Category: New Hampshire Court Opinions

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 […]

655 A.2d 409 GUY B. MILLER a. v. TOWN OF TILTON No. 93-742Supreme Court of New Hampshire Belknap Decided March 1, 1995 1. Zoning and Planning — Administration and Enforcement — Procedure Under RSA 21:35 and RSA 675:4, the petition for rezoning was timely filed during the period between 120 and 90 days prior to […]

743 A.2d 836 THE STATE OF NEW HAMPSHIRE v. CHARLES DORVAL, JR. No. 97-560Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided December 16, 1999 1. Criminal Law — Miranda Warning — Custodial Interrogation In order for Miranda warnings to be required, there must be a custodial interrogation by police. N.H. CONST. pt. I, art. […]

781 A.2d 999 IN RE DECLARATION OF TRUST MADE BY FREDERIC C. DUMAINE a. No. 2000-270Supreme Court of New Hampshire Hillsborough County Probate Court Decided July 31, 2001 1. Trusts — Express Trusts — Intent of Settlor Whether the word “children” should be interpreted liberally or literally depends upon the intention of the settlor of […]

525 A.2d 709 EASTERN MARINE CONSTRUCTION CORPORATION v. FIRST SOUTHERN LEASING, LTD. No. 86-168Supreme Court of New Hampshire Hillsborough Decided April 3, 1987 1. Res Judicata — Purpose The doctrines of res judicata and collateral estoppel have been established to avoid repetitive litigation so that at some point litigation over a particular controversy must come […]

577 A.2d 1209 PAULINE CHRONIAK a. v. GOLDEN INVESTMENT CORPORATION a. No. 89-477Supreme Court of New Hampshire U.S. Court of Appeals for the First Circuit Decided July 9, 1990 1. Statutes — Construction and Application — Scope In interpreting a statute, the court will not look to legislative history to modify the meaning of statutory […]

182 A.2d 607 STATE v. ALBERT GEORGE SARGENT AND ROBERT MAXWELL DEVOID. No. 5038.Supreme Court of New Hampshire Concord Municipal Court.Argued May 2, 1962. Decided June 29, 1962. 1. A respondent charged with a misdemeanor has no right to take depositions prior to arraignment and plea. 2. The fair, prompt and orderly disposition of criminal […]

26 A.2d 676 MONTELLO SHOE CO., INC. v. SUNCOOK INDUSTRIES, INC. No. 3331.Supreme Court of New Hampshire Merrimack. Decided June 2, 1942. In an action by a tenant against his landlord to recover damages from sprinkler leakage, the plaintiff having received payment for its damages from its insurer, a motion of the defendant to join […]

289 A.2d 396 J. DOUGLAS PETERS v. UNIVERSITY OF NEW HAMPSHIRE. No. 6363.Supreme Court of New Hampshire Strafford. Decided March 31, 1972. 1. The State university’s regulations governing student parking on campus and appeals from violations of such regulations were held not to violate due process or equal protection of the laws. 2. The State […]

342 A.2d 640 STATE OF NEW HAMPSHIRE v. CREDIT BUREAU OF NASHUA, INC., a. No. 7258Supreme Court of New Hampshire Hillsborough Decided July 31, 1975 1. The effective scope of RSA ch. 359-B (Supp. 1973) and of the Federal Fair Credit Reporting Act is limited to consumer reports furnished by a consumer reporting agency. 2. […]

32 A.2d 815 FLORENCE J. WEARE v. ROCHESTER LODGE No. 1393 B.P.O. OF ELKS. No. 3374.Supreme Court of New Hampshire Strafford. Decided June 25, 1943. CASE, for personal injuries occasioned by a fall upon the premises of the defendant. At the close of the plaintiff’s evidence defendant’s motion for a nonsuit was granted “on the […]

725 A.2d 660 THE STATE OF NEW HAMPSHIRE v. DANIEL HODGDON No. 97-090Supreme Court of New Hampshire Belknap Decided March 5, 1999 1. Appeal and Error — Preservation of Questions — ParticularCases Sexual assault defendant’s objection to pediatrician’s comment on credibility of victim was not preserved for appellate review, where defendant’s motion in limine was […]

743 A.2d 826 APPEAL OF TOWN OF STRATHAM (New Hampshire Public Employee Labor Relations Board) No. 97-334Supreme Court of New Hampshire Public Employee Labor Relations Board Decided December 13, 1999 1. Public Employees — Unions — Bargaining Units Part-time patrol officers were “on-call employees” who worked on an irregular basis when full-time officers were unavailable […]

523 A.2d 88 In re DORIS M. TERRY No. 86-491Supreme Court of New Hampshire Sullivan County Probate Court Decided December 31, 1986 1. Appeal and Error — Interlocutory Appeal — Dismissal Interlocutory transfer of questions from probate court was declined and the case remanded, where stipulated factual basis for the transfer was too tentative and […]

493 A.2d 1146 In re TRICIA AND TRIXIE H. No. 83-529Supreme Court of New Hampshire Merrimack County Probate Court Decided April 19, 1985 1. Parent and Child — Parental Rights — Termination Section of termination of parental rights statute, listing as a ground for termination a failure to correct conditions which led to a finding […]

551 A.2d 977 THE STATE OF NEW HAMPSHIRE v. MARK BALDIC No. 87-263Supreme Court of New Hampshire Hillsborough Decided December 12, 1988 1. Arrest — Probable Cause — Generally Probable cause to arrest exists when the arresting officer has knowledge and trustworthy information sufficient to warrant a man of reasonable caution and prudence to believe […]

366 A.2d 497 STATE OF NEW HAMPSHIRE v. PETER R. RUELKE No. 7382Supreme Court of New Hampshire Cheshire Decided November 30, 1976 1. The defendant has standing to contest the validity of the search of the farm, because he was present when the search was made, but he has no standing to complain about the […]

512 A.2d 1130 THE STATE OF NEW HAMPSHIRE v. CHARLES OROPALLO No. 85-135Supreme Court of New Hampshire Hillsborough Decided July 17, 1986 1. Trial — Introduction of Evidence — Timely Objection Contemporaneous objections are required so that the trial court has an opportunity to consider whether to take remedial action. 2. Trial — Introduction of […]

738 A.2d 1280 ALLSTATE INSURANCE CO. v. JANEEN ARMSTRONG a. No. 97-272Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided September 2, 1999 Rehearing Denied November 2, 1999 1. Insurance — Policies — Construction In interpreting language of insurance policy, court looks to plain and ordinary meaning of policy’s words in context, and construes terms […]

523 A.2d 40 THE STATE OF NEW HAMPSHIRE v. JOHN CASSELL, JR. No. 86-041Supreme Court of New Hampshire Strafford Decided December 30, 1986 1. Criminal Law — Guilt or Liability — Flight as Showing Evidence of post-offense flight is admissible to show consciousness of guilt, and hence guilt itself. 2. Appeal and Error — Preservation […]

470 A.2d 900 THE STATE OF NEW HAMPSHIRE v. DONALDSON TAPPLY, JR. No. 82-476Supreme Court of New Hampshire Cheshire Decided December 27, 1983 1. Constitutional Law — New Hampshire Constitution — Construction Where defendant, charged with second-degree murder, attacked the admission of certain inculpatory statements on the basis both of the Federal Constitution and of […]

566 A.2d 1149 THERESA BROWN v. PHILIP BONNIN No. 88-405Supreme Court of New Hampshire Hillsborough Decided December 13, 1989 1. Appeal and Error — Preservation of Questions — Failure To Brief Issues raised in the notice of appeal but not briefed are deemed waived. 2. Evidence — Admissibility Generally — Discretion of Court The admissibility […]

849 A.2d 143 THE STATE OF NEW HAMPSHIRE v. LEWIS CLARK. No. 2003-249.Supreme Court of New Hampshire Nashua District Court.Argued: March 10, 2004. Opinion Issued: May 14, 2004. 1. Bail — Conditions — Generally Every deferred sentence imposes upon the defendant an implied condition of good behavior. 2. Bail — Construction of Statutes — Intent […]

367 A.2d 599 CARL V. JOSLIN a. v. PINE RIVER DEVELOPMENT CORPORATION AND PINE RIVER ASSOCIATION, INCORPORATED No. 7462Supreme Court of New Hampshire Carroll Decided December 30, 1976 1. The modern viewpoint is that restrictive covenants are valuable land use planning devices and that the former policy of strictly construing restrictive covenants is no longer […]

644 A.2d 70 NEW HAMPSHIRE DIVISION OF HUMAN SERVICES v. RALPH P. ALLARD a. No. 93-054Supreme Court of New Hampshire Merrimack Decided June 30, 1994 1. Courts — Jurisdiction — Primary Jurisdiction Under doctrine of “primary jurisdiction,” a court will refrain from exercising its concurrent jurisdiction to decide a question until it has first been […]

529 A.2d 941 JOSEPH AND ESTHER ROSS v. EDWARD AND SALLY JO EICHMAN No. 86-348Supreme Court of New Hampshire Hillsborough Decided July 10, 1987 1. Principal and Agent — Real Estate Agents — Notice to Agent Notice to the sellers’ agent that the buyers were waiving the protection granted them under the financing clause of […]

769 A.2d 366 FORBES FARM PARTNERSHIP v. FARM FAMILY MUTUAL INSURANCE COMPANY. No. 99-136Supreme Court of New Hampshire Coos March 26, 2001 1. Insurance — Policies — Construction In interpreting an insurance policy, the court takes the plain and ordinary meaning of the policy’s words in context, and construes the terms of the policy as […]

450 A.2d 1268 In re PETITION OF ELLEN McHALE (New Hampshire Board of Claims) No. 79-469Supreme Court of New Hampshire Original Decided June 18, 1980 Appeal and Error — Untimely Claims A motion for rehearing before the board of claims must be filed with the agency within twenty days after any order or decision or […]

514 A.2d 1279 THE STATE OF NEW HAMPSHIRE v. DOUGLAS R. PIKE No. 85-317Supreme Court of New Hampshire Grafton Decided August 12, 1986 1. Constitutional Law — Due Process — Statutory Vagueness Standard employed in gauging whether a statute is unconstitutionally vague is whether men of common intelligence must necessarily guess at the statute’s meaning […]

131 A.2d 818 OPINION OF THE JUSTICES. No. 4582.Supreme Court of New Hampshire Request of House of Representatives.Submitted April 18, 1967. Decided April 30, 1957. 1. The words “direct taxes” as employed in the constitutional provision (Pt. II, Art. 26th) that in the division of the state into senatorial districts the Legislature shall “govern themselves […]

549 A.2d 1208 RICHARD E. STORMS AND MADELYN STORMS v. TOWN OF EATON AND THE EATON ZONING BOARD OF ADJUSTMENT No. 87-287Supreme Court of New Hampshire Carroll Decided October 31, 1988 1. Zoning — Appeals From Board of Adjustment — Superior Court Review In appeal from zoning board of adjustment’s (ZBA) denial of a variance […]

427 A.2d 46 CITY OF CONCORD v. 5,700 SQUARE FEET OF LAND AND DONALD L. JONES No. 80-147Supreme Court of New Hampshire Merrimack Decided March 11, 1981 1. Eminent Domain — Trial — Counterclaims Superior court had jurisdiction to hear, and grant summary judgment on, counterclaim sounding in contract and arising from condemnation, in city’s […]

592 A.2d 188 THE STATE OF NEW HAMPSHIRE v. DAVID CAPLIN No. 90-510Supreme Court of New Hampshire Hillsborough Decided June 5, 1991 1. Evidence — Relevant Evidence — Generally The determination of whether evidence is relevant is within the sound discretion of the trial court, and its decision will not be reversed absent evidence of […]

128 A.2d 205 GROVER C. GOVE v. R. WAYNE CROSBY, Adm’r, d.b.n. a. No. 4522.Supreme Court of New Hampshire Hillsborough.Argued December 4, 1956. Decided December 31, 1956. While it is the general rule that exceptions not taken in the course of trial cannot be relied upon in the Supreme Court such exceptions may be considered […]

190 A.2d 414 CUMBERLAND FARMS NORTHERN, INC. v. ALFRED T. PIERCE a. No. 5124.Supreme Court of New Hampshire Rockingham.Argued March 5, 1963. Decided April 30, 1963. Bill in equity, seeking a determination of the constitutionality of RSA 183:7 and 9 (the price fixing and licensing sections of the Milk Control law), and of the action […]

272 A.2d 614 GLENN W. BRICKER, M. D. v. NEW HAMPSHIRE MEDICAL SOCIETY. No. 6032.Supreme Court of New Hampshire Grafton. Decided December 1, 1970. 1. Judicial interference in the internal affairs of associations is strictly limited and will not be undertaken in the absence of a showing of injustice or illegal action and resulting damage […]

813 A.2d 418 Koor Communication, Inc. v. City of Lebanon No. 2001-440Supreme Court of New Hampshire GraftonArgued September 11, 2002 Opinion Issued December 12, 2002 1. Constitutional Law—Supremacy Clause—Generally Under the Supremacy Clause of the Federal Constitution, state law is preempted where (1) Congress expresses an intent to displace state law; (2) Congress implicitly supplants […]

409 A.2d 794 THE STATE OF NEW HAMPSHIRE v. GILBERT A. LAMBERT No. 79-183Supreme Court of New Hampshire Plaistow District Court Decided December 12, 1979 1. Intoxicating Liquor — Regulation — Constitutionality The authority of State to regulate alcoholic beverages in the exercise of its police powers is extremely broad and dates back to colonial […]

436 A.2d 1147 GORDON JOHNSTON a. v. TOWN OF EXETER a. Nos. 81-019 81-024Supreme Court of New Hampshire Rockingham Decided October 30, 1981 1. Zoning — Appeals From Board of Adjustment — Procedure Where there was sufficient evidence presented at trial from which the court could reasonably and fully decide the issues before it, the […]

155 A.2d 176 FREDERICK J. CARTER a. v. JOHN L. BROWN a. No. 4737.Supreme Court of New Hampshire Merrimack.Argued September 1, 1959. Decided November 3, 1959. 1. A lump sum settlement of workmen’s compensation benefits agreed to by the parties and approved by the Labor Commissioner and made without error of law and in accordance […]

395 A.2d 1250 THE STATE OF NEW HAMPSHIRE v. DALE MURCHAISON No. 78-176Supreme Court of New Hampshire Hillsborough Decided December 29, 1978 1. Theft — Theft by Deception — Elements One of the elements of theft by deception is that defendant intend to deprive the owner of the property. RSA 637:4. 2. Evidence — Weight […]

777 A.2d 881 IN RE RYAN D. No. 99-445Supreme Court of New Hampshire Dover District Court Decided July 23, 2001 1. Statutes — Maxims and Rules of Construction — Generally The interpretation of a statute is to be decided by the supreme court. 2. Statutes — Maxims and Rules of Construction — Interpretationas a Whole […]

246 A.2d 697 SHIRLEY F. SMITH v. NEW ENGLAND TELEPHONE TELEGRAPH COMPANY. No. 5738.Supreme Court of New Hampshire Merrimack.Argued April 4, 1968. Decided October 1, 1968. 1. A provision in a corporate employee’s plan for employees pensions, disability and death benefits financed entirely at the expense of the employer that a committee appointed by the […]

109 A.2d 838 KARL E. DOWD a., Adm’rs v. EARLE B. MOORE a. SAME v. LEGER DESLAURIERS a. No. 4357.Supreme Court of New Hampshire Hillsborough.Argued November 3, 1954. Decided December 15, 1954. The lien provided by the workmen’s compensation law (Laws 1947, c. 266, s. 12, as amended by Laws 1949, c. 160) in favor […]

867 A.2d 412 THE STATE OF NEW HAMPSHIRE v. WADE HUDSON. No. 2004-150.Supreme Court of New Hampshire Durham District Court.Submitted: December 6, 2004. Opinion Issued: January 25, 2005. 1. Offenses — Particular Crimes — Criminal Mischief Where defendant was charged with the least serious variant of criminal mischief, the State was not required to prove […]

51 A.2d 42 ADRIEN J. LEMARIER v. A. TOWLE COMPANY. SAME v. GERARD DUHAIME. No. 3625.Supreme Court of New Hampshire Hillsborough. Decided February 4, 1947. The issue of plaintiff’s contributory negligence was for the jury where, in endeavoring to comply wish the invitation of the defendant driver and to better hear what the driver was […]

92 A.2d 660 LAWRENCE CARAWAY v. AGAPIT JEAN. No. 4137.Supreme Court of New Hampshire Rockingham. Decided December 2, 1952. Where the defendant defaulted upon his chattel mortgage note to the payee bank and the plaintiff as endorser paid the balance due thereon he was entitled to reimbursement from the defendant and as equitable mortgagee had […]

379 A.2d 810 PATRICIA J. GORDON v. LAURENCE W. GORDON, JR. No. 7680Supreme Court of New Hampshire Merrimack Decided October 31, 1977 1. Partition — Basis for Partition In partition proceeding, where master granted wife’s requests that parties had been divorced pursuant to foreign decree and foreign court granted wife one-half interest in New Hampshire […]

381 A.2d 1200 AKTINA COUSSOULE AND COUSSOULE CORP. v. WALTER REDDEN No. 7908Supreme Court of New Hampshire Rockingham Decided January 16, 1978 Municipal Ordinances — Electrical Service — Authority To Terminate Review of city ordinances revealed that while city building commission had authority to terminate plaintiffs’ electrical service, city electrical inspector likewise had such authority […]

340 A.2d 112 OPINION OF THE JUSTICES No. 7245Supreme Court of New Hampshire Request of the Senate Decided June 26, 1975 1. Advisory opinions required by part II, article 74 of the New Hampshire constitution are limited to advice upon important legal questions pending in, and awaiting consideration and action by, the body entitled to […]

503 A.2d 834 WALTER TANGUAY v. PAUL MARSTON No. 84-594Supreme Court of New Hampshire Rockingham Decided January 6, 1986 1. Judgments — Summary Judgment — Depositions While motion for summary judgment must be filed with supporting affidavits, there are no definite time limits for filing depositions in support of such motions. RSA 491:8-a, II, III. […]

360 A.2d 123 SUSAN BRADBURY v. JOHN SHAW a. No. 7289Supreme Court of New Hampshire Strafford Decided June 30, 1976 1. On the present record, the trial court properly found that the involvement in governmental programs and decisions of an industrial advisory committee created by the mayor and consisting primarily of prominent businessmen brought the […]

836 A.2d 768 SANBORN REGIONAL SCHOOL DISTRICT v. THE BUDGET COMMITTEE OF THE SANBORN REGIONAL SCHOOL DISTRICT. No. 2003-290.Supreme Court of New Hampshire RockinghamSubmitted: September 25, 2003. Opinion Issued: November 10, 2003. 1. Schools — Generally — Construction of Statutes Because the statute pertaining specifically to cooperative school districts controls over conflicting provisions of the […]

13 A.3d 256 ALLIANZ GLOBAL RISKS U.S. INSURANCE CO. a. v. THE STATE OF NEW HAMPSHIRE a. No. 2009-745.Supreme Court of New Hampshire. Rockingham.Argued: June 15, 2010. Opinion Issued: November 10, 2010. 1. Eminent Domain — Compensation and Damages — Inverse Condemnation Inverse condemnation occurs when a governmental body takes property in fact but does […]

3 A.2d 97 PETITION OF JOHN F. SIMPSON a. Supreme Court of New Hampshire Grafton. Decided December 6, 1938. Bequest of a fund to a town “to be forever held in trust, the income from the same may be used as may be deemed for the best interest of said town.” No power is thereby […]

419 A.2d 400 DAVID E. ZIMMER v. PETER LANG AND JOSEF ZUND No. 80-019Supreme Court of New Hampshire Hillsborough Decided September 3, 1980 Fraudulent Conveyances — Particular Conveyances Where record showed debtor was within purview of statute describing fraudulent conveyance by insolvent, and debtor had no assets beyond weekly salary, and subject property of conveyance […]