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 […]
Category: New Hampshire Court Opinions
POTI v. COMPANY, 83 N.H. 232 (1928)
140 A. 587 SOFIA POTI v. NEW ENGLAND ROAD MACHINERY COMPANY. Supreme Court of New Hampshire Sullivan. Decided February 7, 1928. P. L., c. 100, ss. 32-33, providing for service upon the commissioner of motor vehicles in actions against non-resident operators thereof for injuries thereby inflicted when in operation upon the highways of this state […]
STATE v. EMERY, 123 N.H. 630 (1983)
465 A.2d 922 THE STATE OF NEW HAMPSHIRE v. ROGER W. EMERY No. 81-464Supreme Court of New Hampshire Cheshire Decided August 31, 1983 1. Appeal and Error — Preservation of Questions — Specific Objections Where defendant failed at oral argument on his motion to suppress to make the specific argument he raised on appeal, that […]
PALMER v. COMPANY, 79 N.H. 28 (1918)
103 A. 943 HERBERT E. PALMER v. DUPLEX TRUCK COMPANY Tr. Supreme Court of New Hampshire Grafton. Decided June 4, 1918. In trustee-process, a trustee cannot be charged upon a contract to indemnify the principal defendant, if he has no right of action thereon against the trustee. If, in such case, there is no jurisdiction […]
STATE v. MIHOY, 98 N.H. 38 (1953)
93 A.2d 661 STATE v. GEORGE MIHOY. No. 4172.Supreme Court of New Hampshire Merrimack. Decided January 6, 1953. In an indictment for breaking and entering an eating establishment in the nighttime and committing larceny therein certain photographs and other reproductions of footprints and shoe marks in the snow were admissible to show their correspondence with […]
STATE v. HAMILTON, 123 N.H. 686 (1983)
465 A.2d 495 THE STATE OF NEW HAMPSHIRE v. MARCIA C. HAMILTON THE STATE OF NEW HAMPSHIRE v. ROBERT A. BELANGER No. 82-158Supreme Court of New Hampshire Hillsborough Decided August 31, 1983 1. Criminal Law — Sentence — Determination Where the two defendants were initially convicted in district court of disorderly conduct and resisting arrest, […]
SWAN v. BURNHAM, 70 N.H. 580 (1900)
49 A. 93 SWAN a. v. BURNHAM a. Supreme Court of New Hampshire Hillsborough. Decided December, 1900. Where a hotel company contracts debts exceeding one half the value of the corporate property, a cause of action to enforce the individual liability of the directors accrues to existing creditors at the time the indebtedness in excess […]
WEBBER v. LORANGER, 79 N.H. 3 (1918)
103 A. 1050 WILLIAM A. WEBBER v. FRANK LORANGER. Supreme Court of New Hampshire Hillsborough. Decided April 2, 1918. Assumpsit lies against the owner of premises for breach of his oral promise to make repairs, in consideration of the plaintiff’s execution and acceptance of a written lease: such promise being collateral to the lease is […]
SHELL OIL CO. v. MANCHESTER, 101 N.H. 76 (1957)
133 A.2d 501 SHELL OIL COMPANY v. MANCHESTER. No. 4576.Supreme Court of New Hampshire Hillsborough.Argued May 7, 1957. Decided June 20, 1957. 1. The provisions of a zoning ordinance of a city granting to the board of adjustment in addition to its general statutory powers (RSA 31:66) authority to “permit a garage, filling station . […]
WELCH v. RAILROAD, 68 N.H. 206 (1894)
44 A. 304 WELCH a. v. CONCORD RAILROAD. Supreme Court of New Hampshire Merrimack. Decided December, 1894. Railroad proprietors are not liable under G. L., c. 162, s. 8, for the destruction by fire communicated from their locomotives of goods stored in a freight-house; nor as common carriers, after a reasonable opportunity for the removal […]
LAKE COMPANY v. LACONIA, 73 N.H. 337 (1905)
61 A. 676 WINNIPISEOGEE LAKE COTTON AND WOOLEN MANUFACTURING CO. v. LACONIA. SAME v. SAME. SAME v. SAME. SAME v. SAME. Supreme Court of New Hampshire Belknap. Decided June 29, 1905. The mere fact that the plaintiff’s property is assessed upon a lower valuation than that of other similar property in the town does not […]
BURNS v. COTE, 87 N.H. 74 (1934)
173 A. 806 ROBERT F. BURNS v. EMILE COTE. Supreme Court of New Hampshire Hillsborough. Decided June 28, 1934. In case for negligence the mere fact that a plaintiff realized that his position was one of danger does not preclude his recovery. Exceptions to argument having been irregularly taken, were overruled. An objectionable part of […]
TOWNE v. STARCH CO., 62 N.H. 694 (1882)
TOWNE a. v. LANCASTER STARCH CO. a. Supreme Court of New Hampshire Coos. Decided June, 1882. IN EQUITY. Facts found by the court. Ray, Drew Jordan, Bingham, Mitchells Batchellor, and Bingham Aldrich, for the plaintiffs. W. H. Heywood and Ladd Fletcher, for the defendants. DOE, C. J. By agreement of parties or further trial, there […]
UNION MUT. FIRE INS. CO. v. KING, 113 N.H. 39 (1973)
300 A.2d 335 UNION MUTUAL FIRE INSURANCE COMPANY v. ROBERT N. KING AND GLOBE INDEMNITY COMPANY No. 6476Supreme Court of New Hampshire Belknap Decided January 31, 1973 1. Injuries suffered in a fall on an icy driveway by a person pushing an insured automobile were held to have arisen from the ownership, maintenance, or use […]
LANOUE, BY AND THROUGH HER LEGAL GUARDIAN, 146 N.H. 504 (2001)
774 A.2d 1236 SHIRLEY C. LANOUE, BY AND THROUGH HER LEGAL GUARDIAN, OFFICE OF PUBLIC GUARDIAN v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION No. 2000-399Supreme Court of New Hampshire U.S. District Court Decided June 19, 2001 John D. MacIntosh, of Concord, by brief, for the plaintiff. Paul M. Gagnon, United States Attorney (David L. Broderick, Assistant United […]
PETITION OF BROOKS, 140 N.H. 813 (1996)
678 A.2d 140 PETITION OF TROY E. BROOKS No. SMC-95-001Supreme Court of New Hampshire Original Decided May 8, 1996 1. Constitutional Law — Judicial Powers and Duties — Mootness The court generally will refuse to review a question that no longer presents a justiciable controversy because issues involved have become academic or dead, but may […]
APPEAL OF ASTRO SPECTACULAR, 138 N.H. 298 (1994)
639 A.2d 249 APPEAL OF ASTRO SPECTACULAR, INC. (New Hampshire Department of Safety) No. 92-466Supreme Court of New Hampshire Department of Safety Decided March 18, 1994 1. Constitutional Law — Judicial Powers and Duties — Disposition on Other Grounds Since appeal from denial of application to renew license to sell fireworks could be resolved on […]
FROST v. WINGATE, 73 N.H. 535 (1906)
64 A. 19 FROST a. v. WINGATE a. Supreme Court of New Hampshire Rockingham. Decided May 1, 1906. Where a will bequeaths certain articles of personalty upon condition that the beneficiary shall pay the debts and expenses of administration, and specifically disposes of the remainder of the estate to various persons without a general residuary […]
FOSTER v. FARRAND, 81 N.H. 448 (1925)
128 A. 683 WILLIAM A. FOSTER, Ex’r, Ap’t, v. GEORGE E. FARRAND, State Treasurer. Supreme Court of New Hampshire Merrimack. Decided January 26, 1925. Under the New Hampshire constitution, property cannot be classified for purposes of an inheritance tax upon any other basis than that of property taxable and non-taxable. An inheritance tax law imposing […]
DUPUIS v. SMITH PROPERTIES, INC., 114 N.H. 625 (1974)
325 A.2d 781 RODERICK DUPUIS v. SMITH PROPERTIES, INC., d.b.a. R. H. SMITH COMPANY No. 6872Supreme Court of New Hampshire Grafton Decided September 30, 1974 1. The pragmatic view of liberally allowing amendments in this State so as not to permit procedural error or omission to frustrate the maintenance of a valid action is embodied […]
APPEAL OF ASS’N OF N.H. UTILITIES, 122 N.H. 770 (1982)
451 A.2d 164 APPEAL OF THE ASSOCIATION OF NEW HAMPSHIRE UTILITIES APPEAL OF GAS SERVICE, INC. (New Hampshire Public Utilities Commission) No. 81-481 No. 82-001 No. 82-006Supreme Court of New Hampshire Public Utilities Commission Decided September 3, 1982 1. Public Utilities — Regulatory Agencies — Appeals From Supreme court will not set aside an order […]
IN RE ATHENA D., 162 N.H. 232 (2011)
IN RE ATHENA D. No. 2011-038.Supreme Court of New Hampshire. Merrimack County Probate Court.Submitted: May 12, 2011. Opinion Issued: June 30, 2011. 1. Courts — Probate Jurisdiction —Powers A probate court is not a court of general jurisdiction. Its powers are limited to those conferred upon it by statute. 2. Parent and Child — Generally […]
MOORE v. LEBANON, 96 N.H. 20 (1949)
69 A.2d 516 BRENDAN J. MOORE v. TOWN OF LEBANON a. SAME v. NORRIS COTTON a. No. 3854.Supreme Court of New Hampshire Grafton. Decided November 1, 1949. An order of the Trial Court of “neither party, no further action for the same cause” is in effect a judgment and bars any further action for the […]
STATE v. VINCENT, 139 N.H. 45 (1994)
648 A.2d 478 THE STATE OF NEW HAMPSHIRE v. JACK VINCENT No. 93-420Supreme Court of New Hampshire Belknap Decided September 29, 1994 1. Appeal and Error — Scope of Review — Jury Instructions Any allegations of error will be evaluated by interpreting the disputed instructions in their entirety, as a reasonable juror would have understood […]
OPINION OF THE COURT, 58 N.H. 621 (1877)
OPINION OF THE COURT. Supreme Court of New Hampshire Decided April 23, 1877. The governor and council are not judges of the elections of state senators or representatives in congress, and cannot reject votes which the town-clerks’ returns show were declared by the moderators at such elections. It is the duty of the governor and […]
ROY v. STATE, 104 N.H. 513 (1963)
191 A.2d 522 EDWARD J. ROY v. STATE. No. 5086.Supreme Court of New Hampshire Hillsborough.Argued February 6, 1963. Decided May 28, 1963. 1. In the assessment of damages for the taking for highway purposes of portion of plaintiff’s land which he purchased for development and subdivision into house lots according to plan, and had sold […]
WIKE v. ALLISON, 105 N.H. 393 (1964)
200 A.2d 860 EDWIN WIKE v. ARTHUR ALLISON. No. 5214.Supreme Court of New Hampshire Hillsborough.Argued April 8, 1964. Decided June 2, 1964. 1. In an action at common law for injuries sustained by a dog the burden of proof is upon the plaintiff to establish that the owner of the dog knew or had reason […]
SINTROS v. HAMON, 148 N.H. 478 (2002)
MICHAEL M. SINTROS a. v. THOMAS HAMON a. No. 2001-594Supreme Court of New Hampshire CheshireSubmitted July 26, 2002 Opinion Issued October 29, 2002 1. Insurance — Agents and Brokers — Duties An insurance agent owes clients a duty of reasonable care and diligence, but absent a special relationship, that duty does not include an affirmative, […]
COGSWELL v. RAILROAD, 68 N.H. 192 (1894)
44 A. 293 COGSWELL, Adm’r, v. CONCORD MONTREAL RAILROAD. Supreme Court of New Hampshire Belknap. Decided December, 1894. A release by an administrator is a good plea in bar to an action under P. S., c. 191, ss. 8-13, for the benefit of a widow and minor children. CASE, for negligently causing the death of […]
CONN. RIVER POWER CO. v. DICKINSON, 75 N.H. 353 (1909)
74 A. 585 CONNECTICUT RIVER POWER CO. v. DICKINSON a. Supreme Court of New Hampshire Cheshire. Decided November 2, 1909. An expert upon the question of land values, who has testified as to his dealings in realty, may be examined as to the extent of his ownership of real estate in the vicinity of the […]
CORWIN v. HOOD, 58 N.H. 401 (1878)
CORWIN v. HOOD. Supreme Court of New Hampshire Rockingham. Decided August, 1878. In the construction of written instruments, the intention of the parties is what is sought; and to ascertain that intention, regard may be had to the nature of the instrument itself, the situation of the parties executing it, and the purpose they had […]
STATE v. SMAGULA, 133 N.H. 600 (1990)
578 A.2d 1215 THE STATE OF NEW HAMPSHIRE v. PETER SMAGULA No. 89-412Supreme Court of New Hampshire Hillsborough Decided August 29, 1990 1. Evidence — Failure To Preserve — State’s Burden of Proof Once defendant demonstrates that State has failed to preserve apparently relevant evidence, State has burden of showing that it acted in good […]
IN RE BARNHART ESTATE, 102 N.H. 519 (1960)
162 A.2d 168 IN RE WILLIAM G. BARNHART ESTATE. No. 4833.Supreme Court of New Hampshire Grafton Probate Court.Argued April 6, 1960. Decided June 27, 1960. 1. The construction of wills and the interpretation of state statutes regulating the devolution of property in adversary proceedings are, for federal tax purposes, matters of state law and not […]
MILTIMORE v. COMPANY, 89 N.H. 272 (1938)
197 A. 330 MARJORIE D. MILTIMORE v. MILFORD MOTOR CO. a. Supreme Court of New Hampshire Hillsborough. Decided February 1, 1938. Though by the law of the forum a wife may recover for the tort of her husband, the lex loci delicti determines whether she may recover against him for his tort committed in another […]
STATE v. HESS, 118 N.H. 491 (1978)
387 A.2d 1183 THE STATE OF NEW HAMPSHIRE v. LINCOLN HESS No. 78-075Supreme Court of New Hampshire Rockingham Decided June 27, 1978 1. Constitutional Law — Due Process — Notice and Hearing An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all […]
KELLEY v. HOPKINTON VILLAGE PRECINCT, 108 N.H. 206 (1967)
231 A.2d 269 IVY YOUNG KELLEY v. HOPKINTON VILLAGE PRECINCT. No. 5638.Supreme Court of New Hampshire Merrimack.Argued June 7, 1967. Decided June 30, 1967. 1. The statute (RSA 31:77, 79, 80) providing for appeal from a decision of the zoning board of adjustment imposes no requirement of notice thereof to any party in advance of […]
CUNNINGHAM v. SINGER, 111 N.H. 159 (1971)
277 A.2d 318 ROBERT F. CUNNINGHAM v. ANNA SINGER. No. 6123.Supreme Court of New Hampshire Grafton, Decided April 30, 1971. 1. For an action of specific performance to be maintained, a contract to sell land, or a memorandum thereof, must be in writing and signed by the party to be charged (RSA 506:1), must identify […]
CARR v. ADAMS, 70 N.H. 622 (1899)
45 A. 1090 CARR v. ADAMS. Supreme Court of New Hampshire Grafton. Decided June, 1899. BILL IN EQUITY, for the determination of confused and uncertain boundaries between the parties. At the May trial term, 1899, the defendant moved that the plaintiff be required, under the 26th rule of court, to file a deposition taken by […]
STATE v. WHITE, 105 N.H. 159 (1963)
196 A.2d 33 STATE v. CHARLES WHITE. No. 5156.Supreme Court of New Hampshire Cheshire.Argued October 1, 1963. Decided December 3, 1963. 1. In indictments for aggravated assault, kidnapping and robbery it was within the discretion of the Trial Court to excuse a juror for cause where the juror had employed one of respondent’s attorneys who […]
RICHARDSON v. SMITH, 59 N.H. 517 (1880)
RICHARDSON a. v. SMITH. Supreme Court of New Hampshire Rockingham. Decided June, 1880. A judgment rendered by a justice of the peace, in a matter of which he has exclusive jurisdiction, will not be quashed on certiorari because his decision was not announced at the close of the hearing, especially if no objection is made […]
STATE v. WOODS, 139 N.H. 399 (1995)
654 A.2d 960 THE STATE OF NEW HAMPSHIRE v. KENT WOODS No. 93-353Supreme Court of New Hampshire Derry District Court Decided February 3, 1995 1. Statutes — Maxims and Rules of Construction — Interpretation as a Whole On questions of statutory interpretation, the New Hampshire Supreme Court is the final arbiter of the intent of […]
ROLLINS ENGINE CO. v. FORGE CO., 73 N.H. 92 (1904)
59 A. 382 ROLLINS ENGINE CO. v. EASTERN FORGE CO. Supreme Court of New Hampshire Hillsborough. Decided November 1, 1904. A warranty not expressed in or implied from the terms of a written contract cannot be supplied by implication of law or parol proof. In the absence of an express warranty, one who undertakes to […]
STATE v. TORRES, 121 N.H. 828 (1981)
435 A.2d 527 THE STATE OF NEW HAMPSHIRE v. FRANK W. TORRES, JR. No. 79-450Supreme Court of New Hampshire Cheshire Decided October 1, 1981 1. Criminal Law — Plea of Guilty — Voluntariness Where defendant, who entered, and subsequently challenged, plea of guilty to second-degree murder, not only had the charge, which included all the […]
PIERCE v. RAILROAD, 83 N.H. 466 (1928)
143 A. 903 MARY E. PIERCE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Grafton. Decided December 4, 1928. A bridge carrying highway travel over a railroad’s tracks is a crossing within the meaning of P. L., c. 249, s. 1, and it is the duty of the railroad to exercise reasonable care to […]
CLARK’S CASE, 136 N.H. 497 (1992)
619 A.2d 220 CLARK’S CASE No. LD-92-008Supreme Court of New Hampshire Original Decided December 18, 1992 1. Attorney and Client — Reprimand, Suspension and Disbarment — Particular Cases Private reprimand previously given attorney relating to separate matter could be considered by supreme court in determining sanction for attorney’s failure to cooperate with committee on professional […]
CARPENTER v. BRITTON, 61 N.H. 430 (1881)
CARPENTER v. BRITTON. Supreme Court of New Hampshire Cheshire. Decided December, 1881. In trespass qu cl. the plaintiff may recover full costs, although the damages recovered do not exceed $13.33, and although on the trial the defendant does not contest the plaintiff’s title, if he was induced to bring his action in the supreme court […]
MONROE v. LUMBER CO., 68 N.H. 89 (1894)
39 A. 1019 MONROE v. CONNECTICUT RIVER LUMBER Co. a. Supreme Court of New Hampshire Grafton. Decided June, 1894. A town may maintain an action on the case for the obstruction or destruction of highways within its limits. A declaration alleging as the cause of injury distinct acts of negligence, by different defendants, at separate […]
ATTORNEY-GENERAL v. BARTLETT, 75 N.H. 388 (1909)
74 A. 877 ATTORNEY-GENERAL (ex rel. WEST) v. BARTLETT a. Supreme Court of New Hampshire Merrimack. Decided December 7, 1909. The statute relating to the manner of conducting elections (Laws 1897, c. 78) contains no provision prohibiting a voter from placing a distinguishing mark upon his ballot, or subjecting him to a penalty for so […]
MUTUAL BENEFIT LIFE INS. CO. v. GRUETTE, 129 N.H. 317 (1987)
529 A.2d 870 MUTUAL BENEFIT LIFE INSURANCE COMPANY v. DAVID A. GRUETTE No. 85-529Supreme Court of New Hampshire Rockingham Decided May 28, 1987 1. Insurance — Application for — Falsity The test of the materiality of a false statement made without actual intent to deceive in an application for insurance is whether the statement could […]
IN RE JUVENILE 2002-209, 149 N.H. 559 (2003)
825 A.2d 476 IN RE JUVENILE 2002-209 No. 2002-209Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued March 5, 2003 Opinion Issued June 9, 2003 1. Discovery — Production of Documents or Objects — Procedure State mandating when records from the department of health and human services must be filed with the trial court and made […]
WRIGHT v. DUNN, 134 N.H. 669 (1991)
596 A.2d 729 BRANT C. WRIGHT AND NANCY J. WRIGHT v. ELEANOR DUNN No. 90-312Supreme Court of New Hampshire Hillsborough Decided October 4, 1991 1. Negligence — Liability — Generally Recovery on an action for negligence requires that there be a duty and a breach thereof, with this breach causing damages. 2. Verdict — Form […]
STATE v. BARDSLEY, 125 N.H. 696 (1984)
484 A.2d 1187 THE STATE OF NEW HAMPSHIRE v. JAMES H. BARDSLEY, III No. 84-114Supreme Court of New Hampshire Hillsborough Decided November 13, 1984 Courts — District Court — Rules District court rule authorizing criminal defendant to plead guilty, waive trial and appeal to the superior court for a trial de novo did not conflict […]
MOODY v. CUNNINGHAM, 127 N.H. 550 (1986)
503 A.2d 819 THEODORE MOODY v. MICHAEL CUNNINGHAM, WARDEN THE STATE OF NEW HAMPSHIRE v. BRIAN DANEAULT No. 84-492 No. 85-094Supreme Court of New Hampshire Merrimack Hillsborough Decided January 6, 1986 1. Appeal and Error — Questions Considered on Appeal — Moot Questions The question of mootness is a matter of convenience and discretion, and […]
ARFANIS v. BANK, 87 N.H. 380 (1935)
180 A. 251 SOTIROS ARFANIS v. CLAREMONT NATIONAL BANK a. Supreme Court of New Hampshire Sullivan. Decided June 27, 1935. In trustee-process if unliquidated claims of the debtor against the trustee become liquidated after service of the process on the trustee they are held thereby. The debtor’s general right to require the creditor to make […]
STATE v. DECOSTA, 146 N.H. 405 (2001)
772 A.2d 340 THE STATE OF NEW HAMPSHIRE v. DANA DECOSTA. No. 99-249Supreme Court of New Hampshire Grafton Decided May 9, 2001 1. Evidence — Expert Testimony — Psychological Testimony Expert testimony regarding child sexual abuse accommodation syndrome to educate the jury about general characteristics of sexually abused children is valid as long as the […]
STATE v. MORGAN, 59 N.H. 322 (1879)
STATE v. MORGAN a. Supreme Court of New Hampshire Belknap. Decided December, 1879. When the statute of 1791, directing proceedings in case of forcible entry or detainer of lands or tenements, was repealed, in the revision of the statutes in 1842, the common law and English statutes in relation to such proceedings, so far as […]
NAUTILUS OF EXETER v. TOWN OF EXETER, 139 N.H. 450 (1995)
656 A.2d 407 NAUTILUS OF EXETER, INC. a. v. TOWN OF EXETER AND EXETER HOSPITAL No. 94-159Supreme Court of New Hampshire Rockingham Decided March 23, 1995 1. Zoning and Planning — Judicial Review — Standing Only “persons aggrieved” have standing to appeal planning and zoning board decisions to the superior court. RSA 677:4, :15. 2. […]
SCHAEFER v. EASTMAN COMMUNITY ASSOC., 150 N.H. 187 (2003)
836 A.2d 752 PHILLIP SCHAEFER a. v. EASTMAN COMMUNITY ASSOCIATION. No. 2002-689.Supreme Court of New Hampshire SullivanArgued: September 11, 2003. Opinion Issued: October 27, 2003. 1. Associations — Generally — Powers Because an association’s power should be interpreted broadly, the association, through its appropriate governing body, is entitled to exercise all powers of the community […]
EATON v. CLARKE, 80 N.H. 586 (1921)
112 A. 909 LYMAN B. EATON v. LIZZIE H. CLARKE a., Ex’rs. Supreme Court of New Hampshire Sullivan. Decided January 4, 1921. Per Curiam. The questions argued cannot be determined upon the facts agreed. Hurd Kinney, for the plaintiff. Ira G. Colby, for the defendant. Case discharged.
DESCHENES v. RAILROAD, 69 N.H. 285 (1897)
46 A. 467 DESCHENES, Adm’r, v. CONCORD MONTREAL RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided December, 1897. In an action against a railroad company for injuries to a freight brakeman by reason of a defective bridge guard, it is incumbent upon the plaintiff to present evidence from which the existence of the defect alleged […]
SCHWARTZ v. COMPANY, 82 N.H. 177 (1925)
131 A. 352 DAVID SCHWARTZ a. v. MARYLAND CASUALTY COMPANY. Supreme Court of New Hampshire Hillsborough. Decided December 3, 1925. A general agent has implied authority to act without restriction or qualification in all matters relating to the business of his principal. A party dealing with such an agent is not affected by private orders […]
STATE v. CHAPLINSKY, 91 N.H. 527 (1940)
31 A.2d 49 STATE v. WALTER CHAPLINSKY. No. 3211.Supreme Court of New Hampshire Strafford. Decided October 1, 1940. Per Curiam. Upon the defendant’s petition for stay of execution of the sentence upon his conviction in the Superior Court for violation of Public Laws, c. 378, s. 2, it appears, upon hearing, that a substantial question […]
FLETCHER v. COTTON, 81 N.H. 243 (1924)
123 A. 889 LILLIAN R. FLETCHER, Adm’x, v. CARL COTTON, Trustee, a. Supreme Court of New Hampshire Hillsborough. Decided February 5, 1924. A widow upon electing to take her statutory rights under P. S., c. 195, ss. 10, 11, and filing the waiver and release of other rights therein prescribed, becomes vested with an absolute […]
OPINION OF THE JUSTICES, 97 N.H. 533 (1951)
81 A.2d 845 OPINION OF THE JUSTICES. No. 4057.Supreme Court of New Hampshire Decided May 15, 1951. Tangible personal property sold at retail is properly taxable under the Constitution, Part II, Art. 6, as “other classes of property.” The taxation of goods by property tax during the process of manufacture, and again in different form, […]
FOSTER v. BEDELL, 136 N.H. 728 (1993)
621 A.2d 936 ROBERT FOSTER, SR. v. GARY C. BEDELL a. No. 91-590Supreme Court of New Hampshire Merrimack Decided March 11, 1993 1. Judgments — Res Judicata — Applicability of Doctrine A voluntary nonsuit, if allowed by the court, is not a bar to a second action. RSA 508:10; RESTATEMENT (SECOND) OF JUDGMENTS § 20 […]
MUDGETT v. McDONALD, 85 N.H. 508 (1932)
161 A. 33 SCOTT W. MUDGETT v. CLIFFORD McDONALD a. Supreme Court of New Hampshire Belknap. Decided June 7, 1932. A motion for a nonsuit based solely on the ground that there is conclusive evidence of the plaintiff’s fault is a waiver of the issue whether there is any evidence of the defendant’s fault. A […]
STATE v. PARKER, 127 N.H. 525 (1985)
503 A.2d 809 THE STATE OF NEW HAMPSHIRE v. GEORGE PARKER No. 84-585Supreme Court of New Hampshire Rockingham Decided December 31, 1985 1. Searches and Seizures — Acts Constituting Seizure — Fourth Amendment Standards An individual is seized for fourth amendment purposes if, in view of all the circumstances surrounding the incident, a reasonable person […]
STATE v. CALLAGHAN, 125 N.H. 449 (1984)
480 A.2d 209 THE STATE OF NEW HAMPSHIRE v. BEATRICE CALLAGHAN No. 84-018Supreme Court of New Hampshire Cheshire Decided August 13, 1984 1. Criminal Law — Sentence — Suspension Where defendant who was convicted of armed robbery and sentenced to a prison term of not less than two nor more than seven and one-half years, […]
VAN DER STOK v. VAN VOORHEES, 151 N.H. 679 (2005)
866 A.2d 972 FRANK VAN DER STOK v. WAYNE VAN VOORHEES. No. 2004-231.Supreme Court of New Hampshire Grafton.Argued: October 20, 2004. Opinion Issued: January 24, 2005. 1. Appeal and Error — Filing of Notice of Appeal — Timeliness When a trial court issues an order that does not conclude the proceedings before it, for example, […]
ASSOCIATED PRESS v. STATE OF N.H., 153 N.H. 120 (2005)
888 A.2d 1236 THE ASSOCIATED PRESS a. v. THE STATE OF NEW HAMPSHIRE. No. 2004-830.Supreme Court of New Hampshire Merrimack.Argued: October 20, 2005. Opinion Issued: December 30, 2005. 1. Courts — Court Administration — Records The common law right of access to court records provides that, absent special circumstances, those things which are filed in […]
DOBE v. COMMR., NEW HAMPSHIRE DEPT., 147 N.H. 458 (2002)
791 A.2d 184 CHRISTOPHER DOBE v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES a. No. 2000-521Supreme Court of New Hampshire Hillsborough-southern judicial district Decided February 22, 2002 1. Limitation of Actions — Accrual of Actions — Discovery Rule Once defendant has established that the statute of limitations would bar an action, plaintiff has […]
THERRIEN v. SULLIVAN, 153 N.H. 211 (2006)
ROBERT THERRIEN v. MARK F. SULLIVAN. No. 2005-290.Supreme Court of New Hampshire U.S. District Court.Argued: October 20, 2005. Opinion Issued: January 27, 2006. 1. Attorneys — Malpractice — Burden of Proof A civil malpractice action requires proof of (1) an attorney-client relationship, which triggers a duty on the part of the attorney to exercise reasonable […]
RINDGE v. SARGENT, 64 N.H. 294 (1886)
9 A. 723 RINDGE v. SARGENT. Supreme Court of New Hampshire Cheshire. Decided December, 1886. The reasonableness of a use of land which obstructs the flow of surface-water over it is determined by its operation upon the interests of all parties affected by it. BILL IN EQUITY, to restrain the defendant from obstructing the free […]
PROCTOR v. BLANCHARD, 75 N.H. 186 (1909)
72 A. 210 PROCTOR v. BLANCHARD, Adm’r. Supreme Court of New Hampshire Hillsborough. Decided February 2, 1909. In an action against an administrator to recover upon a promissory note indorsed by the decedent, the maker of the note, if neither technically nor substantially a party to the suit, is not precluded from testifying by section […]
TOWNSEND v. SAVINGS BANK, 76 N.H. 573 (1911)
80 A. 226 TOWNSEND, Adm’x, v. PORTSMOUTH SAVINGS BANK. Supreme Court of New Hampshire Rockingham. Decided June 6, 1911. ASSUMPSIT, for money had and received. Trial by the court. Transferred from the October term, 1910, of the superior court by Chamberlin, J., on an agreed statement of facts. William Mathes died in May, 1881, having […]
N.H. FINANCE CORP’N v. LaMARCHE, 85 N.H. 205 (1931)
155 A. 697 NEW HAMPSHIRE FINANCE CORPORATION v. DOMINA LaMARCHE. Supreme Court of New Hampshire Municipal Court of Manchester. Decided June 25, 1931. Under P. L., c. 217, s. 36 one who has repaired a motor vehicle acting pursuant to the orders of the equitable owner has a lien thereon prior to that of the […]
FOSTER v. ELA, 69 N.H. 460 (1898)
45 A. 248 FOSTER, Adm’r, a. v. ELA, Adm’r, Ap’t. Supreme Court of New Hampshire Merrimack. Decided December, 1898. In a probate appeal, a real party in interest, although not a party of record, is not a competent witness as to facts which occurred in the lifetime of a person deceased, if the adverse party […]
BAKER VALLEY LUMBER v. INGERSOLL-RAND CO., 148 N.H. 609 (2002)
813 A.2d 409 BAKER VALLEY LUMBER, INC. v. INGERSOLL-RAND COMPANY a. No. 2001-272Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued September 11, 2002 Opinion Issued December 12, 2002 1. Evidence—Expert Testimony—Competency of Experts Fire investigator’s fifty years of experience in investigating fires was sufficient to qualify him to testify about plaintiff’s causation theory despite his […]
MOORE v. ROXBURY, 85 N.H. 394 (1932)
159 A. 357 LENA J. MOORE v. THEODORE ROXBURY. Supreme Court of New Hampshire Rockingham. Decided March 1, 1932. A guardian ad litem should be appointed by the court, if during trial it appears that either party is apparently irresponsible mentally to maintain or defend the litigation in his own name. Where a plaintiff has […]
HARVEY v. MORSE, 69 N.H. 475 (1898)
45 A. 239 HARVEY v. MORSE. Supreme Court of New Hampshire Merrimack. Decided December, 1898. In an action of trover by one having a special property in the goods converted, the measure of damages is the value of his interest at the date of conversion. TROVER, for railway ties. The plaintiff made a contract with […]
SHAW v. CITY OF MANCHESTER, 118 N.H. 158 (1978)
384 A.2d 491 ROBERT SHAW v. CITY OF MANCHESTER a. No. 7918Supreme Court of New Hampshire Hillsborough Decided March 24, 1978 1. Zoning — Appeals From Board of Adjustment — Precondition Filing of application for rehearing on decision of zoning board of adjustment is precondition of appeal to the court by an aggrieved person. RSA […]
ENGLAND v. TASKER, 129 N.H. 467 (1987)
529 A.2d 938 ALBERT ENGLAND v. ANDREW TASKER No. 86-330Supreme Court of New Hampshire Strafford Decided July 10, 1987 1. Negligence — Assumption of Risk — Fireman’s Rule The “fireman’s rule,” which provides that neither a fireman nor a policeman can recover in tort when his injuries are caused by the same conduct that required […]
MICUCCI v. WHITE MT. TRUST CO., 114 N.H. 436 (1974)
321 A.2d 573 JOSEPH R. MICUCCI a. v. WHITE MOUNTAIN TRUST COMPANY No. 6868Supreme Court of New Hampshire Coos Decided June 28, 1974 1. A property owner may use, manage, or control diffused surface waters on his land in any manner that is reasonable in view of his own interest and the interest of all […]
NICHOLS v. FERNALD, 82 N.H. 186 (1926)
131 A. 836 OLIN NICHOLS v. ROSA FERNALD a. Supreme Court of New Hampshire Carroll. Decided January 5, 1926. A provision, in a deed conveying the right to draw water from a spring on land of another, that the water is to be taken only for the use of the grantee’s buildings, is subject to […]
NEAULT v. COMPANY, 86 N.H. 231 (1933)
166 A. 289 EDMOND NEAULT v. THE PARKER-YOUNG COMPANY. Supreme Court of New Hampshire Hillsborough. Decided May 2, 1933. Upon a petition under the workmen’s compensation act and a finding that total future incapacity would ensue unless obviated by an operation, the award may be for a lump sum based upon a probable period of […]
JEPPERSON v. SOCIETY, 83 N.H. 387 (1928)
142 A. 686 CHARLES J. JEPPERSON a., Trustees, v. THE ADVENT CHRISTIAN PUBLICATION SOCIETY. Supreme Court of New Hampshire Grafton. Decided June 28, 1928. Whether at church and religious society has been maintained in conformity with the requirements of a bequest of property thereto is a question of fact. Bequest to trustees “for the support […]
EASTMAN v. GOULD, 63 N.H. 89 (1884)
EASTMAN v. GOULD. Supreme Court of New Hampshire Merrimack. Decided June, 1884. In assumpsit, the question being whether the defendant’s promise was or was not upon a condition not performed by the plaintiff, the burden of proof is on the plaintiff to show that the promise was unconditional. ASSUMPSIT, to recover $25 for building a […]
STATE v. DREWRY, 139 N.H. 678 (1995)
661 A.2d 1181 THE STATE OF NEW HAMPSHIRE v. GLENDON P. DREWRY, JR. No. 93-487Supreme Court of New Hampshire Merrimack Decided June 30, 1995 1. Discovery — Disclosure of Witnesses — Particular Cases Overriding necessity of the exchange of witness lists for the fair and efficient conduct of trials required supreme court to hold that […]
BOODY v. WATSON, 64 N.H. 162 (1886)
9 A. 794 BOODY a. v. WATSON a. Supreme Court of New Hampshire Rockingham. Decided December, 1886. The public right of enforcing a tax-payer’s obligation to contribute his share of public expense is created by a legislative division of the common burden in execution of the social contract, and not by a judicial assessment. An […]
DANVERS SAVINGS BANK v. HAMMER, 122 N.H. 1 (1982)
440 A.2d 435 DANVERS SAVINGS BANK v. RICHARD G. HAMMER No. 80-328Supreme Court of New Hampshire Carroll Decided January 15, 1982 1. Trial — Jury Trial — Advisory Opinions The trial court was not bound by the jury’s advisory opinions where the parties agreed, prior to trial, to submit three questions to the jury for […]
STATE v. LEMIRE, 125 N.H. 461 (1984)
481 A.2d 820 THE STATE OF NEW HAMPSHIRE v. MAURICE LEMIRE No. 83-304Supreme Court of New Hampshire Rockingham Decided August 27, 1984 1. Motor Vehicles — Habitual Offender Proceedings — Generally The statute of limitations for misdemeanors is not applicable to the habitual-offender proceeding under the motor vehicle laws. RSA 262:22, :23. 2. Motor Vehicles […]
BURCKY v. KNOWLES, 120 N.H. 244 (1980)
413 A.2d 585 PAUL A. BURCKY AND CATHLEEN T. BURCKY v. MILDRED J. KNOWLES AND FORREST E. KNOWLES, JR. No. 79-284Supreme Court of New Hampshire Rockingham Decided March 31, 1980 1. Easements — Appurtenant Easements Language in a deed reserving to grantor (who retained a contiguous parcel) “the right to pass and repass over a […]
STATE v. MERRILL, 125 N.H. 479 (1984)
484 A.2d 1065 THE STATE OF NEW HAMPSHIRE v. MICHAEL MERRILL No. 82-539Supreme Court of New Hampshire Hillsborough Decided September 27, 1984 Constitutional Law — Self-Incrimination — Comment by Prosecution Where prosecutor in trial in which defendant did not testify, in his closing argument to the jury, accused the defendant of trying to pull the […]
NOYES v. HEMPHILL, 58 N.H. 536 (1879)
NOYES AND WIFE v. HEMPHILL. Supreme Court of New Hampshire Merrimack. Decided March, 1879. In a deed of lot A, a reservation of the right to draw water from a well on that lot for the family occupying lot B, gives the occupant of lot B the Page 537 right to draw water for the […]
RUSSELL v. CLOUGH, 71 N.H. 177 (1901)
51 A. 632 RUSSELL v. CLOUGH a. Supreme Court of New Hampshire Hillsborough. Decided December 3, 1901. Where a contract fails because of a mutual misunderstanding as to its provision for payments upon account, the party who has rendered services in partial performance may recover reasonable compensation therefor in an action of implied assumpsit. ASSUMPSIT, […]
KIDD v. TRACTION CO, 72 N.H. 273 (1903)
56 A. 465 KIDD a. v. NEW HAMPSHIRE TRACTION CO. a. Supreme Court of New Hampshire Rockingham. Decided November 3, 1903. The validity of a plea in equity is properly determinable upon a motion to set it aside, and not upon demurrer thereto. Where a bill in equity against several defendants sufficiently charges fraud in […]
LEES v. NOLAN, 121 N.H. 680 (1981)
433 A.2d 1287 GEORGE N. LEES, AS ADMINISTRATOR OF THE ESTATE OF ROSE M. NOLAN v. JOHN L. NOLAN No. 80-481Supreme Court of New Hampshire Cheshire Decided August 5, 1981 1. Death — Wrongful Death — Deductions From Recovery In an action for wrongful death, the trial court’s failure, upon receiving special jury verdict, to […]
BARKER v. BARKER, 73 N.H. 353 (1905)
62 A. 166 BARKER a. v. BARKER a. Supreme Court of New Hampshire Strafford. Decided October 3, 1905. The superior court has jurisdiction to remove trustees who become unsuitable for the proper execution of the trust. Trustees whose’ relations to their co-trustees or the beneficiaries are such as to interfere with the proper management of […]
LEONARD v. SCHOOL DISTRICT, 98 N.H. 296 (1953)
99 A.2d 415 ROGER LEONARD a. v. SCHOOL DISTRICT OF CORNISH. No. 4243.Supreme Court of New Hampshire Sullivan.Argued September 1, 1953. Decided September 22, 1953. Certain irregularities in the conduct of a school district meeting, consisting mostly in the failure of the moderator to observe the niceties of parliamentary procedure to which no appeal to […]
JOYCE v. CHICOPEE MFG. CO., 103 N.H. 471 (1961)
175 A.2d 521 PATRICK JOYCE v. CHICOPEE MANUFACTURING COMPANY a. No. 4963.Supreme Court of New Hampshire Hillsborough.Argued October 4, 1961. Decided October 27, 1961. 1. Compensable disability under the Workmen’s Compensation Law (RSA 281:25) is to be determined by the difference between the employee’s average weekly wage before injury and the average weekly wage he […]