/a ABBOTT’S GENERAL STORE. No. 5785.Supreme Court of New Hampshire Carroll.Argued October 1, 1968. Decided December 31, 1968. 1. In an action to recover a broker’s commission for procuring purchasers for defendants’ real estate under an agency agreement which provided […]
WHEAT v. CARTER, 79 N.H. 150 (1919)
106 A. 602 ARTHUR F. WHEAT a. v. OVID CARTER. Supreme Court of New Hampshire Hillsborough. Decided February 4, 1919. Where an injury does not result from a single indivisible act but from successive wrongful acts by different persons and a release has been given to the first wrongdoer, the release is not necessarily a […]
STATE v. GALLANT, 133 N.H. 138 (1990)
574 A.2d 385 THE STATE OF NEW HAMPSHIRE v. STEVEN A. GALLANT No. 89-104Supreme Court of New Hampshire Sullivan Decided May 4, 1990 1. Searches and Seizures — Warrantless Searches — Validity Under the New Hampshire Constitution, a warrantless search is per se unreasonable, absent a recognized exception; the State bears the burden of proving […]
IN THE MATTER OF JEFFREY, 153 N.H. 200 (2006)
IN THE MATTER OF JEFFREY G. AND JANETTE P. No. 2004-738.Supreme Court of New Hampshire Family Division at Salem.Argued: September 29, 2005. Opinion Issued: January 27, 2006. 1. Divorce — Custody — Rights of Parties In the context of a custody determination, unless a third party is either a grandparent or stepparent who has established […]
APPEAL OF MORGAN, 144 N.H. 44 (1999)
742 A.2d 101 APPEAL OF WILLIAM H. MORGAN, R.PH. (New Hampshire Board of Pharmacy) No. 97-522Supreme Court of New Hampshire Board of Pharmacy Decided July 21, 1999 1. Statutes — Constitutionality — Vagueness A statute is impermissibly vague if it does not define an offense with sufficient definiteness that ordinary people can understand what conduct […]
COX v. JONES, 73 N.H. 504 (1906)
63 A. 178 COX a. v. JONES a. Supreme Court of New Hampshire Belknap. Decided February 6, 1906. Where a contract authorized by vote of a village district is such as the municipality is empowered to make, its execution cannot be enjoined on the ground that it will necessarily result in the breach of a […]
STATE v. DUHAMEL, 128 N.H. 199 (1986)
512 A.2d 420 THE STATE OF NEW HAMPSHIRE v. MARK R. DUHAMEL No. 85-377Supreme Court of New Hampshire Merrimack Decided June 5, 1986 1. Depositions and Discovery — Work Product — Generally Although classification of material as within the attorney work-product privilege does not bar discovery in all cases, the exceptions to the rule are […]