Category: New Hampshire Court Opinions

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 […]

134 A.2d 281 OPINION OF THE JUSTICES. No. 4600.Supreme Court of New Hampshire Request of House of Representatives.Submitted July 6, 1957. Decided July 9, 1957. 1. Proposed legislation which would permit the voters in towns to appropriate a larger sum of money than that specified for a specific purpose in the town meeting warrant would […]

459 A.2d 255 ROYAL GLOBE INSURANCE COMPANIES v. PHILIP L. FLETCHER a. No. 81-272 No. 81-289Supreme Court of New Hampshire Cheshire Decided March 28, 1983 1. Insurance — Construction of Contracts — Ambiguity In a petition for declaratory judgment to determine insurance coverage, trial court’s ruling that the president of landscaping firm was acting within […]

593 A.2d 235 THE STATE OF NEW HAMPSHIRE v. ROBERT E. LEE, JR. No. 89-530Supreme Court of New Hampshire Cheshire Decided July 3, 1991 1. Evidence — Scientific Tests — Burden of Proof Proponent of the admission of evidence based on scientific tests must establish the prima facie reliability of test results. Page 393 2. […]

630 A.2d 276 THE STATE OF NEW HAMPSHIRE v. NORMAND TURGEON No. 92-154Supreme Court of New Hampshire Hillsborough Decided August 19, 1993 1. Appeal and Error — Questions Considered on Appeal — Constitutionality Defendant must satisfy two preconditions before triggering a State constitutional analysis: first, defendant must raise the State constitutional issue below; second, defendant’s […]

343 A.2d 226 JEAN P. NILES a. v. FLORENCE K. HEALY a. SAME v. NEW HAMPSHIRE STATE LIQUOR COMMISSION a. KATHERINE T. KANE v. NEW HAMPSHIRE STATE LIQUOR COMMISSION DONALD P. AYOTTE v. LIQUOR COMMISSION OF THE STATE OF NEW HAMPSHIRE No. 7082 No. 7201Supreme Court of New Hampshire Cheshire Rockingham Decided June 30, 1975 […]

27 A.2d 191 ROSE MARIE BODEAU v. CHARLES BODEAU, JR. No. 3340.Supreme Court of New Hampshire Rockingham. Decided June 24, 1942. Under P. L., c. 288, s. 9, giving custody of her minor children to a married woman who has resided six months successively in this State, her right to their custody is prima facie […]

10 A.2d 224 ALMA A. G. ROUSSIN, Adm’x v. BERNADETTE BLOOD. No. 3120.Supreme Court of New Hampshire Strafford. Decided December 5, 1939. Counsel, in an argument as to probable future net earnings, may use figures as an illustration of the correct method of computation. A conclusion of the jury as to probable future living expenses […]

358 A.2d 661 STATE OF NEW HAMPSHIRE v. DONALD LANDRY No. 7142Supreme Court of New Hampshire Nashua District Court Decided May 29, 1976 1. When a police officer stops a motor vehicle, he has “seized” it and its occupants within the purview of the fourth amendment to the Federal Constitution. 2. The nature and the […]

663 A.2d 632 JOHN E. MACLEOD, II, INDIVIDUALLY AND BY AND THROUGH HIS GUARDIAN, TAMMY L. MACLEOD v. ERIC R. BALL No. 94-193Supreme Court of New Hampshire Hillsborough-northern judicial district Decided August 17, 1995 1. Dismissal — Practice and Procedure — Motions for Failure to State a Claim In reviewing a motion to dismiss for […]

543 A.2d 901 CATHOLIC MEDICAL CENTER and PORTSMOUTH HOSPITAL v. ELLIOT HOSPITAL No. 87-299Supreme Court of New Hampshire Hillsborough Decided May 6, 1988 1. Public Health and Welfare — Institutional Health Services — Certificate of Need Absent a major capital expenditure for equipment, a certificate of need (CON) need not be obtained by a health […]

23 A.2d 327 ETHEL M. PROKEY, Adm’x v. LLOYD W. HAMM. EVELYN PROKEY, by her mother, ETHEL M. PROKEY, v. SAME. ETHEL M. PROKEY, v. SAME. No. 3275.Supreme Court of New Hampshire Carroll. Decided December 2, 1941. One who is put on guard as to a defect in an instrumentality which may make its use […]

617 A.2d 648 LAWRENCE GUARALDI d/b/a CENTURY 21 GUARALDI AGENCY v. THE TRANS-LEASE GROUP AND JOHN McCARTHY No. 91-399Supreme Court of New Hampshire Grafton Decided December 3, 1992 1. Contracts — Modification — Mutual Modification Contractual obligations can be modified by either an express or implied mutual agreement between the parties. 2. Contracts — Modification […]

566 A.2d 183 THE STATE OF NEW HAMPSHIRE v. JAMES POLITO No. 89-017Supreme Court of New Hampshire Belknap Decided November 16, 1989 1. Arrest — Elements — Generally For an effective arrest, there must exist an intent on the part of the arresting officer to take the person into custody and a corresponding understanding by […]

722 A.2d 453 MICHAEL GLICK v. VICTORIA NAESS No. 97-235Supreme Court of New Hampshire Carroll Decided December 3, 1998 1. Costs — Recovery of Costs and Attorney Fees — Appeal of Award; Standards of Review In reviewing superior court’s award of attorney’s fees, supreme court will apply an abuse of discretion standard, giving tremendous deference […]

719 A.2d 603 PETITION OF JAMES J. BIANCO, JR. a. (Belknap County Commissioners) No. 96-589Supreme Court of New Hampshire Original Decided October 8, 1998 1. Appeal and Error — Standards of Review — Particular Cases On review of county board of commissioners’ authorization for city’s taking of avigation easement over property adjacent to municipal airport, […]

189 A.2d 480 ROBERT A. SAYERS v. RALSTON TREE SERVICE. No. 5064.Supreme Court of New Hampshire Rockingham.Argued February 5, 1963. Decided March 29, 1963. 1. In a common-law action for personal injuries sustained in Massachusetts, brought in the name of an employee of a Massachusetts city which was self-insured under the Massachusetts Workmen’s Compensation Act […]

613 A.2d 473 THE STATE OF NEW HAMPSHIRE v. EDWARD K. ELLSWORTH No. 91-003Supreme Court of New Hampshire Strafford Decided August 20, 1992 1. Depositions and Discovery — Victims of Crime — Depositions In order to question a prosecutrix about specific instances of prior sexual activity during a deposition, the defendant must show that there […]

403 A.2d 424 THE STATE OF NEW HAMPSHIRE v. LOUISE FRENCH, a/k/a LOUISE MURPHY No. 79-032Supreme Court of New Hampshire Hillsborough Decided June 27, 1979 1. Evidence — Polygraph Tests — Admissibility Detective’s statement to defendant that if she took polygraph test “it might help to straighten out matters” fell short of a promise not […]

422 A.2d 1037 APPEAL OF METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY (New Hampshire Insurance Commissioner) No. 79-400Supreme Court of New Hampshire Insurance Commissioner Decided November 13, 1980 1. Administrative Law — Elements of Offense — Voluntary Act Legal definition of “knowingly” varies according to the context in which it is used; but it is enough […]

395 A.2d 858 THE STATE OF NEW HAMPSHIRE v. MARK C. WENTWORTH No. 78-149Supreme Court of New Hampshire Rockingham Decided December 6, 1978 1. Trial — Instructions — Reasonable Doubt Considering charge to jury as a whole, instruction defining reasonable doubt as “a strong and abiding conviction that still remains after a careful consideration of […]

56 A.2d 13 LAURA E. GAUTHIER, Ex’x v. DELIMA R. GOSSELIN, Ap’t. No. 3698.Supreme Court of New Hampshire Hillsborough. Decided December 2, 1947. In probate appeals involving the validity of wills the verdict or findings of a jury on issues submitted to it are advisory only to the Trial Court. PROBATE APPEAL, from the allowance […]

77 A.2d 35 PAGE SEED CO. v. CITY HARDWARE STORE. AMERICAN BRUSH CO. v. SAME. THE RODLEY CO. v. SAME. No. 3959.Supreme Court of New Hampshire Coos. Decided December 5, 1950. The attachment of all the personal property of the defendant located within a store building, which was closed, locked and unoccupied, by affixing new […]

113 A.2d 114 OPINION OF THE JUSTICES. No. 4407.Supreme Court of New Hampshire Decided April 6, 1955. The constitutional provision that no public funds shall be applied for the use of schools or institutions of any religious sect or denomination (Pt. II, Art. 83) does not forbid the use of public funds for scholarships and […]

109 A.2d 862 MAE BROSOR, Adm’x v. DAVID F. SULLIVAN. No. 4343.Supreme Court of New Hampshire Hillsborough.Argued November 3, 1954. Decided December 15, 1954. The decedent who occupied a room in the residence of his daughter and son-in-law and paid room and board was held to be a business visitor to whom they owed the […]

253 A.2d 830 STATE ex rel ANN FORTIN v. LEROY HARRIS. No. 5923.Supreme Court of New Hampshire Portsmouth District Court.Argued May 6, 1969. Decided June 3, 1969. 1. Statutes are not construed by picking out a phrase for literal interpretation without reference to the legislative intent of the statute as a whole; and if a […]

660 A.2d 1115 THE STATE OF NEW HAMPSHIRE v. DAVID HAYCOCK No. 94-038Supreme Court of New Hampshire Belknap Decided June 9, 1995 Trial — Criminal Cases — Duties and Discretion of Judge Even where motion for post-decision relief does not comply with the timeliness requirement of Superior Court Rule 59-A(1), the trial court’s discretionary powers […]

343 A.2d 642 BERKSHIRE MUTUAL INSURANCE COMPANY v. LORNA G. LaCHANCE a. No. 7138Supreme Court of New Hampshire Rockingham Decided August 29, 1975 1. An insurance policy is interpreted by considering what the policy as a whole would mean to a reasonable person in the position of the insured giving a more than casual reading […]

339 A.2d 1 BROWNING-FERRIS INDUSTRIES OF NEW HAMPSHIRE, INC. v. STATE OF NEW HAMPSHIRE No. 6789Supreme Court of New Hampshire Public Utilities Commission Decided April 30, 1975 1. The public utilities commission has broad discretion to act in the public interest. 2. A finding favorable to plaintiff was not required, and a denial of plaintiff’s […]

455 A.2d 1006 APPEAL OF C.H.R.I.S.T., INC. (New Hampshire Board of Taxation) No. 81-377Supreme Court of New Hampshire Board of Taxation Decided December 8, 1982 1. Taxation — Exemptions — Construction of Laws The legislature did not intend to allow organizations to claim multiple exemptions under separate provisions of the tax exemption statute. RSA 72:23. […]

165 A.2d 595 WILLIAM SCONSA, by his mother and next friend, BERNICE SCONSA a. v. ESTHER RICHMOND. No. 4834.Supreme Court of New Hampshire Hillsborough.Argued November 1, 1960. Decided November 30, 1960. 1. In personal injury actions by a father for his injured son’s medical bills and loss of earnings and by the son for his […]

100 A.2d 899 STATE v. RUSSELL J. MICHAUD. No. 4242.Supreme Court of New Hampshire Rockingham.Argued October 7, 1953. Decided November 30, 1953. In establishing the validity of a layout of a highway it is essential to prove that the mandatory requirements of the statute relating to the filing of a return of such layout have […]

304 A.2d 89 OPINION OF THE JUSTICES No. 6650Supreme Court of New Hampshire Request of House of Representatives Decided May 2, 1973 1. A legislative declaration of purpose is ordinarily accepted as part of a legislative act, unless it is incompatible with the act’s meaning and effect. 2. The announced purpose of a statute is […]

315 A.2d 191 NEW HAMPSHIRE-VERMONT HOSPITALIZATION SERVICE v. FRANCIS E. WHALAND, INSURANCE COMMISSIONER No. 6723Supreme Court of New Hampshire Insurance Commissioner Decided February 15, 1974 1. There was no evidence in the record relied on by the insurance commissioner to support his order that a ten-day contingency reserve fund would be adequate to ensure the […]

77 A.2d 586 IRENE BISSONNETTE v. ALPINE, INC. CONRAD BISSONNETTE v. SAME No. 3993Supreme Court of New Hampshire Hillsborough Decided January 2, 1951 Where by statute (R. L., c. 387, s. 13) service of writs against corporations may be made upon one of the directors but no provision is made for service upon the president, […]

51 A.2d 41 CHARLES BROUILLETTE v. J. F. McELWAIN CO. No. 3610.Supreme Court of New Hampshire Hillsborough. Decided February 4, 1947. In a common-law action by a servant against his master for injuries sustained when certain waste material he was shoveling as fuel into a furnace allegedly “exploded,” the questions whether the material was dangerous […]

56 A.2d 535 A. WALLACE WILKINS a. Trustees v. GRACE S. MILTIMORE a. No. 3703.Supreme Court of New Hampshire Hillsborough. Decided January 6, 1948. A bequest of income unlimited as to time and without any disposition of the corpus of the fund is a bequest of such corpus when such a construction is consistent with […]

24 A.2d 279 ANTONIO SERAFINO v. BOSTON CASUALTY COMPANY. No. 3297.Supreme Court of New Hampshire Rockingham. Decided January 6, 1942. A chronic disease is one of long standing. Inasmuch as gallstones do not form in a short period of time, their presence indicates a chronic disease of the gall bladder; and an operation for removal […]

744 A.2d 1116 PAULINE G. LaFLAMME v. GASTON N. LaFLAMME No. 97-390Supreme Court of New Hampshire Coos Decided December 28, 1999 1. Divorce — Alimony — Generally Alimony is something more than a mere substitute for support; it is also understood to include, as an element for consideration, adjustment of property rights upon an equitable […]

128 A.2d 921 DONALD L. RECORD v. FRED WAGNER. No. 4524.Supreme Court of New Hampshire Grafton.Submitted January 4, 1957. Decided January 31, 1957. Where the plaintiff performed services in baling hay on defendant’s premises at the request of the latter’s resident farm employee and received payment therefor from the defendant, the evidence justified a finding […]

571 A.2d 260 THE STATE OF NEW HAMPSHIRE v. RICHARD COLBATH No. 88-304Supreme Court of New Hampshire Strafford Decided March 8, 1990 1. Jury — Voir Dire — Scope Discretion to expand the scope of voir dire questioning, beyond the statutory requirements and inquiry regarding the presumption of innocence and burden of proof in criminal […]

651 A.2d 7 In re SHEENA B. No. 93-603Supreme Court of New Hampshire Hillsborough County Probate Court Decided December 9, 1994 1. Parent and Child — Termination of Parental Rights — Tests and Standards A party seeking to terminate parental rights must prove the statutory ground for termination beyond a reasonable doubt; after one of […]

702 A.2d 795 LSP ASSOCIATION v. TOWN OF GILFORD LSP DWELLING UNIT OWNERS GROUP v. TOWN OF GILFORD No. 95-500Supreme Court of New Hampshire Belknap Decided November 3, 1997 1. Taxation — Assessment of Real Property Taxes — Abatement In an appeal from the denial of a petition for tax abatement, the superior court lacked […]

251 A.2d 332 PETITION OF BOSTON MAINE CORPORATION. No. 5865.Supreme Court of New Hampshire Public Utilities Commission.Argued February 5, 1969. Decided March 20, 1969. 1. A statute which is clearly in conflict with the Constitution will be declared in operative. 2. Administrative boards with dual governmental functions do not conflict with the constitutional requirement of […]

92 A.2d 916 ALBERT L. DESROSIERS v. DIONNE BROS. FURNITURE, INC. a. No. 4159.Supreme Court of New Hampshire Hillsborough. Decided December 2, 1952. The ninety-day period within which an employer shall furnish medical and hospital care to injured employees under the Workmen’s Compensation Act (Laws 1947, c. 266, s. 19) commences at the time the […]

855 A.2d 1250 THE STATE OF NEW HAMPSHIRE v. JOHN D. WIGGIN. No. 2003-628.Supreme Court of New Hampshire Henniker District Court.Argued: July 15, 2004. Opinion Issued: August 26, 2004. 1. Search and Seizure — Generally — Investigative Stops To undertake an investigatory stop, a police officer must have reasonable suspicion, based upon specific, articulable facts […]

139 A.2d 628 INSTITUTE FOR TREND RESEARCH v. CHARLES GRIFFIN, Director, Division of Employment Security. No. 4638.Supreme Court of New Hampshire Merrimack.Argued February 4, 1958. Decided March 20, 1958. 1. In declaratory judgment proceedings to determine the liability of the plaintiff corporation for unemployment compensation contributions (RSA 282:1 (H) (4) (h)) the fact that the […]

415 A.2d 671 93 CLEARING HOUSE, INC. v. AMIN KHOURY a. No. 79-162Supreme Court of New Hampshire Grafton Decided May 12, 1980 1. Brokers — Commission — Brokers Entitled to If seller and broker do not have an agency agreement, broker cannot recover a real estate commission. 2. Contracts — Implied Contracts — Inference From […]

766 A.2d 708 RICHARD A. LAKE v. JOSEPH E. SULLIVAN a. No. 98-051Supreme Court of New Hampshire Carroll Decided January 24, 2001 1. Contracts — Construction — Particular Terms Contract between plaintiff and his son was more akin to a lease with an option to purchase than a purchase and sales agreement, where son held […]

438 A.2d 308 APPEAL OF THE CITY OF MANCHESTER (New Hampshire Public Utilities Commission) No. 81-148Supreme Court of New Hampshire Public Utilities Commission Decided December 8, 1981 1. Railroads — Statutes — Construction In apportioning costs of installation of protective devices at railroad crossing, public utilities commission is required to consider whether the railroad or […]

371 A.2d 170 ARTHUR RAYMOND AND PATRICIA RAYMOND v. ELI LILLY AND COMPANY No. 7577Supreme Court of New Hampshire United States Court of Appeals for the First Circuit Decided February 28, 1977 1. Limitations of Actions — Discovery of Cause of Injury or Damage The law question certified by the federal court of appeals presupposes […]

300 A.2d 53 WILLIAM R. CARTER v. TOWN OF DERRY No. 5928Supreme Court of New Hampshire Rockingham Decided January 31, 1973 1. Zoning board’s statutory mandate to grant only such variances as would not be contrary to the public interest warranted the board’s denial as a proper exercise of police power in the interests of […]

369 A.2d 197 STATE OF NEW HAMPSHIRE v. GUY B. MILLER No. 7528Supreme Court of New Hampshire Laconia District Court Decided January 31, 1977 1. Constitutional Law — Fourteenth Amendment Generally The fourteenth amendment has always been directed against discriminatory actions by states, and has not worked to prevent private conduct that may result in […]

157 A.2d 769 PHILLIPS EXETER ACADEMY v. ISABEL M. GLEASON a. No. 4722.Supreme Court of New Hampshire Rockingham.Argued October 6, 1959. Reserved case amended December 16, 1959. Decided January 27, 1960. 1. The decision handed down in Rockwell v. Dow, 85 N.H. 58 in 1931 establishing the exclusive jurisdiction of the probate court in the […]

750 A.2d 48 THE STATE OF NEW HAMPSHIRE v. RYAN P. HOWE No. 97-676Supreme Court of New Hampshire Grafton Decided April 7, 2000 1. Appeal and Error — Preservation of Questions — Failureto Raise Below Court on appeal will not review constitutional issues not presented below. 2. Probation and Parole — Probation — Revocation Probation […]

723 A.2d 30 GLORIA KONEFAL a. v. HOLLIS/BROOKLINE COOPERATIVE SCHOOL DISTRICT a. No. 96-621Supreme Court of New Hampshire Hillsborough-southern judicial district Decided December 29, 1998 1. Administrative Law — Exhaustion of Administrative Remedies— Generally A party’s administrative remedies must be exhausted when the question at issue involves the proper exercise of administrative discretion. 2. Administrative […]

385 A.2d 111 In re ESTATE OF LLOYD D. LUND No. 7884Supreme Court of New Hampshire Belknap Probate Court Decided March 31, 1978 1. Wills — Probate — Proof of Will Where original probate of will was not contested, proof of the will in common form was proper. 2. Wills — Probate — Proof of […]

293 A.2d 320 LEDA LANES REALTY, INC. v. CITY OF NASHUA a. EDWARD N. LEHOULLIER a. v. SAME. TURNPIKE ASSOCIATES v. SAME. Nos. 6438, 6439, 6440.Supreme Court of New Hampshire Hillsborough. Decided June 30, 1972. 1. When authorized by a municipality pursuant to RSA 36:19-a, municipal planning board may pass upon site plans for development […]

522 A.2d 982 MIDWAY EXCAVATORS, INC. v. JOHN P. CHANDLER, COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS No. 85-359Supreme Court of New Hampshire Merrimack Decided October 3, 1986 1. Reformation of Instruments — Grounds for Granting — Generally Reformation will only be granted where the evidence is clear and convincing that (1) there […]

577 A.2d 403 In re APPEAL OF WORKING ON WASTE (New Hampshire Solid Waste Management Council) No. 88-452Supreme Court of New Hampshire Solid Waste Management Council Decided July 9, 1990 1. Administrative Law — Judicial Review — Findings An administrative agency’s findings of fact must be treated as prima facie reasonable, and administrative action must […]