Category: New Hampshire Court Opinions

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 […]

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 […]

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 […]

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 […]

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 […]

196 A.2d 38 CARL M. HECKER v. ALLAN C. McKERNAN a. No. 5195.Supreme Court of New Hampshire Hillsborough.Argued December 3, 1963. Decided December 20, 1963. 1. The failure of a municipal budget committee to include a proposed capital appropriation of the school district to be raised by borrowing within the printed budget form required to […]

856 A.2d 5 HEIDI McNAIR v. RYAN McNAIR. No. 2003-704.Supreme Court of New Hampshire Plymouth Family Division.Argued: May 13, 2004. Opinion Issued: August 30, 2004. 1. Courts — Jurisdiction — Long-Arm Statutes Where the only occurrence in New Hampshire is the injury resulting from an out-of-state tort, New Hampshire courts are not precluded from subjecting […]

178 A.2d 512 SUGAR HILL IMPROVEMENT ASSOCIATION a. v. LISBON a. No. 4944.Supreme Court of New Hampshire Grafton.Argued February 6, 1962. Decided March 6, 1962. 1. The issue of whether a case is moot is not determined by rigid rules but rather as a matter of convenience and discretion. 2. Where a statute (RSA 52:21) […]

34 A.2d 661 STATE v. JAMES A. BARRY, alias JOHN BOLTON. No. 3429.Supreme Court of New Hampshire Strafford. Decided October 5, 1943. A respondent in criminal proceedings who does not elect to rely solely on an exception to the denial of his motion for a directed verdict of acquittal but proceeds to introduce evidence in […]

186 A.2d 148 ARTHUR JACOBSON a. v. YOKEN’S INC. No. 5075.Supreme Court of New Hampshire Sullivan.Argued October 2, 1962. Decided November 30, 1962. 1. Where the plaintiff attended a woman’s organization luncheon and meeting at defendant’s restaurant for which each member paid a fee and a portion thereof was paid to the defendant for compensation […]

424 A.2d 171 THE STATE OF NEW HAMPSHIRE v. DONALD E. BAKER No. 80-030Supreme Court of New Hampshire Rockingham Decided December 3, 1980 1. Evidence — Opinions — Admissibility Whether opinion testimony will be of assistance to the trier of fact and admitted is a matter within the broad discretion of the trial judge. 2. […]

498 A.2d 696 APPEAL OF SINCLAIR MACHINE PRODUCTS, INC. a. (New Hampshire Public Utilities Commission) No. 84-380Supreme Court of New Hampshire Public Utilities Commission Decided July 26, 1985 1. Constitutional Law — Supremacy Clause Federal preemption doctrine is based upon article of the United States Constitution which declares federal law to be the supreme law […]

480 A.2d 112 ROBERT M. MAGUIRE a. v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY No. 83-214Supreme Court of New Hampshire Grafton Decided July 26, 1984 1. Insurance — Notice of Claim — Failure To Give In Hebert Manufacturing Co., 108 N.H. 381 (1917), the supreme court recognized that statute providing that unless insurer notifies insured at […]

776 A.2d 744 THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER DOUCETTE No. 99-388Supreme Court of New Hampshire Rockingham Decided July 2, 2001 1. Indictment and Information — Contents — Wording Under New Hampshire law, the “acting in concert with” language used in an indictment is ordinarily sufficient to charge a defendant as both a principal […]

84 A.2d 830 MARIE BETH BOURGET by her mother and next friend v. NEW ENGLAND TELEPHONE TELEGRAPH COMPANY. ANTOINETTE BOURGET v. SAME. No. 4045.Supreme Court of New Hampshire Hillsborough. Decided December 4, 1951. The failure of the plaintiff to allege in his pleadings the state in which the defendant was incorporated is not fatal and […]

343 A.2d 221 JOHNS-MANVILLE PRODUCTS CORPORATION v. COMMISSIONER OF REVENUE ADMINISTRATION No. 7048Supreme Court of New Hampshire Board of Taxation Decided July 31, 1975 1. Allocation to New Hampshire of a portion of a corporation’s gross income derived from “unitary” business activities within and without the State is determined by a three-factor statutory formula based […]

780 A.2d 1285 IN RE PATRICIA AND WARREN PRESTON No. 99-536Supreme Court of New Hampshire Merrimack Decided October 3, 2001 1. Divorce — Division of Property — Generally Pursuant to its property settlement statute, New Hampshire is one of number of “equitable distribution” states that permit the distribution of all of all the property of […]

497 A.2d 1218 THE STATE OF NEW HAMPSHIRE v. GARY WESTOVER No. 84-160Supreme Court of New Hampshire Hillsborough Decided August 15, 1985 1. Appeal and Error — Preservation of Questions — Failure To Present Below Issues or arguments not raised below will not be considered on appeal. 2. Searches and Seizures — Supporting Affidavit — […]

459 A.2d 241 PAULINE HARRIS v. BENJAMIN C. ADAMS, COMMISSIONER, a. No. 82-199Supreme Court of New Hampshire Grafton Decided March 24, 1983 1. Statutes — Construction and Application — Unemployment Compensation Law Where claimant began receiving unemployment benefits on August 21, 1979, for the week ending August 18, 1979, since she satisfied the law then […]

7 A.2d 238 WILLIAM F. SWEENEY, (McTee Co., Inc., Plaintiff in Interest.) v. HENRY A. LAGASSE. No. 3083.Supreme Court of New Hampshire Hillsborough. Decided June 22, 1939. TROVER, by a sheriff for five hundred silver dollars attached by the plaintiff in an action brought by the plaintiff in interest against Wilbert Lavoie and receipted for […]

248 A.2d 85 JAMES McCOSTIS v. NASHUA PRESSMEN UNION a. No. 5774.Supreme Court of New Hampshire Hillsborough.Argued September 4, 1968. Decided November 26, 1968. 1. Where the constitution of a labor union provided that a member who has reached the age of sixty years and has been in continuous good standing for a period of […]

424 A.2d 825 KENNETH E. CARSON v. L. HERBERT MAURER, M.D. DIANE C. ARMY v. WILLIAM CUSACK, JR., M.D. a. TIMOTHY WILLIAMS a. v. CHARLES C. THOMPSON, M.D. a. DENISE JEAN a. v. NORMAN CRISP, M.D. a. THOMAS T. TAYLOR v. HITCHCOCK CLINIC, INC. a. THEODORE J. BONNEAU a. v. HITCHCOCK CLINIC, INC. a. No. […]

183 A.2d 246 JAFFREY v. MICHAEL A. HEFFERNAN a. No. 5055.Supreme Court of New Hampshire Cheshire.Argued June 6, 1962. Decided July 16, 1962. 1. While votes of town meetings are liberally construed to accomplish their purpose, the action taken must be within the limits of the powers granted by the state. 2. A town in […]

23 A.2d 367 HENRY W. BUSKEY v. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY. No. 3255.Supreme Court of New Hampshire Grafton. Decided December 2, 1941. An action of tort cannot be maintained where the declaration sets out a contract and alleges the defendant’s negligent failure to perform it. This rule applies to an action against a […]

376 A.2d 130 KATHARINE SULLIVAN v. DAVID RINGLAND No. 7701Supreme Court of New Hampshire Keene District Court Decided July 11, 1977 1. Replevin — Animals Where district court denied replevin of a dog given to defendant by plaintiff’s husband, finding that at time of gift husband and wife owned Page 597 dog jointly, sufficiency of […]

639 A.2d 245 APPEAL OF CARL D. STETSON (New Hampshire Department of Labor Compensation Appeals Board) No. 92-362Supreme Court of New Hampshire Compensation Appeals Board Decided March 18, 1994 1. Administrative Law — Orders and Regulations — Judicial Review Agency decisions or orders will not be overturned absent an error of law, unless court is […]

37 A.2d 190 ALBERT I. DROWNE v. OSCAR LOVERING, JR. No. 3477.Supreme Court of New Hampshire Rockingham. Decided May 2, 1944. Title under a tax deed is defective where the posting of the warrant for the town meeting authorizing such conveyance was not in accordance with R. L., c. 57, s. 4 requiring the warrant […]

842 A.2d 77 IN THE MATTER OF ROBERT JACOBSON AND KATHLEEN TIERNEY. No. 2003-093.Supreme Court of New Hampshire BelknapArgued: October 15, 2003. Opinion Issued: February 2, 2004. 1. Divorce — Child Support — Review Child support orders are reviewed under the unsustainable exercise of discretion standard; accordingly, the party challenging the court’s order has the […]

407 A.2d 365 THE STATE OF NEW HAMPSHIRE v. DOUGLAS A. NASH No. 79-052Supreme Court of New Hampshire Rockingham Decided October 12, 1979 1. Constitutional Law — Right to Counsel — Waiver If individual states that he wants an attorney, the interrogation must cease until an attorney is present; however, an individual may waive his […]

338 A.2d 551 STATE OF NEW HAMPSHIRE v. RICHARD W. PHEENEY No. 6800Supreme Court of New Hampshire Carroll Decided May 30, 1975 1. The supreme court could not predict what might make the evidence of defendant’s refusal to take field sobriety tests admissible or inadmissible for the purpose of supporting a police officer’s testimony about […]

484 A.2d 1066 THE STATE OF NEW HAMPSHIRE v. JOHN KELLY No. 83-154Supreme Court of New Hampshire Hillsborough Decided September 27, 1984 1. Theft — Theft by Deception — Elements For purposes of the offense of theft by deception, where property is exchanged between two willing parties, even if fraud is committed, the deceiving party […]

347 A.2d 157 STATE OF NEW HAMPSHIRE v. RANDY PAYNE No. 7161Supreme Court of New Hampshire Milford District Court Decided October 31, 1975 1. A sentence of imprisonment for reckless operation of a motor vehicle was not authorized under RSA 262-A:61 (Supp. 1973). 2. Imprisonment for reckless operation of a motor vehicle may be imposed […]

743 A.2d 1287 CRAIG J. AND CHRISINDA BOWDEN v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION a. No. 97-820Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided December 21, 1999 1. Highways — Generally — Notice of Defects Requirements of actual notice and standard for State’s duty before liability could be imposed for highway defects, as […]

85 A.2d 388 STEPHEN DAVY v. MERCHANTS MUTUAL CASUALTY COMPANY a. No. 4053.Supreme Court of New Hampshire Strafford. Decided January 2, 1952. The limitation on a policy of liability insurance extending coverage to the operation of other automobiles by the insured “only if no other valid and collectible insurance is available to such named insured” […]

205 A.2d 851 IN RE ABNER L. MERRILL ESTATE. No. 5239.Supreme Court of New Hampshire Rockingham Probate Court.Argued December 1, 1964. Decided December 30, 1964. 1. In the construction of a will the word children in its ordinary sense does not include grandchildren. 2. Where the testator executed a testamentary trust bequeathing a life estate […]

424 A.2d 1147 THE STATE OF NEW HAMPSHIRE v. CLARENCE ELBERT No. 80-414Supreme Court of New Hampshire Original Decided January 30, 1981 1. Constitutional Law — Right to Impartial Jury — Prima Facie Violation To establish prima facie violation of the fair cross-section requirement of defendant’s sixth amendment guarantee of an impartial jury, defendant must […]

493 A.2d 1121 BOARD OF TRUSTEES OF THE UNIVERSITY SYSTEM OF NEW HAMPSHIRE v. KEENE STATE COLLEGE EDUCATION ASSOCIATION a. No. 84-240Supreme Court of New Hampshire Cheshire Decided April 5, 1985 1. Public Employees — Unfair Labor Practices — Failure To Abide by Arbitration Award Where arbitration is entered into pursuant to a collective bargaining […]

547 A.2d 225 BEDFORD RESIDENTS GROUP v. TOWN OF BEDFORD, PLANNING BOARD, GROVE REALTY TRUST ROLAND DIANE AUGER No. 87-396Supreme Court of New Hampshire Hillsborough Decided July 11, 1988 1. Zoning — Amendments — Notice While property owners who might be affected by a zoning amendment need not be afforded actual notice of a proposed […]

484 A.2d 1186 THE STATE OF NEW HAMPSHIRE v. JAMES BATCHELDER No. 84-063Supreme Court of New Hampshire Hillsborough Decided November 13, 1984 Motor Vehicles — Habitual Offender Proceeding — Termination of Status Habitual offender status does not end by law four years after adjudication, but remains in effect while the order prohibiting driving remains in […]

260 A.2d 563 STATE v. EDWARD H. COOLIDGE, JR. No. 5515.Supreme Court of New Hampshire Hillsborough.Argued December 20, 1968. Decided June 30, 1969. 1. The authority of the Attorney General to enter a nolle prosequi in advance of trial is firmly established and is unrestricted by statute or rule of court. 2. The entry of […]

347 A.2d 445 STATE OF NEW HAMPSHIRE v. MARK BILL STATE OF NEW HAMPSHIRE v. GLEN FRAZIER STATE OF NEW HAMPSHIRE v. STEVEN A. JASKOLKA STATE OF NEW HAMPSHIRE v. ARTHUR R. RILEY, JR. Nos. 7176, 7177 No. 7164Supreme Court of New Hampshire Hillsborough Manchester District Court Decided October 31, 1975 1. Supreme court is […]

179 A.2d 456 ERNEST ABEL, Adm’r v. HARRY E. YOKEN a. No. 5023.Supreme Court of New Hampshire Strafford.Argued March 7, 1962. Decided April 3, 1962. 1. In a personal injury action, expert medical testimony warranted the finding that the broken hip injury which plaintiff sustained from a fall in defendants’ restaurant so lowered her resistance […]

317 A.2d 791 MICHAEL J. CHAISSON v. BENJAMIN C. ADAMS, COMMISSIONER a. No. 6761Supreme Court of New Hampshire Hillsborough Decided March 29, 1974 1. The requirement of RSA 282:5 G(3) that an appeal petition to the superior court from a decision of the department of employment security’s appeal tribunal shall specifically set forth the grounds […]

764 A.2d 925 The State of New Hampshire v. Hassan A. Goodman No. 98-668Supreme Court of New Hampshire Strafford Decided December 15, 2000 1. Evidence — Particular Matters — Opening the Door Doctrine The “opening-the-door” doctrine permits a trial judge, in his or her discretion, to admit otherwise inadmissible evidence to rebut prejudicial evidence that […]

205 A.2d 534 STATE ex rel NORMAN McLETCHIE a. v. LACONIA DISTRICT COURT. No. 5290.Supreme Court of New Hampshire Original.Argued October 6, 1964. Decided October 9, 1964. 1. On a complaint for murder the jurisdiction of a district court is limited to binding the respondent over to the Superior Court pending action by the grand […]

192 A.2d 602 STEVE PERUTSAKOS v. WILLIAM C. TARMEY, Adm’r. No. 5133.Supreme Court of New Hampshire Strafford.Argued June 5, 1963. Decided July 9, 1963. 1. Where the question, whether a personal injury action against the administrator of the decedent’s estate not commenced within the time prescribed by RSA 556:1 (supp) may nevertheless be brought because […]

411 A.2d 1120 ERNEST CUTTER, JR. v. TOWN OF DURHAM No. 79-224Supreme Court of New Hampshire Strafford Decided February 14, 1980 1. Judgments — Collateral Estoppel — Application Collateral estoppel, like the related doctrine of res judicata, has the dual purpose of protecting litigants from the burden of relitigating an identical issue and of promoting […]

62 A.2d 721 AGNES HERNDON, Adm’x v. JOHN H. MOORE. AGNES HERNDON v. SAME. No. 3753.Supreme Court of New Hampshire Belknap. Decided December 7, 1948. Where there was nothing the defendant could reasonably have done under the circumstances to avoid collision with the plaintiff’s motor vehicle skidding crosswise down a slippery highway there was no […]

172 A.2d 360 PITCHER COMPANY, INC. v. RALPH NAY CONSTRUCTION CO. a. No. 4917.Supreme Court of New Hampshire Rockingham.Argued May 2, 1961. Decided June 30, 1961. 1. The issue of whether and to what extent a taxpayer had property or rights to property to which a lien for unpaid federal unemployment and withholding taxes could […]

118 A.2d 596 STATE, by Lela E. Dolloff, Complainant v. SAMUEL SARGENT. No. 4418.Supreme Court of New Hampshire Belknap.Argued November 1, 1955. Decided December 6, 1955. A child conceived and born while the mother was living with her husband is presumed to be legitimate but this presumption may be rebutted by clear and convincing proof […]

11 A.2d 814 STERLING CIDER CO., INC. v. WILLIAM H. JACKSON a. No. 3140.Supreme Court of New Hampshire Merrimack. Decided March 5, 1940. By laws 1934, c. 3, s. 26 (special session) the sale of cider containing not more than six per cent of alcohol by volume at sixty degrees Fahrenheit is free from control […]

690 A.2d 571 VICTOR M. BRAGG v. DIRECTOR, NEW HAMPSHIRE DIVISION OF MOTOR VEHICLES No. 95-745Supreme Court of New Hampshire Strafford Decided March 17, 1997 1. Constitutional Law — Due Process — Administrative Actions Because the procedures outlined by RSA 265:91-b are designed to afford due process and nothing in the record suggested that the […]

347 A.2d 451 GEORGE DISCO a. v. BOARD OF SELECTMEN OF AMHERST a. No. 7216Supreme Court of New Hampshire Hillsborough Decided October 31, 1975 1. One cotenant’s protest under RSA 31:64 to a proposed change in zoning that would diminish the protection the zoning ordinance affords to their jointly owned land is consistent with the […]

688 A.2d 556 THOMAS LeBLANC v. AMERICAN HONDA MOTOR CO., INC. No. 94-198Supreme Court of New Hampshire Hillsborough-northern judicial district Decided January 28, 1997 1. Appeal and Error — Reversal — Error Plaintiff’s trial counsel made improper and inflammatory remarks about the defendant during the trial and during closing argument which so tainted the proceedings […]

451 A.2d 1318 CLAYTON A. GUYETTE a. v. C K DEVELOPMENT COMPANY a. No. 82-055Supreme Court of New Hampshire Cheshire Decided October 14, 1982 1. Corporations — Action by or Against — Failure To Register or Obtain License The incapacity of a foreign corporation to sue because it has failed to register with the secretary […]

725 A.2d 1082 OPINION OF THE JUSTICES (Tax Plan Referendum) No. 99-086Supreme Court of New Hampshire Request of the Senate Decided March 11, 1999 1. Constitutional Law — New Hampshire Constitution —Construction and Application Because much of New Hampshire Constitution was taken from Massachusetts Constitution, New Hampshire Supreme Court gives weight to interpretations of relevant […]

260 A.2d 97 DORIS McCARTHY SCHNEIDER v. WILLIAM C. SCHNEIDER. No. 5898.Supreme Court of New Hampshire Hillsborough. Decided December 30, 1969. 1. In an action brought in this state by a wife against her husband while both parties were domiciled in Massachusetts, for injuries sustained by the wife in this state as the result of […]

427 A.2d 505 SUMMIT ELECTRIC, INC. v. PEPIN BROTHERS CONSTRUCTION, INC. PEPIN BROTHERS CONSTRUCTION, INC. v. JOHN A. CLEMENTS, COMMISSIONER OF PUBLIC WORKS AND HIGHWAYS No. 80-142Supreme Court of New Hampshire Merrimack Decided March 16, 1981 1. Appeal and Error — Findings — Evidence The standard of review in an appeal from a master’s recommendation […]

858 A.2d 536 MARY CARIGNAN v. NEW HAMPSHIRE INTERNATIONAL SPEEDWAY, INC. a. No. 2003-407.Supreme Court of New Hampshire Belknap.Argued: May 13, 2004. Opinion Issued: September 9, 2004. 1. Negligence — Duty — Voluntarily Assumed One who voluntarily assumes a duty thereafter has a duty to act with reasonable care; thus, one who gratuitously or contractually […]

340 A.2d 110 OPINION OF THE JUSTICES No. 7239Supreme Court of New Hampshire Request of the Senate Decided June 26, 1975 1. The constitutional duty of this court is to render advisory opinions on pending legislation. 2. The supreme court asked to be excused from rendering an advisory opinion on the constitutionality of a bill […]