39 A. 1017 STARKEY v. KINGSLEY. Supreme Court of New Hampshire Cheshire. Decided December, 1897. A decree of distribution of the estate of a person deceased, made by the probate court after notice by publication to all parties interested, conclusively establishes the identity and title of the distributees. Where distribution has been made in accordance […]
Category: New Hampshire Court Opinions
OPINION OF THE JUSTICES, 111 N.H. 144 (1971)
276 A.2d 479 OPINION OF THE JUSTICES. No. 6239.Supreme Court of New Hampshire Request of House of Representatives. Decided April 21, 1971. 1. Enactment of a legislative proposal to relieve the Pelham School District from the debt limitation imposed by RSA 33:4-a(supp.) and modified as to the district by Laws 1957, chapter 381 would not […]
SUNAPEE DAM CORPORATION v. ALEXANDER, 87 N.H. 397 (1935)
181 A. 120 SUNAPEE DAM CORPORATION v. GEORGE ALEXANDER a. Supreme Court of New Hampshire Sullivan. Decided October 1, 1935. By New Hampshire law a corporation is not regarded as an objectively real entity but as an associated body of persons; and the fiction that a corporation is a being independent of those who are […]
STATE v. FICHERA, 160 N.H. 660 (2010)
THE STATE OF NEW HAMPSHIRE v. DANIEL FICHERA. No. 2009-357.Supreme Court of New Hampshire. Strafford.Argued: April 22, 2010. Opinion Issued: September 17, 2010. 1. Appeal and Error — Harmless Error —Criminal Cases An Apprendi violation concerning an omission from an indictment may constitute harmless error where the evidence is overwhelming that the grand jury would […]
APPEAL OF BARRINGTON EDUC. ASS’N, 121 N.H. 949 (1981)
437 A.2d 718 APPEAL OF BARRINGTON EDUCATION ASSOCIATION (New Hampshire Public Employee Labor Relations Board) No. 80-287Supreme Court of New Hampshire Public Employee Labor Relations Board Decided November 16, 1981 1. Public Employees — Public Employee Labor Relations Board — Review Where teacher chose not to attend a Public Employee Labor Relations Board hearing, failed […]
O’NEIL v. THOMSON, 114 N.H. 155 (1974)
316 A.2d 168 JAMES E. O’NEIL, SR. a. v. MELDRIM THOMSON, JR., AS GOVERNOR No. 6832Supreme Court of New Hampshire Merrimack Decided February 28, 1974 1. Plaintiff-members in their capacity as presiding officers and minority leaders of each house of the General Court and as individual taxpayers, and the State Employees Association have sufficient right […]
ADAMS v. SEVERANCE, 93 N.H. 289 (1945)
41 A.2d 233 MABEL N. M. ADAMS, Adm’x v. WILLIAM W. SEVERANCE. No. 3510.Supreme Court of New Hampshire Rockingham. Decided February 6, 1945. Certain evidence justified the finding that the defendant’s speed was greater than was reasonable under all the circumstances, and that the defendant was negligent in not seeing the lights of the plaintiff’s […]
DOUBLEDAY v. DOUBLEDAY, 131 N.H. 250 (1988)
551 A.2d 525 MARIE E. DOUBLEDAY v. ELWYN J. DOUBLEDAY, JR. No. 87-375Supreme Court of New Hampshire Belknap Decided December 12, 1988 1. Evidence — Weight and Sufficiency — Generally Triers of fact are not bound to assume that the quantity of evidence is a measure of its probative force. 2. Divorce — Custody and […]
PROULX v. KEENE, 102 N.H. 427 (1960)
158 A.2d 455 EARL W. PROULX a. v. KEENE. No. 4809.Supreme Court of New Hampshire Cheshire.Argued January 5, 1960. Decided February 29, 1960. 1. While municipalities are required by statute (RSA 147:23, 23-a supp.) to provide and maintain public dumping facilities, they must do so “in such manner as not to create a nuisance” (RSA […]
THYNG v. LANE, 69 N.H. 403 (1898)
43 A. 616 THYNG v. LANE a. Supreme Court of New Hampshire Rockingham. Decided December, 1898. A legacy limited to be paid after the death of persons to whom the use and income thereof are given during life, vests upon the death of the testator, and descends to the heirs-at-law of an infant legatee who […]
STATE v. BROSSEAU, 124 N.H. 184 (1983)
470 A.2d 869 THE STATE OF NEW HAMPSHIRE v. DONALD BROSSEAU, ADMINISTRATOR OF THE ESTATE OF ADRIAN BROSSEAU THE STATE OF NEW HAMPSHIRE v. ADRIENNE M. ZAPPIA, ADMINISTRATRIX OF THE ESTATE OF JOHN M. ZAPPIA ROBERT GORMAN a. v. MANCHESTER MENTAL HEALTH CENTER a. GLORIA WETHERBEE, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF CARLA […]
MacNEIL v. LATHE, 102 N.H. 439 (1960)
158 A.2d 292 ANGUS M. MacNEIL v. JEAN LATHE, Justice of the Municipal Court of Brookline a. No. 4819.Supreme Court of New Hampshire Hillsborough.Argued February 1, 1960. Decided February 29, 1960. 1. As a general rule, notice and an opportunity to be heard are basic essentials of a judicial proceeding. 2. A decree of the […]
STATE v. KENNISON, 134 N.H. 243 (1991)
590 A.2d 1099 THE STATE OF NEW HAMPSHIRE v. GINA KENNISON No. 89-177Supreme Court of New Hampshire Hillsborough Decided May 6, 1991 1. Constitutional Law — New Hampshire Constitution — Construction New Hampshire Constitution may provide New Hampshire citizens with more protection relative to search and seizure than Federal Constitution. 2. Searches and Seizures — […]
PARSONS v. McLANE, 64 N.H. 478 (1887)
13 A. 588 PARSONS v. McLANE. WEAVER v. McLANE. Supreme Court of New Hampshire Hillsborough. Decided December, 1887. The contract of a married woman to pay for medical attendance upon her husband is binding. ASSUMPSIT, for medical attendance on the defendant’s husband. Facts found by the court. December 14, 1882, the plaintiffs, practising physicians, were […]
APPEAL OF LONDONDERRY SCHOOL DISTRICT, 142 N.H. 677 (1998)
707 A.2d 137 APPEAL OF LONDONDERRY SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board) No. 96-107Supreme Court of New Hampshire Public Employee Labor Relations Board Decided March 23, 1998 1. Labor — Practice and Procedure — Review of Labor Relation Board’s Decisions and Orders As the appealing party from a decision of the public […]
EXETER v. MERAS, 80 N.H. 132 (1921)
114 A. 24 EXETER v. RALPH E. MERAS. Supreme Court of New Hampshire Rockingham. Decided May 3, 1921. A legal highway includes not only the soil but also the space immediately above it; hence to prescribe for a legal highway the public must have had adverse occupancy under P. S., c. 67, s. 1, as […]
CHARLTON v. BRUNELLE, 82 N.H. 100 (1925)
130 A. 216 WILSON L. CHARLTON v. ARSENE BRUNELLE. MAUD E. SIMPSON v. SAME. Supreme Court of New Hampshire Hillsborough. Decided June 2, 1925. In an action of deceit by a tenant against a landlord for withholding at the time of making the lease information that a wall of the building leased was defective, evidence […]
HASTINGS v. BRIDGE, 86 N.H. 172 (1933)
164 A. 906 FLORENCE M. HASTINGS a, Ex’rs v. HARRISON G. BRIDGE a. Supreme Court of New Hampshire Cheshire. Decided February 7, 1933. Bequest to A of “all my linen, silver, books . . . and request her to distribute them to the persons named in a letter . . . of instructions which I […]
METROPOLITAN PROP. LIABIL. INS. CO. v. RALPH, 138 N.H. 378 (1994)
640 A.2d 763 METROPOLITAN PROPERTY LIABILITY INSURANCE COMPANY v. JOYCE K. AND WILBUR RALPH No. 92-250Supreme Court of New Hampshire Hillsborough-northern judicial district Decided March 31, 1994 1. Insurance — Parties; Rights and Duties — Arbitration and Appraisal Insurer consented to be bound where it chose, with full knowledge of liability arbitration award and interest […]
HOLT v. SAVINGS-BANK, 62 N.H. 551 (1883)
HOLT v. PENACOOK SAVINGS BANK. Supreme Court of New Hampshire Merrimack. Decided June, 1883. The payee of a promissory note is entitled, by equitable assignment, to the benefit of a mortgage given by the maker, who is insolvent, to his surety, although the mortgage is given for mere indemnity, and not that principal shall pay […]
STATE v. ALMODOVAR, 158 N.H. 548 (2009)
THE STATE OF NEW HAMPSHIRE v. ANGEL ALMODOVAR. No. 2008-010.Supreme Court of New Hampshire. Grafton.Argued: January 22, 2009. Opinion Issued: April 9, 2009. 1. Criminal Law — Judgment and Sentence — Writ of Error Coram Nobis A defendant’s appeal from a sentencing issue is not moot although he has completed serving his deferred sentences and […]
STATE v. ROBERT H. ______, 118 N.H. 713 (1978)
393 A.2d 1387 THE STATE OF NEW HAMPSHIRE v. ROBERT H. ______ No. 78-090Supreme Court of New Hampshire Probate Court, Merrimack County Decided October 30, 1978 1. Parent and Child — Parental Rights — Termination A termination order providing for involuntary termination of the parent-child relationship must be based upon clear and convincing evidence. RSA […]
TATE v. GALLAGHER, 116 N.H. 165 (1976)
355 A.2d 417 ROBERT A. TATE a. v. JAMES T. GALLAGHER, JR., a. No. 7214Supreme Court of New Hampshire Hillsborough Decided March 31, 1976 1. Under the Uniform Commercial Code, if collateral is not in the possession of the secured party, the security interest is not enforceable against the debtor or third parties unless the […]
PARKER v. BOWLES, 57 N.H. 491 (1876)
PARKER v. BOWLES. Supreme Court of New Hampshire FROM GRAFTON CIRCUIT COURT. Decided August 11, 1876. Partnership assets — Rights of creditors. A and B were tenants in common of a saw-mill, with the land and appurtenances conveyed to them by separate deeds, each owning an undivided half, and each furnishing the purchase-money for the […]
MANSEAU v. RAILROAD, 96 N.H. 7 (1949)
69 A.2d 613 LOUISE T. MANSEAU, Adm’x v. BOSTON MAINE RAILROAD. No. 3841.Supreme Court of New Hampshire Grafton. Decided November 1, 1949. Where the defendant railroad’s engine collided with the rear wheel of the plaintiff’s wagon drawn by a white horse in the nighttime at a private grade crossing which had no gates or signals, […]
STATE v. BALL, 124 N.H. 226 (1983)
471 A.2d 347 THE STATE OF NEW HAMPSHIRE v. FORREST J. BALL No. 82-155Supreme Court of New Hampshire Sullivan Decided December 12, 1983 1. Constitution — New Hampshire Constitution — Generally When a defendant has invoked the protections of the New Hampshire Constitution, the supreme court will first address those claims. 2. Constitutional Law — […]
YANCEY v. YANCEY, 119 N.H. 197 (1979)
399 A.2d 975 SYBIL V. YANCEY v. HENRY B. YANCEY No. 78-272Supreme Court of New Hampshire Rockingham Decided March 30, 1979 1. Pleading — Form and Requisites — Hearing Although a motion upon which opposing party does not request a hearing may be acted upon, motion cannot be denied without giving movant a chance to […]
LAMBERT v. COMPANY, 75 N.H. 591 (1909)
72 A. 211 LAMBERT v. BERLIN MILLS CO. Supreme Court of New Hampshire Coos. Decided February 2, 1909. CASE, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the December term, 1907, of the superior court by Chamberlin, J. on the defendants’ exceptions to the denial of a motion for a […]
FIDELITY c. CO. v. BRENNAN, 85 N.H. 291 (1931)
158 A. 124 THE FIDELITY-PHENIX FIRE INSURANCE CO. a. v. MARY A. BRENNAN a. Supreme Court of New Hampshire Hillsborough. Decided December 1, 1931. The primary object of the so-called “union mortgage clause” in a fire policy is to protect the mortgagee and that protection is not to be curtailed merely because incidental advantage may […]
RANDALL v. BENTON, 147 N.H. 786 (2002)
802 A.2d 1211 YVONNE RANDALL, ADMINISTRATRIX OF THE ESTATE OF LAURENCE HILL v. CHRISTOPHER BENTON, M.D. No. 2001-019Supreme Court of New Hampshire RockinghamArgued May 1, 2002 Opinion Issued June 24, 2002 1. Physicians and Surgeons — Malpractice — Particular Cases In action against defendant psychiatrist arising from the suicide of plaintiff’s decedent, even assuming that […]
STATE v. DEXTER, 136 N.H. 669 (1993)
621 A.2d 435 THE STATE OF NEW HAMPSHIRE v. LAURA J. DEXTER No. 91-258Supreme Court of New Hampshire Strafford Decided March 2, 1993 1. Appeal and Error — Questions Considered on Appeal — Matter Not Briefed On appeal from denial of post-trial motion for attorney fees, passing reference in brief to alleged abuse of defense […]
TREADWELL v. COMPANY, 98 N.H. 504 (1954)
104 A.2d 395 LEO TREADWELL v. AMERICAN WOOLEN COMPANY a. No. 4269.Supreme Court of New Hampshire Strafford.Argued March 2, 1954. Decided March 31, 1954. A motion for a new trial on the ground of newly discovered evidence was properly denied where the failure to discover the evidence was due to lack of diligence and the […]
IN THE MATTER OF BLANCHFLOWER, 150 N.H. 226 (2003)
834 A.2d 1010 IN THE MATTER OF DAVID G. BLANCHFLOWER AND SIAN E. BLANCHFLOWER. No. 2003-050.Supreme Court of New Hampshire Lebanon Family DivisionArgued: July 16, 2003. Opinion Issued: November 7, 2003. 1. Divorce — Grounds — Adultery Adultery within the meaning of the statute designating adultery as a cause for divorce does not include homosexual […]
STATE v. COGLIANO, 146 N.H. 603 (2001)
777 A.2d 867 THE STATE OF NEW HAMPSHIRE v. MICHAEL COGLIANO No. 99-544Supreme Court of New Hampshire Hampton District Court Decided July 6, 2001 1. Evidence — Documentary Evidence — Public Records or Reports An attestation by a judge is not required to authenticate out-of-state documents when those documents contain a seal and an attestation […]
KERBY v. CHARLESTOWN, 78 N.H. 301 (1916)
99 A. 835 MARGARET KERBY a., Ex’rs, v. CHARLESTOWN. MARGARET KERBY a., Ex’rs, Ap’ts, v. STATE. Supreme Court of New Hampshire Sullivan. Decided November 8, 1916. A person does not acquire a new residence merely by going to another place with the intention of making it his domicile but he must also go there with […]
INDIAN HEAD NAT’L BANK v. BROWN, 123 N.H. 87 (1983)
455 A.2d 1056 INDIAN HEAD NATIONAL BANK OF NASHUA v. ELSIE B. BROWN a. No. 82-169Supreme Court of New Hampshire Hillsborough Decided January 26, 1983 1. Trusts — Construction — Settlor’s Intention It is well established in New Hampshire that the courts have shown a signal regard for the intention of a settlor of a […]
TODD MAKOUIN, 155 N.H. 545 (2007)
APPEAL OF TODD MALOUIN (New Hampshire Compensation Appeals Board). No. 2006-394.Supreme Court of New Hampshire Compensation Appeals Board.Argued: January 18, 2007. Opinion Issued: June 13, 2007. 1. Worker’s Compensation — Proceedings to Secure Compensation — Burden of Proof To determine whether an injury arose “out of and in the course of employment,” a claimant must […]
STATE v. LAPONSEE, 115 N.H. 56 (1975)
333 A.2d 447 STATE OF NEW HAMPSHIRE v. REBECCA J. LAPONSEE No. 6844Supreme Court of New Hampshire Nashua District Court Decided February 28, 1975 1. RSA 644:2 II contains a number of different offenses, all of which are characterized by the intent to disturb the public. Page 57 2. The material elements of the offense […]
STATE v. POOLE, 150 N.H. 299 (2003)
837 A.2d 307 THE STATE OF NEW HAMPSHIRE v. NATHAN T. POOLE. No. 2002-765.Supreme Court of New Hampshire BelknapArgued: October 8, 2003. Opinion Issued: December 5, 2003. 1. Criminal Law — Defenses — Alibi Because defendants are generally allowed to present alternative theories of defense, defendant’s attempting to undermine the State’s case, or denying that […]
PEARSON v. RAILROAD, 63 N.H. 534 (1885)
4 A. 388 PEARSON v. NORTHERN RAILROAD a. Supreme Court of New Hampshire Merrimack. Decided December, 1885. Ordinarily the question whether a supplemental answer in chancery shall be rejected on motion of the plaintiff, being one of convenient procedure, is to be determined at the trial term; but the whole court, in a plain case, […]
FELDMAN v. FELDMAN, 125 N.H. 102 (1984)
480 A.2d 34 JOAN FELDMAN v. DARLENE FELDMAN No. 83-359Supreme Court of New Hampshire Rockingham Decided June 22, 1984 1. Common Law — Alteration of Principles Since the action for criminal conversation, as a common-law tort, is a creation of the judiciary, it is the duty of the judiciary to examine it and make such […]
KLINE v. BURNS, 111 N.H. 87 (1971)
276 A.2d 248 SAMUEL KLINE a, d/b/a G. S. REALTY v. MARTIN R. BURNS. SAME v. Fred Daggett. MARTIN R. BURNS. v. SAMUEL KLINE. No. 6051.Supreme Court of New Hampshire Portsmouth District Court. Decided April 5, 1971. 1. A contemporary lease of premises for dwelling purposes is viewed more as a contract than a conveyance, […]
DAY v. DAY, 56 N.H. 316 (1876)
DAY v. DAY. Supreme Court of New Hampshire FROM STRAFFORD CIRCUIT COURT. Decided March 20, 1876. Divorce — Extreme cruelty — Competency of children as witnesses. Upon the trial of a libel for divorce on the ground of extreme cruelty, only two assaults upon the libellant by the libellee were proved, and those of not […]
IN RE TOWN OF RINDGE, 158 N.H. 21 (2008)
APPEAL OF TOWN OF RINDGE (New Hampshire Department of Environmental Services). No. 2008-089.Supreme Court of New Hampshire. Department of Environmental Services.Argued: September 11, 2008. Opinion Issued: October 31, 2008. 1. Taxation — Exemptions From Taxation — Particular Statutes The plain language of the statute providing tax exemptions for water and air pollution control facilities makes […]
CARTER v. NASHUA, 113 N.H. 407 (1973)
308 A.2d 847 ELLIOT CARTER a. v. CITY OF NASHUA a. No. 6634Supreme Court of New Hampshire Hillsborough Decided July 31, 1973 1. Failure to comply with notice provisions was of no legal consequence if zoning board of adjustment meetings, whether characterized as conferences, planning, review, or work sessions, did not result in a decision […]
SEARS, ROEBUCK CO. v. BONSANT, 114 N.H. 270 (1974)
319 A.2d 633 SEARS, ROEBUCK CO. v. PIERRE BONSANT No. 6687Supreme Court of New Hampshire Hillsborough Decided April 30, 1974 1. Statute providing for exemption from repossession of conditional sale purchases upon which the buyer has completed payment after prior payments have been retroactively allocated by seller (RSA 399-B:6) indicated legislative intent to allow seller […]
ROUTE 12 BOOKS VIDEO v. TOWN OF TROY, 149 N.H. 569 (2003)
825 A.2d 493 Route 12 Books Video, Thomas Travers (Designated Agent) v. Town of Troy No. 2002-483Supreme Court of New Hampshire CheshireArgued March 13, 2003 Opinion Issued June 9, 2003 1. Zoning and Planning — Judicial Review — Standard of Review When reviewing a planning board decision, the trial court must determine on the record […]
STATE v. LANGLEY, 92 N.H. 136 (1942)
26 A.2d 368 STATE v. JAMES M. LANGLEY. No. 3322.Supreme Court of New Hampshire Merrimack. May 5, 1942. The provisions of P. L., c. 103 as amended by Laws 1937, c. 125, ss. 1, 2 and by Laws 1939, c. 130, ss. 2, 3, as to the fixing of speed limits by the Commissioner of […]
LaVALLEE, v. COMPANY, 75 N.H. 579 (1910)
78 A. 645 LaVALLEE, Adm’r, v. BURGESS SULPHITE FIBRE CO. Supreme Court of New Hampshire Coos. Decided December 6, 1910. In an action of negligence against employers, certain evidence deemed sufficient to warrant a finding that the injuries complained of resulted from a concealed danger as to which the servant was not informed and the […]
STATE v. FRASER, 116 N.H. 642 (1976)
365 A.2d 1046 STATE OF NEW HAMPSHIRE v. KEVIN FRASER No. 7485Supreme Court of New Hampshire Rockingham Decided October 29, 1976 1. A party has the duty to inform a clerk of court of any change in address. 2. The letter of the clerk of superior court, sent to the defendant’s last address of record, […]
PROCTOR v. FLANDERS, 88 N.H. 481 (1937)
192 A. 155 ELTON T. PROCTOR, Ex’r v. DELIA J. FLANDERS. Supreme Court of New Hampshire Hillsborough. Decided May 4, 1937. BILL, for an accounting. The defendant filed a claim in set-off. A master found an amount due the plaintiff and disallowed the claim in set-off. The defendant excepted to the denial of her motions […]
WILLOUGHBY v. HOLDERNESS, 62 N.H. 661 (1883)
WILLOUGHBY, Adm’r, v. HOLDERNESS. Supreme Court of New Hampshire Grafton. Decided June, 1883. The surrender of an unendorsed promissory note to the maker by a mere naked depositary is no consideration for a promissory note from the maker to the depositary as payee. In such a case, the bailor — payee of the original note […]
STATE v. GUBITOSI, 152 N.H. 673 (2005)
886 A.2d 1029 THE STATE OF NEW HAMPSHIRE v. STEVEN GUBITOSI. No. 2004-110.Supreme Court of New Hampshire Belknap.Argued: June 22, 2005. Opinion Issued: October 28, 2005. 1. Constitutional Law — Right to Privacy — Generally The expectation of privacy analysis for claims under the New Hampshire Constitution requires, first that a person have exhibited an […]
STEVENS v. BOW MILLS METHODIST CHURCH, 111 N.H. 340 (1971)
283 A.2d 488 ELLEN F. STEVENS a. v. BOW MILLS METHODIST CHURCH. No. 6161.Supreme Court of New Hampshire Merrimack. Decided November 2, 1971. 1. A church member-director who was on church premises as president of a church organization whose meeting in the church was open to the public was properly found and ruled to be […]
PETITION OF ELLIS, 138 N.H. 159 (1993)
636 A.2d 62 PETITION OF CARL C. ELLIS a. No. 93-683Supreme Court of New Hampshire Original Decided December 28, 1993 1. Administrative Law — Judicial Review — Procedure The sole means of obtaining judicial review of a fair hearings decision of the division of human services is by a petition for writ of certiorari. 2. […]
PERLEY v. MARSHALL, 57 N.H. 206 (1876)
PERLEY v. MARSHALL. Supreme Court of New Hampshire FROM BELKNAP CIRCUIT COURT. Decided August 10, 1876. Flowage — Immaterial evidence. The defendants introduced evidence that raising water to the height only which the plaintiff claimed they had a right to raise it, afforded an insufficient power for their (the defendants’) mill. Held immaterial; that the […]
STATE v. ELLARD, 95 N.H. 217 (1948)
60 A.2d 461 STATE v. LEON O. ELLARD. No. 3752.Supreme Court of New Hampshire Rockingham. Decided July 6, 1948. The word “person” as used in R.L., c. 450, s. 28, making it an offence for a clerk, servant or agent of any person to embezzle or fraudulently convert to his own use any money in […]
MERRITT v. MERRITT, 85 N.H. 210 (1931)
155 A. 692 RALPH A. MERRITT v. MABEL F. MERRITT. Supreme Court of New Hampshire Coos. Decided June 25, 1931. In a libel for divorce on the ground of abandonment under P. L., c. 287, ss. 6, par. ix, and 7, if a separation has occurred by the act of the husband, any communication from […]
BANK v. NEWMAN, 62 N.H. 410 (1882)
FIRST NATIONAL BANK OF FRANCESTOWN v. NEWMAN. Supreme Court of New Hampshire Hillsborough. Decided December, 1882. Chapter 140, Gen. Law is not a bankrupt law. ASSUMPSIT, on a note. Plea, the general issue, with a brief statement alleging that the defendant, prior to the commencement Page 411 of this suit, had made an assignment of […]
STATE v. HOKANSON, 140 N.H. 719 (1996)
672 A.2d 714 THE STATE OF NEW HAMPSHIRE v. RUSSELL C. HOKANSON No. 94-868Supreme Court of New Hampshire Coos Decided March 12, 1996 1. Trial — Jury Instructions — Jury Nullification While the trial court ordinarily gives an instruction, pursuant to State v. Wentworth, 118 N.H. 832, 838-39, 395 A.2d 858, 862-63 (1979), Page 720 […]
ANDREWS v. TOWN OF NEW LONDON, 117 N.H. 747 (1977)
379 A.2d 441 WILLIAM T. ANDREWS v. TOWN OF NEW LONDON No. 7835Supreme Court of New Hampshire Merrimack Decided September 30, 1977 1. Municipal Corporations — Municipal Services — Sewer and Water In proceeding arising out of petition to abate certain sewer charges assessed against plaintiff, who owned building containing six separate apartments rented to […]
MORTGAGE SPECIALISTS v. IMPLODE-EXPLODE HEAVY INDUS., 160 N.H. 227 (2010)
THE MORTGAGE SPECIALISTS, INC. v. IMPLODE-EXPLODE HEAVY INDUSTRIES, INC. No. 2009-262.Supreme Court of New Hampshire. Rockingham.Argued: November 4, 2009. Opinion Issued: May 6, 2010. 1. Constitutional Law — Freedom of Speech andPress — Generally The New Hampshire Constitution quite consciously ties a free press to a free state, for effective self-government cannot succeed unless the […]
SPAULDING v. CONCORD GEN. MUT. INS. CO., 122 N.H. 515 (1982)
446 A.2d 1172 GARY M. SPAULDING v. CONCORD GENERAL MUTUAL INSURANCE COMPANY No. 81-281Supreme Court of New Hampshire Sullivan Decided June 9, 1982 1. Contracts — Construction — Common Meaning When interpreting an insurance contract, the supreme court will determine its meaning based upon the meaning that would be attached to it by a reasonable […]
COGSWELL v. RAILROAD, 78 N.H. 379 (1917)
101 A. 145 EDWARD N. COGSWELL, Ex’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided April 3, 1917. Equity will not set aside a release or other agreement because of mutual ignorance of a fact, which if known would have prevented the making of the agreement or altered its terms, if such […]
HEALD v. RAILROAD, 68 N.H. 49 (1894)
44 A. 77 HEALD v. CONCORD MONTREAL RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided June, 1894. The statement by counsel in his argument to the jury of a material fact not based on any evidence in the case is error. A reasonable construction is given to the language of counsel used in argument to […]
STATE v. BLACKMER, 149 N.H. 47 (2003)
816 A.2d 1014 THE STATE OF NEW HAMPSHIRE v. Paul Blackmer No. 99-308Supreme Court of New Hampshire BelknapSubmitted November 27, 2002 Opinion Issued January 10, 2003 1. Criminal Law — Speedy Trial — Particular Cases Defendant’s claim of violation of his right to a speedy trial failed where it was based on the State’s delay […]
HILLS v. D’AMOURS, 95 N.H. 130 (1948)
59 A.2d 551 HILLS a. Trustees a. v. D’AMOURS, Attorney General. D’AMOURS, Attorney General v. HILLS a. Trustees a. No. 3743.Supreme Court of New Hampshire Hillsborough. Decided May 18, 1948. Parol evidence which is descriptive of a “general plan” referred to in the testator’s will insofar as such a plan was disclosed by him to […]
ENGEL v. BROWN, 69 N.H. 183 (1897)
45 A. 402 ENGEL v. BROWN. Supreme Court of New Hampshire Merrimack. Decided June, 1897. When part payment is relied upon as proof of a new promise to avoid the bar of the statute of limitations, the evidence should show that it was made understandingly on account of a greater debt, to warrant the inference […]
WELCH v. RAILROAD, 78 N.H. 277 (1916)
99 A. 296 WILLIAM H. WELCH, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided November 8, 1916. Due care is often inferable from the circumstances attending an accident in connection with the injured person’s presumed knowledge of the situation. That the death of a person suddenly killed by a railroad train […]
NICHOLS v. SHEPARD, 63 N.H. 391 (1885)
NICHOLS a., Ap’ts, v. SHEPARD, Adm’r. Supreme Court of New Hampshire Hillsborough. Decided June, 1885. Under the statute of distributions, there being none nearer of kin living, the children of deceased brothers and sisters take equal shares per capita. PETITION for leave to appeal from a decree of distribution by the judge of probate. Facts […]
DAVIDSON v. DAVIDSON, 80 N.H. 589 (1921)
115 A. 177 OSCAR F. DAVIDSON v. CARL M. DAVIDSON. Supreme Court of New Hampshire Coos. Decided October 4, 1921. CASE, for alienating the affections of the plaintiff’s wife. Trial by jury and verdict for the plaintiff. The defendant’s motions for nonsuit and directed verdict were denied, subject to exception. The defendant also excepted to […]
H. G. FISCHER X-RAY CO. v. MEREDITH, 121 N.H. 707 (1981)
433 A.2d 1306 H. G. FISCHER X-RAY COMPANY, INC. v. WILLIAM H. MEREDITH No. 80-150Supreme Court of New Hampshire Merrimack Decided August 10, 1981 1. Sales — Warranties — Applicability Removing goods purchased from state in which seller conducts business does not constitute abandonment of warranties by purchaser. RSA 382-A:2-313, :2-314. 2. Sales — Warranties […]
MORSE v. PERSONNEL COMMISSION, 117 N.H. 525 (1977)
374 A.2d 1176 MARY JANE MORSE v. PERSONNEL COMMISSION No. 7623Supreme Court of New Hampshire Personnel Commission Decided June 20, 1977 1. Administrative Law — Judicial Review — Findings Personnel commission’s findings upon questions of fact are prima facie lawful and reasonable, and decisions appealed from shall not be set aside except for errors of […]
STATE v. WEIR, 138 N.H. 671 (1994)
645 A.2d 56 THE STATE OF NEW HAMPSHIRE v. WILLIAM WEIR, JR. No. 93-576Supreme Court of New Hampshire Coos Decided July 19, 1994 1. Criminal Law — Right To Impartial Jury — Standard of Review Trial court’s determination of the impartiality of the jurors selected, essentially a question of demeanor and credibility, is entitled to […]
GRIFFIN v. BARTLETT, 55 N.H. 119 (1875)
GRIFFIN v. BARTLETT. Supreme Court of New Hampshire Rockingham. Decided March 11, 1875. The same proof of user, which established the right to use the water of a stream in a particular way, is equally conclusive in establishing the limitations of that right. The doctrine of Burnham v. Hempton, 44 N.H. 78, affirmed. B. having […]
SCOTT v. J. J. BRADY SONS, INC., 113 N.H. 65 (1973)
302 A.2d 108 THEODORE SCOTT a. v. J. J. BRADY SONS, INC. No. 6424Supreme Court of New Hampshire Rockingham Decided February 28, 1973 1. Federal law making an interstate common carrier liable for actual loss to goods transported in interstate commerce is controlling in cases in State courts concerning liability for such loss. 2. Plaintiffs […]
BARBER v. COMPANY, 80 N.H. 584 (1921)
112 A. 380 DANIEL E. BARBER v. GEORGE R. JONES CO. Supreme Court of New Hampshire Hillsborough. Decided January 4, 1921. This is the same case reported in 79 N.H. 311. Trial by jury and verdict for the plaintiff. Transferred by Kivel, C.J. from the May term, 1920, of the superior court on defendant’s exception […]
CLINICAL LAB PROD’S INC. v. MARTINA, 121 N.H. 989 (1981)
437 A.2d 285 CLINICAL LAB PRODUCTS, INC. v. VINCENT C. MARTINA a. No. 81-079Supreme Court of New Hampshire Milford District Court Decided November 16, 1981 1. Pleading — Amendment — Grounds for Granting Statute relating to amendments permits substantive amendments to pleadings when they are necessary for prevention of injustice. RSA 514:9. 2. Pleading — […]
CHENETTE v. TEEHAN, 63 N.H. 149 (1884)
CHENETTE v. TEEHAN. Supreme Court of New Hampshire Hillsborough. Decided June, 1884. A bailee’s violation of his Sunday contract for the exercise of care in the Sunday use of the thing bailed is not actionable. Page 150 CASE, “for that the defendant on the seventh day of October, 1883, at said Manchester, hired of the […]
STATE DEP’T OF HEALTH WELFARE v. BLAISDELL, 118 N.H. 5 (1978)
381 A.2d 1201 THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF HEALTH WELFARE DIVISION OF PUBLIC HEALTH SERVICES v. GEORGE BLAISDELL No. 7931Supreme Court of New Hampshire Strafford Decided January 16, 1978 1. Contempt — Burden of Proof In criminal contempt proceeding, State must prove beyond reasonable doubt that defendant is in violation of court order. […]
MANCHESTER v. HUARD, 113 N.H. 81 (1973)
301 A.2d 719 CITY OF MANCHESTER v. FRANCIS HUARD AND ROBERT M. DUVALL, COMMISSIONER OF LABOR No. 6493Supreme Court of New Hampshire Hillsborough Decided February 28, 1973 1. Injuries received by a municipal police officer who was assaulted during the making of an arrest while on an off-duty job as a guard at a private […]
WILSON v. RAILWAY, 78 N.H. 142 (1916)
97 A. 981 WILLIAM WILSON, Adm’r, v. GRAND TRUNK RAILWAY COMPANY. Supreme Court of New Hampshire Coos. Decided March 7, 1916. A railroad engaged in interstate commerce is not liable under the federal employers’ liability act (35 U.S. Stat. 65) for injuries received by one of its employees so engaged, where the sole cause of […]
PORTSMOUTH v. BANK, 76 N.H. 577 (1912)
83 A. 459 PORTSMOUTH v. NEW HAMPSHIRE NATIONAL BANK. Supreme Court of New Hampshire Rockingham. Decided May 7, 1912. BILL IN EQUITY, filed August 2, 1911. By a resolution adopted December 14, 1911, the city council directed the city solicitor to discontinue the suit and instructed the mayor to arrange for a dismissal of the […]
COFRAN v. GRIFFIN, 85 N.H. 29 (1931)
153 A. 817 HENRY P. COFRAN v. JOHN F. GRIFFIN, Commissioner, a. Supreme Court of New Hampshire Merrimack. Decided March 3, 1931. Fines imposed by the municipal court of a town for violations of Laws 1929, c. 119, requiring drivers of vehicles to stop at certain stop signals, belong to the town under P. L., […]
NUTT v. MANCHESTER, 58 N.H. 226 (1877)
NUTT v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided December, 1877. In an action brought against a city for negligence, in causing water to flow from the city sewer through the plaintiff’s drain into his cellar, the fact that the plaintiff has not complied with a city ordinance in the mode of connecting his […]
FIDELITY ETC. CO. v. BUCKLEY, 75 N.H. 506 (1910)
77 A. 402 FIDELITY DEPOSIT CO. v. BUCKLEY a. Supreme Court of New Hampshire Coos. Decided July 1, 1910. Where a bond provides that the principal obligor shall indemnify his sureties in the event of forfeiture, they are entitled to have the indemnitor pay the debt and thereby save them harmless, and may ordinarily obtain […]
STATE v. KING, 146 N.H. 717 (2001)
781 A.2d 1002 THE STATE OF NEW HAMPSHIRE v. JASON KING No. 99-633Supreme Court of New Hampshire Grafton Decided August 28, 2001 1. Criminal Law — New Hampshire Constitution — Due Process In order to establish a violation of his constitutional right to due process, defendant must show that testimony he was precluded from introducing […]
CUTTING v. WHITTEMORE, 72 N.H. 107 (1903)
54 A. 1098 CUTTING v. WHITTEMORE. Supreme Court of New Hampshire Sullivan. Decided April 7, 1903. Where notes signed by conditional vendees and secured by a lien upon the property sold are taken up, and individual notes of one of the original promisors are given in place thereof, the transaction will not work a novation […]
STATE v. MATEY, 153 N.H. 263 (2006)
THE STATE OF NEW HAMPSHIRE v. KARL MATEY. No. 2005-071.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: January 11, 2006. Opinion Issued: February 15, 2006. 1. Appeal and Error — Plain Error — Generally The plain error rule allows consideration of errors not brought to the attention of the trial court. 2. Appeal and Error […]
WATKINS v. RAILROAD, 81 N.H. 363 (1924)
127 A. 701 ARTHUR J. WATKINS v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided November 5, 1924. A stipulation filed by a corporation in compliance with and accepting the terms of a decree dissolving a receivership and restoring to the corporation its property in the hands of the receiver, and providing that […]
STATE v. BERUBE, 123 N.H. 771 (1983)
465 A.2d 509 THE STATE OF NEW HAMPSHIRE v. TIMOTHY E. BERUBE No. 82-467Supreme Court of New Hampshire Strafford Decided August 31, 1983 1. Constitutional Law — Miranda Warning — Waiver Before statements made by a criminal defendant during custodial interrogation may be introduced into evidence in this State, the prosecution must prove beyond a […]
APPEAL OF MARTINO, 138 N.H. 612 (1994)
644 A.2d 546 APPEAL OF HENRY MARTINO (New Hampshire Department of Labor Compensation Appeals Board) No. 92-437Supreme Court of New Hampshire Compensation Appeals Board Decided June 30, 1994 1. Workers’ Compensation — Proceedings To Secure Compensation — Generally Claimant in a workers’ compensation disability case must show, at minimum, a current work-related disability. RSA 281-A:28, […]
PRESCOTT v. FARMER, 59 N.H. 90 (1879)
PRESCOTT, Adm’r, v. FARMER, Adm’x, Ap’t. Supreme Court of New Hampshire Merrimack. Decided June, 1879. In an appeal by an administrator from the allowance of a claim by the commissioner of insolvency, no bond is required. An administrator de bonis non is the proper person to recover a balance found in a former administrator’s hands […]
PAGE v. NORTHEAST COMBUSTION SERV., INC., 113 N.H. 575 (1973)
311 A.2d 119 DOUGLAS E. PAGE v. NORTHEAST COMBUSTION SERVICE, INC. NORTHEAST COMBUSTION SERVICE, INC. v. DOUGLAS E. PAGE No. 6585Supreme Court of New Hampshire Sullivan Decided October 31, 1973 1. Evidence warranted master’s finding in an action by contractor against subcontractor that subcontractor had substantially performed its part Page 576 of oral agreement and […]
STAFFING NETWORK v. PIETROPAOLO, 145 N.H. 456 (2000)
764 A.2d 905 STAFFING NETWORK, INC. v. GEORGE PIETROPAOLO No. 98-258Supreme Court of New Hampshire Manchester District Court Decided December 5, 2000 1. Pleading — Motion To Dismiss — Burden of Proof At the motion to dismiss stage, a plaintiff must offer affirmative proof of facts relating to personal jurisdiction, and a prima facie showing […]
PICKERING v. FRINK, 62 N.H. 342 (1882)
PICKERING v. FRINK. Supreme Court of New Hampshire Rockingham. Decided December, 1882. On a trial by jury of a cause which has been heard by an auditor, the defendant cannot deprive the plaintiff of the benefit of the auditor’s report as evidence by confessing a part of the plaintiff’s claim. An unqualified admission of a […]
APPEAL OF CONCORD NATURAL GAS CORP., 121 N.H. 685 (1981)
433 A.2d 1291 APPEAL OF CONCORD NATURAL GAS CORPORATION a. (New Hampshire Public Utilities Commission) No. 80-502Supreme Court of New Hampshire Public Utilities Commission Decided August 5, 1981 1. Administrative Law — Powers of Agency — Delineation An administrative agency must act within its delegated powers. 2. Administrative Law — Powers of Agency — Source […]
MESSER v. SMYTH, 60 N.H. 436 (1881)
MESSER a. v. SMYTH a. Supreme Court of New Hampshire Rockingham. Decided June, 1881. In a suit on a note secured by mortgage, the parties are not deprived of a right of review by an agreement that judgment shall be rendered for the amount of the verdict of the jury in a suit on the […]
DOW v. DOW, 77 N.H. 150 (1914)
89 A. 450 EDWARD DOW v. GEORGE H. DOW. Supreme Court of New Hampshire Merrimack. Decided January 6, 1914. Whether a witness is hostile, and whether for that reason he may be impeached or contradicted by the party calling him, are questions of fact determinable by the trial court. An affidavit which contains statements relevant […]
REMSBURG v. DOCUSEARCH, 149 N.H. 148 (2003)
816 A.2d 1001 HELEN REMSBURG, ADMINISTRATRIX OF THE ESTATE OF AMY LYNN BOYER v. DOCUSEARCH, INC., d/b/a DOCUSEARCH.COM a. No. 2002-255Supreme Court of New Hampshire U.S. District CourtArgued November 14, 2002 Opinion Issued February 18, 2003 1. Negligence — Duty — Generally Parties owe a duty to those third parties foreseeably endangered by their conduct […]