Category: New Hampshire Court Opinions

540 A.2d 1233 TOWN OF RYE AND TOWN OF HAMPTON FALLS v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE AND THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION No. 87-062Supreme Court of New Hampshire Rockingham Decided March 29, 1988 1. Statutes — Construction and Application — Plain Meaning In any case involving the interpretation of a […]

597 A.2d 1068 THE STATE OF NEW HAMPSHIRE v. STANLEY MATIYOSUS No. 90-440Supreme Court of New Hampshire Merrimack Decided October 9, 1991 1. Constitutional Law — Right to Effective Counsel — Standard of Competence A criminal defendant is entitled to reasonably competent assistance of counsel under the New Hampshire and United States Constitutions. U.S. CONST. […]

96 A.2d 574 DOROTHY GILBERT ECKSTROM v. LAWRENCE J. ECKSTROM. No. 4181.Supreme Court of New Hampshire Hillsborough. Decided May 5, 1953. The authority of the Superior Court to grant separate maintenance is by virtue of statute (R. L., c. 339, s. 29, as amended by Laws 1949, c. 240, s. 2). A wife who is […]

635 A.2d 982 KEVIN WEBSTER v. RONALD L. POWELL, COMMISSIONER No. 92-753Supreme Court of New Hampshire Hillsborough-southern judicial district Decided December 15, 1993 1. Appeal and Error — Standards of Review — Generally While ordinarily deference is given to trial court’s findings of fact unless clearly erroneous, this is not so where trial court relied […]

767 A.2d 441 CITY OF BERLIN v. COUNTY OF COOS No. 98-699Supreme Court of New Hampshire Coos Decided March 1, 2001 1. Taxation — Constitutional Requirements and Restrictions —Equality and Uniformity Test to determine whether tax is proportionate and reasonable is whether taxpayers’ property was valued at same percent of its true value as all […]

333 A.2d 159 STATE OF NEW HAMPSHIRE v. LEONARD MERSKI No. 6507Supreme Court of New Hampshire Merrimack Decided February 28, 1975 1. Ordinance providing in part that it shall be unlawful to permit any dog to run at large within the compact area of the city and defining “running at large” as meaning outside the […]

400 A.2d 58 TRI-STATE TIMBERLAND CORP. AND ATKINSON-DAVIS CORP. v. TOWN OF CROYDON No. 78-146 No. 78-147Supreme Court of New Hampshire Board of Taxation Decided March 30, 1979 1. Taxation — Current Use Tax — Current Use Advisory Board Although responsibility for appraising land within the range of valuations established by the current use advisory […]

348 A.2d 354 RONALD MOSES v. RAYMOND A. HELGEMOE, WARDEN, NEW HAMPSHIRE STATE PRISON No. 7221Supreme Court of New Hampshire Original Decided November 28, 1975 1. The question of bail is discretionary with the superior court, and the court’s action on the question will not be disturbed except on evidence of a compelling nature. 2. […]

214 A.2d 109 JOHN E. TAYLOR v. METROPOLITAN LIFE INSURANCE COMPANY. No. 5317.Supreme Court of New Hampshire Merrimack.Argued April 6, 1965. Reargued September 9, 1965. Decided October 29, 1965. 1. Where the defense to an action to recover benefits under an accident and health policy of insurance was that the insured gave false statements in […]

566 A.2d 181 FAMILY BANK AND TRUST v. WALTER W. WHITE No. 88-360Supreme Court of New Hampshire Merrimack Decided November 16, 1989 1. Banks and Banking — Bank Officers and Employees — Prohibited Conduct Plain meaning of statute prohibiting certain bank fees is that it prohibits a bank officer or employee from receiving a fee, […]

313 A.2d 730 STATE OF NEW HAMPSHIRE v. GEORGE HANSON No. 6329Supreme Court of New Hampshire Merrimack Decided December 28, 1973 1. Search warrant is invalid if it is issued on the basis of facts and circumstances acquired by an illegal search of defendant’s premises by police officers. 2. Curtilage for search and seizure purposes […]

420 A.2d 297 FRANK THOMPSON AND CAPITOL SIGN CO., INC. v. RUSSELL L. POIRIER AND SANDRA A. POIRIER No. 79-426Supreme Court of New Hampshire Merrimack Decided September 10, 1980 1. Appeal and Error — Scope of Review — Record on Review Supreme court will not disturb a trial court’s finding of fact as long as […]

599 A.2d 112 APPEAL OF BARBARA NOLAN a. (New Hampshire Personnel Appeals Board) No. 90-151Supreme Court of New Hampshire Personnel Appeals Board Decided November 6, 1991 1. Administrative Law — Judicial Review — Standards On appeal, agency order or decision is not to be set aside or vacated except for errors of law, unless the […]

196 A.2d 52 STATE v. RUSSELL NELSON. STATE v. FRED J. MARTINEAU. No. 5167.Supreme Court of New Hampshire Hillsborough.Argued October 3, 1963. Decided December 20, 1963. 1. In indictments for murder in the first degree in which the respondents were tried prior to the decision of Mapp v. Ohio, 367 U.S. 643, failure of counsel, […]

373 A.2d 352 L L PORTSMOUTH THEATRES, INC. v. CITY OF PORTSMOUTH a. No. 7620Supreme Court of New Hampshire Rockingham Decided April 29, 1977 1. Highways — Discontinuance — Standing To Contest Where theater owner’s property was separated from proposed discontinued section of street theater abutted on by only narrow cross street, theater owner acquired […]

333 A.2d 450 DAVID P. BONIN v. RICHARD L. HOWARD No. 7018Supreme Court of New Hampshire Rockingham Decided February 28, 1975 1. The buyer’s failure to prove that the seller had negligently stated that the house foundation was waterproof and the well water adequate to induce him to purchase the house, and his failure to […]

285 A.2d 364 MANCHESTER HOUSING AUTHORITY v. MAURICE A. BELCOURT a. SAME v. EUGENE F. COTE a. No. 6207, No. 6208.Supreme Court of New Hampshire Hillsborough. Decided December 7, 1971. 1. Attorney’s fees, costs, and expenses in a condemnation proceeding are not recoverable at common law and are not a part of a property owner’s […]

80 A.2d 391 JOSEPH C. ROGERS v. ANPENTINE J. NELSON d.b.a. ROYAL TRANSPORTATION CO. No. 4026.Supreme Court of New Hampshire Strafford. Decided May 1, 1951. Where the plaintiff’s motor vehicle collided with the defendant’s trailer truck at an intersecting way, the issue of the defendant’s causal negligence in failing to stop at a stop sign […]

221 A.2d 249 MILDRED GOSSLER v. MAURICE I. MILLER No. 5448.Supreme Court of New Hampshire Hillsborough.Argued April 5, 1966. Decided July 15, 1966. 1. An owner of business premises adjacent to a public sidewalk may not be held liable for injuries sustained by a pedestrian allegedly resulting from a defect therein, although the owner had […]

742 A.2d 527 THE STATE OF NEW HAMPSHIRE v. TIMOTHY KERWIN No. 97-296Supreme Court of New Hampshire Strafford Decided December 3, 1999 1. Trial — Criminal Cases — Generally — Mistrial A mistrial is appropriate when circumstances indicate that justice may not be done if trial continues to a verdict; to justify a mistrial, conduct […]

233 A.2d 825 BARBARA A. CALLAGHAN v. JOSEPH CALLAGHAN. No. 5635.Supreme Court of New Hampshire Strafford.Argued September 7, 1967. Decided October 6, 1967. 1. The findings of the Trial Court in divorce proceedings are binding where there is evidence to support them. Libel for divorce based on the allegation that the libelee was guilty of […]

3 A.2d 95 CHARLES P. HEFFENGER, Adm’r v. CHARLES P. HEFFENGER.[,] a,[.] Ex’rs. Supreme Court of New Hampshire Rockingham. Decided December 6, 1938. The presumption against partial intestacy is neither evidence nor of evidentiary value, but its sole function is to take the place of evidence of intention; and where there is either evidence or […]

777 A.2d 292 WILLIAM MORSE, ADMINISTRATOR OF THE ESTATE OF SAMUEL T. MORSE v. RICHARD A. GODUTI No. 99-592Supreme Court of New Hampshire Merrimack Decided August 10, 2001 1. Negligence — Standard of Care — Care Toward Children In negligence action arising from the drowning death in defendant’s pond of plaintiff’s decedent, a ten-year-old, developmentally […]

503 A.2d 769 THE STATE OF NEW HAMPSHIRE v. YVONNE M. DENNEHY No. 84-409Supreme Court of New Hampshire Hillsborough Decided December 4, 1985 1. Constitutional Law — Right to Effective Counsel Both the United States Constitution and the New Hampshire Constitution guarantee the accused a right to the effective assistance of counsel. U.S. CONST. amend. […]

481 A.2d 534 THE STATE OF NEW HAMPSHIRE v. RODNEY PORTIGUE No. 83-126Supreme Court of New Hampshire Strafford Decided August 9, 1984 1. Indictment and Information — Sufficiency — Generally A constitutionally sufficient indictment informs the defendant of each element charged with sufficient specificity to enable the defendant to prepare his defense. U.S. CONST. amend. […]

581 A.2d 69 THE STATE OF NEW HAMPSHIRE v. LIAM COLLINS No. 89-020Supreme Court of New Hampshire Strafford Decided October 17, 1990 1. Estoppel — Collateral Estoppel — Criminal Cases Since habeas corpus proceeding is civil in nature, estoppel issue concerning whether evidentiary conclusions made in the course of habeas corpus review would preclude the […]

293 A.2d 599 CITY OF DOVER v. B C P REALTY. No. 6396.Supreme Court of New Hampshire Strafford. Decided June 30, 1972. 1. A tenant at will became a tenant at sufferance when she continued to occupy an apartment after the expiration of the time to quit stated in her landlord’s notice to her and […]

849 A.2d 127 THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER J. McKEOWN. No. 2002-792.Supreme Court of New Hampshire Plymouth District Court.Argued: February 4, 2004. Opinion Issued: May 27, 2004. 1. Search and Seizure — Generally — Investigative Stops A stop has occurred when an officer, by means of physical force or show of authority, has […]

29 A.2d 422 ELVINA PFLUG v. CHARLES G. W. PFLUG. No. 3373.Supreme Court of New Hampshire Rockingham. Decided December 1, 1942. The rule that in divorce trials the court is not bound by strict rules of evidence but may exercise a broad discretion as to its reception is properly extended to proceedings for separate maintenance […]

924 A.2d 355 PATRICK CANTWELL v. J R PROPERTIES UNLIMITED, INC. No. 2006-382.Supreme Court of New Hampshire Grafton.Argued: April 3, 2007. Opinion Issued: May 30, 2007. 1. Parties — Class Actions — Deferral of Certification Because class certification usually is not decided upon the pleadings, the predominant view is to allow discovery before the motion […]

431 A.2d 789 In re HEATHER D. No. 81-028Supreme Court of New Hampshire Manchester District Court Decided June 23, 1981 1. Constitutional Law — New Hampshire Constitution — Court-Appointed Counsel RSA ch. 604-A clearly and unambiguously guarantees legal representation only to indigent defendants in criminal cases and to any juveniles charged with being delinquent, and […]

493 A.2d 1213 ROBERT BRENNAN v. MICHAEL J. CUNNINGHAM, WARDEN OF THE NEW HAMPSHIRE STATE PRISON No. 84-308Supreme Court of New Hampshire Merrimack Decided May 28, 1985 1. Habeas Corpus — Availability of Writ — Generally The procedural prerequisite for a court’s consideration of a petition for a writ of habeas corpus is an allegation […]

880 A.2d 380 APPEAL OF ALPHADIRECTIONS, INC. (New Hampshire Department of Insurance). No. 2004-518.Supreme Court of New Hampshire Insurance Department.Argued: May 10, 2005. Opinion Issued: July 29, 2005. 1. Insurance — Agents and Brokers — License The term “obtain” in the definition of “negotiate” does not require the person subject to licensure under the statute […]

517 A.2d 1174 THE STATE OF NEW HAMPSHIRE v. KEVIN P. O’LEARY No. 85-437Supreme Court of New Hampshire Rockingham Decided October 3, 1986 1. Criminal Law — Plea-Bargaining — Enforcement of Agreements A defendant who is a party to a wholly executory plea agreement has no claim to its enforcement on due process grounds because […]

40 A.2d 741 MARY ROWLAND v. ST. MARY’S BANK. No. 3496.Supreme Court of New Hampshire Hillsborough. Decided December 5, 1944. The issue of retention of control by the landlord over that portion of the demised premises where a member of the tenant’s family sustained her injury was for the jury, where there was evidence that […]

118 A.2d 884 DELBERT M. PITMAN v. C. CARROLL CUNNINGHAM a. No. 4464.Supreme Court of New Hampshire Merrimack.Argued December 6, 1955. Decided December 21, 1955. A nonresident attorney who enters the state voluntarily and without compulsion to represent a client before a National Labor Relations Board hearing officer is not immune from service of civil […]

497 A.2d 1214 JOHN ROHDE v. FIRST DEPOSIT NATIONAL BANK, f/k/a THE CITIZENS NATIONAL BANK No. 84-059Supreme Court of New Hampshire Belknap Decided August 15, 1985 1. Contracts — Employment Contracts — Particular Cases Trial court properly dismissed plaintiff’s claims for breach of bank officer employment contract, since federal law renders unenforceable, as against public […]

71 A.2d 416 LEONORA COUSINS v. MARGARET ROY. No. 3886.Supreme Court of New Hampshire Hillsborough, Decided February 7, 1950. In an action by a tenant against her landlord for injuries sustained in a fall while descending a common stairway maintained by the landlord the issue of inadequate light was properly withdrawn from the jury where […]

351 A.2d 891 LIBERTY MUTUAL INSURANCE CO. v. HOME INSURANCE INDEMNITY CO. a. No. 6985Supreme Court of New Hampshire Hillsborough Decided January 31, 1976 1. The driving of the customer’s car by Lavigne, the foreman and alleged president of a corporation engaged in the general business of car repairs, from the parking lot into the […]

643 A.2d 956 DENNIS S. ROBERTS v. GENERAL MOTORS CORPORATION No. 92-703Supreme Court of New Hampshire Rockingham Decided June 7, 1994 1. Judgments — Summary Judgment — Standard for Granting Summary judgment is appropriate where, after considering all of the evidence in the light most favorable to the non-moving party, the trial court determines that […]

343 A.2d 24 JAMES M. METZGER a. v. TOWN OF BRENTWOOD No. 7108Supreme Court of New Hampshire Rockingham Decided May 30, 1975 1. The rule requiring administrative remedies to be exhausted prior to an appeal to the courts is based on the reasonable policies of encouraging the exercise of administrative expertise, preserving agency autonomy, and […]

274 A.2d 785 BOKOWSKY v. STATE a. No. 6132.Supreme Court of New Hampshire Original. Decided February 26, 1971. 1. The Attorney General may enter a nolle prosequi in the superior court on an indictment following a bind over, whether the prosecution of the alleged crime originated with a public official or a private individual, when, […]

122 A.2d 533 RIGO A. VASOLI v. EVELYN M. VASOLI. No. 4475.Supreme Court of New Hampshire Strafford.Argued March 7, 1956. Decided April 27, 1956. The statutory power of the Superior Court (RSA 458:19) to order disclosure of a husband’s assets in advance of trial of a libel for divorce does not equally apply to disclosure […]

761 A.2d 465 EDWARD WARREN v. TOWN OF EAST KINGSTON No. 98-064Supreme Court of New Hampshire Rockingham Decided September 6, 2000 1. Appeal and Error — Preservation of Questions — Failure toRaise Below Plaintiff did not waive his arguments against application of res judicata and collateral estoppel, since he referred to those issues in his […]

66 A.2d 697 ELIZABETH R. LYNCH v. L. B. SPRAGUE, INC. No. 3830.Supreme Court of New Hampshire Carroll. Decided June 7, 1949. In an action by a business invitee of the defendant hotel for injuries sustained in a fall from a ladder in her hotel room, the question of whether the defendant failed in its […]

668 A.2d 41 THE STATE OF NEW HAMPSHIRE v. STEVEN ROY No. 93-795Supreme Court of New Hampshire Rockingham Decided December 6, 1995 1. Criminal Law — Self-Incrimination — Immunity As amended in 1993, New Hampshire’s immunity statute, RSA 516:34, vests with the State the power to request that a witness, who has asserted his or […]

13 A.3d 293 THE STATE OF NEW HAMPSHIRE v. HAROLD OAKES. No. 2009-145.Supreme Court of New Hampshire. GraftonArgued: September 15, 2010. Opinion Issued: December 7, 2010. 1. Witnesses — Credibility — Generally, Jury Issue The evaluation of witness credibility and the weight given to witnesses’ testimony are issues for the jury to resolve. The jury […]

433 A.2d 1284 In re ESTATE OF RUTH FERNALD HOLST No. 80-430Supreme Court of New Hampshire Merrimack County Probate Court Decided August 5, 1981 1. Wills — Construction — Tax Clause Federal estate tax is included in the terms “inheritance taxes” and “legacy and inheritance taxes.” 2. Wills — Construction — Tax Clause The words […]

415 A.2d 331 JERRY’S SPORT CENTER, INC. v. WILLIAM G. NOVICK AND RALEIGH CLARK d/b/a NORTH EAST OUTFITTERS No. 79-336Supreme Court of New Hampshire Cheshire Decided May 12, 1980 1. Appeal and Error — Scope of Review — Deference to Judgment of Trial Court Supreme court will not disturb ruling of trial court where it […]

667 A.2d 1032 THE STATE OF NEW HAMPSHIRE v. SCOTT WEEKS No. 94-181Supreme Court of New Hampshire Strafford Decided November 28, 1995 1. Evidence — Particular Matters — Opening the Door Doctrine The defendant’s argument that the witness opened the door to further cross-examination was unpersuasive because witness’s misrepresentation of amount of money involved in […]

243 A.2d 301 CRANDALL R. WALLENSTEIN v. LUCILLE DOYLE a. No. 5763.Supreme Court of New Hampshire Merrimack.Argued June 4, 1968. Decided June 28, 1968. 1. Whether money was deposited with a sheriff for the purpose of preventing further attachments of a wife’s property alone or was deposited to prevent further attachments on property of her […]

59 A.2d 482 ALICE KROOK, by her father and next friend, JOSEPH KROOK v. ADOLPH BLOMBERG. No. 3732.Supreme Court of New Hampshire Rockingham. Decided June 1, 1948. An order of the Trial Court that a plaintiff, in a personal injury action, submit to a physical examination by a particular physician is within its inherent discretionary […]

677 A.2d 665 ROLAND BRONSON, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JUDY LEE BRONSON v. THE HITCHCOCK CLINIC No. 92-576Supreme Court of New Hampshire Coos Decided May 8, 1996 1. Verdict — Withdrawal of Issues From Jury — Generally Though they are made at different points in a trial, motions for directed verdict […]

637 A.2d 148 JERILDINE AND CHESTER E. CHELLMAN, III v. SAAB — SCANIA AB, SAAB CAR DIVISION a. No. 92-429Supreme Court of New Hampshire Carroll Decided December 17, 1993 1. Torts — Products Liability — Nature and Purpose of Strict Products Liability Design defect theory of strict products liability applies when the product is manufactured […]

366 A.2d 504 LAWRENCE J. HOUDE v. DEBORAH HOUDE BECKMEYER No. 7481Supreme Court of New Hampshire Strafford Decided November 30, 1976 1. The award of custody is not a device to reward or punish parents, and a violation of a court decree by one of the parents is not necessarily controlling on the question of […]

79 A.2d 16 MARY A. DRESCHER, Adm’x v. GRANITE STATE MACHINE COMPANY. No. 4015.Supreme Court of New Hampshire Hillsborough. March 6, 1951. A written statement given to a physician by the decedent as to the manner in which he received his injuries is in the nature of an admission which is binding upon the administrator […]

243 A.2d 308 DONOVAN’S CASE. No. 5787.Supreme Court of New Hampshire Original.Submitted June 6, 1968. Decided June 28, 1968. 1. The embezzlement of substantial amounts of clients’ funds by an attorney was held to be a gross violation of professional ethics demonstrating unfitness to be a member of the Bar. William F. Harrington, President of […]

889 A.2d 32 TOWN OF HINSDALE v. TOWN OF CHESTERFIELD. No. 2004-802.Supreme Court of New Hampshire Cheshire.Argued: October 20, 2005. Opinion Issued: December 29, 2005. 1. Highways — Generally — Laying Out, Altering, Reclassifying or Discontinuing In stating that “like proceedings shall be had on such petition as in the case of appeals in the […]

382 A.2d 1108 LAKES REGION FINANCE CORPORATION v. GOODHUE BOAT YARD, INC. AND MANELAOS MAKRIS No. 7888Supreme Court of New Hampshire Belknap Decided February 17, 1978 1. Mortgages — Foreclosure — Sale Holder of note secured by second mortgage on condominium who also acted as auctioneer at foreclosure sale on condominium had duty to exercise […]

221 A.2d 780 ROBERT C. WALLACE v. BARRY N. LOUGEE a. No. 5468.Supreme Court of New Hampshire Rockingham.Argued May 4, 1966. Decided June 30, 1966. 1. The probate court had jurisdiction to entertain a petition to adopt a minor child of divorced parents which bore the written consent of the natural mother, and to enter […]

141 A.2d 883 MANUEL PERRY, JR. v. JOHN PARKER. No. 4621.Supreme Court of New Hampshire Rockingham.Submitted April 1, 1958. Decided May 29, 1958. 1. In determining a boundary dispute it was proper for the Trial Court to admit as an exhibit a plan of the area duly filed and recorded in the registry of deeds, […]

313 A.2d 403 DOROTHY LaBONTE v. NATIONAL GYPSUM COMPANY No. 5952aSupreme Court of New Hampshire Rockingham Decided December 28, 1973 1. A finding that defendant-employer was liable to the plaintiff for damages for loss of consortium in not using reasonable care to provide a reasonably safe place for her husband to work was warranted either […]

466 A.2d 911 WILFRED E. LAHEY v. CHARLES T. SHAW a. No. 82-045Supreme Court of New Hampshire Hillsborough Decided August 31, 1983 1. Verdict — Motion To Set Aside — Standards A trial judge may set aside a verdict on the ground that it is excessive if the damages are manifestly exorbitant and so excessive […]

615 A.2d 635 THE STATE OF NEW HAMPSHIRE v. ERNEST LEMIEUX No. 91-274Supreme Court of New Hampshire Coos Decided November 4, 1992 1. Sexual Assault — Aggravated Felonious Sexual Assault — Elements Requisite mental state for conviction of aggravated felonious sexual assault is “knowingly,” not “purposely.” RSA 632-A:2. 2. Evidence — Opinions — Admissibility Court […]

606 A.2d 1375 CHRISTOPHER C. FINLAY v. ANTHONY J. FREDERICK, JR. No. 90-314Supreme Court of New Hampshire Hillsborough Decided May 1, 1992 1. Appeal and Error — Findings — Tests for Overturning Trial court’s findings or rulings will not be disturbed on appeal unless they are not supported by the evidence or are erroneous as […]

427 A.2d 24 In re IRENE W. No. 80-317Supreme Court of New Hampshire Merrimack County Probate Court Decided March 6, 1981 1. Parent and Child — Parental Rights — Termination Where probate court entered a decree terminating mother’s parental rights, and she had a right to appeal the decision within thirty days under RSA 170-C:15 […]

27 A.3d 852 DARLENE GRAY v. COMMONWEALTH LAND TITLE INSURANCE COMPANY. No. 2010-129.Supreme Court of New Hampshire. Rockingham.Argued: January 20, 2011. Opinion Issued: May 26, 2011. 1. Insurance — Policies — Construction The interpretation of insurance policy language is a question of law, which is reviewed de novo. A court construes the language as would […]