128 A.2d 202 GAYLE P. BENTLEY, by her father and next friend a. v. EDWARD B. ADAMS. No. 4508.Supreme Court of New Hampshire Merrimack.Argued November 7, 1956. Decided December 31, 1956. Where the plaintiff prior to a motor vehicle accident was a healthy normal person and immediately following it suffered from dizziness and emotional instability, […]
Category: New Hampshire Court Opinions
TOWLE v. LANE, 61 N.H. 586 (1882)
TOWLE v. LANE a. Supreme Court of New Hampshire Rockingham. Decided June, 1882. A recovery by an assignee in bankruptcy of a sum paid by the bankrupt upon a debt to one of his creditors, after the commencement of proceedings in bankruptcy, is an extinguishment of the payment, and the debt to that extent is […]
COUSINS v. MANCHESTER, 67 N.H. 229 (1892)
38 A. 724 COUSINS v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided June, 1892. A de facto officer, performing the duties of the office without objection, is entitled to compensation in the absence of any rightful claimant of the office. Page 230 ASSUMPSIT, for compensation as a fireman. Facts agreed. In February, 1890, the […]
PRAY SONS CO. v. COMPANY, 76 N.H. 167 (1911)
80 A. 337 JOHN H. PRAY SONS CO. v. APPLEDORE LAND BUILDING CO. Supreme Court of New Hampshire Hillsborough. Decided June 6, 1911. A contract whereby the owners of a hotel agree to allow their lessee a certain sum for equipment does not constitute the latter their agent to make the purchases, nor render them […]
BOYLE v. DUDLEY, 87 N.H. 282 (1935)
179 A. 11 SUSIE E. BOYLE, Ap’t. v. ALBERTUS T. DUDLEY, Adm’r. Supreme Court of New Hampshire Rockingham. Decided May 7, 1935. In assumpsit, counting upon a promise to the plaintiff by defendant’s testate to make mutual wills in consideration of plaintiff’s future services and that by testate’s will the plaintiff would receive all of […]
DOE v. STATE, 114 N.H. 714 (1974)
328 A.2d 784 JOHN DOE v. STATE OF NEW HAMPSHIRE No. 6921Supreme Court of New Hampshire Keene District Court Decided November 22, 1974 1. The annulment under the authority of RSA 651:5 (Supp. 1973) of the defendant’s conviction and sentence entered prior to the effective date of the statute would not be an application of […]
ARCAND v. COMPANY, 91 N.H. 194 (1940)
16 A.2d 697 IRENE V. HUTCHINS ARCAND, Adm’x v. GUTTERSON GOULD, INC. No. 3205.Supreme Court of New Hampshire Rockingham. Decided December 3, 1940. The power of Congress in admiralty and maritime matters excludes any jurisdiction on the part of the states to fix and determine the rights and liabilities of persons engaged in maritime occupations […]
COMPANY v. GILFORD, 64 N.H. 514 (1888)
15 A. 137 WINNIPISEOGEE LAKE COTTON AND WOOLEN MFG. CO. v. GILFORD. Supreme Court of New Hampshire Belknap. Decided June, 1888. A tax-payer is liable to pay ten per cent. interest on the amount of his tax as finally determined by the court upon appeal, although the assessment made by the selectmen be reduced, and […]
BOSTON ICE CO. v. RAILROAD, 77 N.H. 6 (1913)
86 A. 356 BOSTON ICE CO. a. v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided March 4, 1913. The law of the state where a contract of insurance is made and is to be executed is necessarily within the contemplation of the parties and must be examined to ascertain the terms by […]
IN THE MATTER OF ROSSINO, 153 N.H. 282 (2006)
IN THE MATTER OF LUCILLE J. ROSSINO AND JOSEPH A. ROSSINO. No. 2004-895.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: November 16, 2005. Opinion Issued: February 24, 2006. 1. Divorce — Child Support — Amount; Factors Considered Rule of prior case that child support obligations should not be reduced where a party’s own conduct has […]
JERRY’S SPORT CENTER, INC. v. NOVICK, 122 N.H. 636 (1982)
448 A.2d 404 JERRY’S SPORT CENTER, INC. v. WILLIAM G. NOVICK AND RALEIGH CLARK, d/b/a NORTHEAST OUTFITTERS No. 81-350 No. 81-353Supreme Court of New Hampshire Cheshire Decided July 7, 1982 1. Constitutional Law — Due Process — Generally The fourteenth amendment protects individuals only against actions by the State. U.S. CONST. amend. XIV. 2. Civil […]
IN RE TIMOTHY L., 120 N.H. 286 (1980)
414 A.2d 543 In re TIMOTHY L. No. 79-179Supreme Court of New Hampshire Merrimack Decided May 5, 1980 Appeal and Error — Dismissal on Appeal — Moot Questions Juvenile’s claim, that his commitment under RSA 169:13-a I(d) was illegal for lack of proper notice and hearing, became moot where court had rescinded its order and […]
DUBOIS v. SMITH, 135 N.H. 50 (1991)
599 A.2d 493 GEORGE M. DUBOIS a. v. JUDITH (DUBOIS) SMITH No. 90-512Supreme Court of New Hampshire Strafford Decided November 8, 1991 1. Divorce — Stipulations — Construction Provision in divorce decree which incorporated parties’ agreement that insured “shall make his children the beneficiaries of his insurance policies, share and share alike” plainly required insured […]
LANGLEY v. BROWN, 86 N.H. 382 (1933)
169 A. 477 JAMES M. LANGLEY v. ROBERT W. BROWN a. Supreme Court of New Hampshire Merrimack. Decided December 5, 1933. A municipality may expend money to improve a bridge in a line of highway and over a railroad, so that the bridge will correspond with adjacent highway construction, though without such improvement the bridge […]
JAMESON v. CARPENTER, 68 N.H. 62 (1894)
36 A. 554 JAMESON v. CARPENTER. Supreme Court of New Hampshire Hillsborough. Decided June, 1894. A payment on Sunday discharges the debt. ASSUMPSIT, for labor. Facts found by the court. The plaintiff labored for the defendant two months and one day, ending October 31, 1892. On Sunday, October 6, when only $7.25 was due, the […]
HENDERSON’S CASE, 141 N.H. 805 (1997)
694 A.2d 973 HENDERSON’S CASE Nos. LD-94-001, LD-95-003, LD-95-005Supreme Court of New Hampshire Original Decided May 6, 1997 1. Administrative Law — Judicial Review — Generally In reviewing a judicial referee’s decision in an attorney discipline case, the court must determine whether a reasonable person could come to the same conclusion as the referee based […]
STATE v. PORELLE, 149 N.H. 420 (2003)
822 A.2d 562 THE STATE OF NEW HAMPSHIRE v. RAYMOND PORELLE No. 2002-169Supreme Court of New Hampshire StraffordArgued February 12, 2003 Opinion Issued April 28, 2003 1. Offenses — Particular Crimes — Stalking A facial challenge to the stalking statute was warranted because the statute implicates the fundamental right to freedom of movement. N.H. CONST. […]
STATE v. MOREY, 103 N.H. 529 (1961)
176 A.2d 328 STATE v. THOMAS MOREY. No. 4970.Supreme Court of New Hampshire Concord Municipal Court.Submitted November 8, 1961. Decided December 27, 1961. 1. The statutory provision (RSA 603:1) that indictments and prosecutions for offenses punishable by a fine not exceeding one hundred dollars, or by imprisonment not exceeding six months shall be found or […]
RIX v. KINDERWORKS CORP., 136 N.H. 548 (1992)
618 A.2d 833 ANN RIX v. KINDERWORKS CORPORATION No. 91-460Supreme Court of New Hampshire Strafford Decided December 29, 1992 1. Statutes — Construction and Application — Generally In interpreting a statute, court is to look first to the language of the statute. 2. Statutes — Construction and Application — Construction as a Whole Where statutory […]
JOHNSON v. AETNA LIFE CASUALTY CO., 131 N.H. 698 (1989)
559 A.2d 838 TROY JOHNSON v. AETNA LIFE AND CASUALTY CO. No. 88-382Supreme Court of New Hampshire Cheshire Decided June 13, 1989 1. Res Judicata — Application — Administrative Decisions Doctrine of res judicata barred relitigation of decision by labor department that injured employee had “light duty work capabilities” at the time decision was rendered, […]
WEALE v. MASSACHUSETTS GEN. HOUSING CORP., 117 N.H. 428 (1977)
374 A.2d 925 WILLIAM W. WEALE a. v. MASSACHUSETTS GENERAL HOUSING CORPORATION a. STEPHEN C. COLE v. MASSACHUSETTS HOUSING CORPORATION a. No. 7505Supreme Court of New Hampshire Grafton Decided May 31, 1977 1. Statute of Fraud — Generally Statute of frauds relating to sale of land is intended to promote certainty and to protect from […]
EASTMAN v. THAYER, 60 N.H. 575 (1881)
EASTMAN a., Ex’rs, v. THAYER, Pr., and CLARK, Tr. Supreme Court of New Hampshire Merrimack. Decided June, 1881. A claim arising through the non-performance of the covenants of a lease, and which can be ascertained only by the exercise of judgment, discretion, and opinion, is one for unliquidated damages, and cannot be reached by the […]
REYNOLDS v. JONES, 78 N.H. 84 (1916)
97 A. 557 WILLIS H. REYNOLDS, Adm’r, Ap’t, v. HERBERT J. JONES, Ex’r, Ap’ee. Supreme Court of New Hampshire Belknap. Decided January 4, 1916. Devise to the testator’s wife, for life, with power of sale, “if at any time her property, including the income of said bequest, shall from any cause be so reduced as […]
STATE v. WHITTEY, 134 N.H. 736 (1991)
599 A.2d 117 THE STATE OF NEW HAMPSHIRE v. JOSEPH WHITTEY No. 90-226Supreme Court of New Hampshire Merrimack Decided November 6, 1991 1. Words and Phrases — Appropriate The words “appropriate” and “may” in a provision present a clear call for the exercise of a trial court’s discretion, and application of a balancing test to […]
BRESCIA v. GREAT ROAD REALTY TRUST, 117 N.H. 154 (1977)
373 A.2d 1310 PETER J. BRESCIA a. v. GREAT ROAD REALTY TRUST No. 7555Supreme Court of New Hampshire Hillsborough Decided February 28, 1977 1. Torts — Strict Products Liability — Leases Strict liability applies in actions against manufacturers and sellers, but it would seem to be applicable to a lease arrangement only if the lease […]
SEARS, ROEBUCK CO. v. PHILIP, 112 N.H. 282 (1972)
294 A.2d 211 SEARS, ROEBUCK COMPANY v. A.C. PHILIP, JR. No. 6203.Supreme Court of New Hampshire Belknap. Decided July 31, 1972. 1. Superior Court Rule 21, authorizing third-party practice, does not create substantive rights in litigants or establish a right of reimbursement, indemnity, or contribution; but the rule expedites the presentation, and in some cases […]
FELLOWS v. DOW, 58 N.H. 21 (1876)
FELLOWS and Wife v. Dow. Supreme Court of New Hampshire Merrimack. Decided December, 1876. The right to redeem a homestead from a mortgage executed by husband and wife, releasing all rights of homestead, is an interest of the debtor in the homestead, and an interest in which the statute gives a homestead right. The homestead […]
GLYNN v. MAXFIELD, 75 N.H. 482 (1910)
76 A. 196 GLYNN, Trustee, v. MAXFIELD. Supreme Court of New Hampshire Sullivan. Decided May 3, 1910. One who proves possession in and conveyance from a prior occupant of land establishes his title as against a claimant under a subsequent invalid tax collector’s deed. Where a deed in trust discloses the grantor’s intent to part […]
NUTTING v. NUTTING, 63 N.H. 221 (1884)
NUTTING v. NUTTING. Supreme Court of New Hampshire Grafton. Decided June, 1884. Where by the terms of a conditional sale of oxen the vendee was to keep them without cost to the vendor, and return them in two years if not paid for, the vendor cannot maintain replevin for the cattle against a purchaser of […]
LEBRUN v. RAILROAD, 83 N.H. 293 (1928)
142 A. 128 THOMAS H. LEBRUN v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided May 1, 1928. P. L., c. 339, ss. 19, 20, providing for three alternate challenges of jurors by each party in a civil cause does not entitle a plaintiff to a second challenge after each party has once […]
STATE v. DUGAS, 147 N.H. 62 (2001)
782 A.2d 888 THE STATE OF NEW HAMPSHIRE v. PETER DUGAS No. 99-680Supreme Court of New Hampshire Hillsborough-southern judicial district Decided October 9, 2001 1. Offenses — Arson — Evidence; Sufficiency Viewed in the light most favorable to the State, evidence reasonably excluded all other conclusions except defendant’s guilt where it showed he was the […]
STATE v. SHEEHY, 115 N.H. 175 (1975)
337 A.2d 348 STATE OF NEW HAMPSHIRE v. PATRICK O. SHEEHY No. 6490Supreme Court of New Hampshire Strafford Decided April 30, 1975 1. A State cannot, consistent with the fundamental principles of justice protected by the due process clause of the fourteenth amendment, compel a parolee to serve out his sentence after the State has […]
IN RE FARLEY’S CASE, 147 N.H. 476 (2002)
794 A.2d 116 FARLEY’S CASE No. LD-97-013Supreme Court of New Hampshire OriginalArgued: February 13, 2002 Decided: March 8, 2002 1. Attorneys — Reprimand, Suspension and Disbarment — Groundsfor Disbarment Generally, disbarment is the appropriate sanction for misusing client funds. 2. Attorneys — Reprimand, Suspension and Disbarment —Mitigating Factors While mitigating factors are considered when determining […]
HAYFORD v. CENTURY INSURANCE CO., 107 N.H. 461 (1966)
225 A.2d 26 JOHN HAYFORD a. v. CENTURY INSURANCE COMPANY. No. 5517.Supreme Court of New Hampshire Carroll.Argued November 1, 1966. Decided December 20, 1966. 1. In an action of a fire insurance policy where the description contained therein could apply to either of two different properties, a smaller building which was destroyed by fire in […]
APPEAL OF GAMAS, 158 N.H. 646 (2009)
APPEAL OF GEORGE D. GAMAS (New Hampshire Compensation Appeals Board) No. 2008-221.Supreme Court of New Hampshire. Compensation Appeals Board.Submitted: January 15, 2009. Opinion Issued: May 1, 2009. 1. Workers’ Compensation — Proceedings To Secure Compensation — Notice and Proof of Claim When read together, the statutes governing notice of injury and time limitations for filing […]
BROWN v. BROWN, 112 N.H. 410 (1972)
296 A.2d 898 MARY J. BROWN v. GEORGE J. BROWN. No. 6464.Supreme Court of New Hampshire Hillsborough. Decided November 3, 1972. 1. A plaintiff unable to pay the costs for publication of an order of notice required by Superior Court Rule 232 upon the filing of a libel for divorce when her spouse’s address is […]
BABBITT v. MORRISON, 58 N.H. 419 (1878)
BABBITT a. v. MORRISON and Wife. Supreme Court of New Hampshire Merrimack. Decided August, 1878. Section 13 of c. 164, Gen. St., was an enabling, not a disabling, act. It enlarged the common-law rights of a married woman, but did not abridge her power to charge her separate estate with the payment of her husband’s […]
BOSTON MAINE R. R. v. STATE, 97 N.H. 380 (1952)
89 A.2d 764 BOSTON AND MAINE RAILROAD a. v. STATE a. No. 4107.Supreme Court of New Hampshire Public Utilities Commission. Decided June 23, 1952. In a petition for discontinuance of passenger service on a railroad branch line, the failure of the Public Utilities Commission, in determining the net profit received from the branch operations, to […]
IN THE MATTER OF STATE EX. REL. REITENOUR, 148 N.H. 358 (2002)
807 A.2d 1259 IN THE MATTER OF STATE OF NEW HAMPSHIRE EX. REL. VICKIE REITENOUR AND WENDELL MONTGOMERY No. 2001-409Supreme Court of New Hampshire Portsmouth Family DivisionSubmitted July 25, 2002 Opinion Issued September 18, 2002 1. Parent and Child—Child Support—Duty of Support So long as a proceeding is brought within the applicable statute of limitations, […]
ZOLA v. KELLEY, 149 N.H. 648 (2003)
826 A.2d 589 GINA ZOLA v. MARJORIE KELLEY No. 2002-482Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued May 14, 2003 Opinion Issued July 1, 2003 1. Appeal and Error — Preservation of Questions — Objections In Limine When the record is devoid of any basis to infer that the defendant was prejudiced by the trail […]
STATE v. FINN, 146 N.H. 59 (2001)
767 A.2d 413 THE STATE OF NEW HAMPSHIRE v. FORREST FINN. No. 99-099.Supreme Court of New Hampshire Grafton. Decided February 15, 2001. 1. Search and Seizure — Warrant Requirements; Exceptions —Motor Vehicles Inventory search of closed container in back seat of motor vehicle violated defendant’s rights under State Constitution, requiring suppression of evidence found in […]
CRAFTSBURY CO. v. ASSUR. CO. OF AMERICA, 149 N.H. 717 (2003)
834 A.2d 267 THE CRAFTSBURY COMPANY, INC. a. v. ASSURANCE COMPANY OF AMERICA No. 2002-633Supreme Court of New Hampshire RockinghamArgued June 12, 2003 Opinion Issued July 21, 2003 1. Insurance — Proceedings — Limitations The six-month limitations period applicable to insurance coverage cases was created to eliminate inexcusable delays in filing pretrial declaratory judgment petitions […]
UNITED AMERICAN INS. CO. v. WHALAND, 115 N.H. 212 (1975)
337 A.2d 358 UNITED AMERICAN INSURANCE COMPANY v. FRANCIS E. WHALAND, INSURANCE COMMISSIONER No. 7091Supreme Court of New Hampshire Insurance Commissioner Decided April 30, 1975 1. Plaintiff’s attempt to persuade the insurance commissioner to change his proposed revocation of plaintiff’s license to engage in the insurance business in New Hampshire without a hearing instead of […]
STATE v. DELISLE, 137 N.H. 549 (1993)
630 A.2d 767 THE STATE OF NEW HAMPSHIRE v. RONALD H. DELISLE No. 92-073Supreme Court of New Hampshire Coos Decided August 25, 1993 1. Constitutional Law — Due Process — Right to Counsel Defendant’s right to assistance of counsel attaches by virtue of commencement of formal criminal proceedings; after the right has attached, defendant is […]
PAGE v. LIBRARY, 69 N.H. 575 (1899)
45 A. 411 PAGE, Adm’r, v. ELDREDGE PUBLIC LIBRARY a. Supreme Court of New Hampshire Rockingham. Decided June, 1899. Specific devises and bequests are not liable to contribution to make up deficiencies in the assets available for the payment of general legacies, when expressly exempted therefrom by the terms of the will. Where a will […]
J N FIELDSTONE SUP, INC. v. BHC DEV CORP., 146 N.H. 500 (2001)
776 A.2d 135 J N FIELDSTONE SUPPLY, INC. v. BHC DEVELOPMENT CORP and BHC DEVELOPMENT CORP. v. TOWN OF PLAISTOW No. 99-355Supreme Court of New Hampshire Rockingham Decided June 14, 2001 Cossingham Law Office, P.C., of North Andover, Massachusetts (Kenneth A. Cossingham on the brief and orally), for J N Fieldstone Supply, Inc. Phillips, Gerstein, […]
MEREDITH HARDWARE, INC. v. BELKNAP REALTY TRUST, 117 N.H. 22 (1977)
369 A.2d 204 MEREDITH HARDWARE, INC. v. BELKNAP REALTY TRUST AND PAUL WIENER d.b.a. WESTERN AUTO ASSOCIATES STORE No. 7453Supreme Court of New Hampshire Belknap Decided January 31, 1977 1. Covenants — Restrictive Covenants — Enforcement The plaintiff, as lessee under a lease containing a restrictive covenant against competition, is not entitled to injunctive relief […]
IN RE MELISSA M., 127 N.H. 710 (1986)
506 A.2d 324 In re MELISSA M. No. 84-591Supreme Court of New Hampshire Merrimack Decided February 27, 1986 1. Constitutional Law — Self-Incrimination — Civil and Criminal Actions There is no constitutional right to a stay of a civil proceeding pending disposition of a related criminal case. 2. Constitutional Law — Self-Incrimination — Civil and […]
TOWN OF NELSON v. N.H. DEPT OF TRANSPORTATION, 146 N.H. 75 (2001)
767 A.2d 435 TOWN OF NELSON v. NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION No. 98-068Supreme Court of New Hampshire Cheshire Decided March 1, 2001 1. Appeal and Error — Filing of Notice of Appeal — Timeliness Town was not barred from pursuing its constitutional challenge to highway reclassification, even if its appeal was untimely, since town […]
GOUDIE v. COMPANY, 81 N.H. 88 (1923)
122 A. 349 PLINY B. GOUDIE v. AMERICAN MOORE PEG CO. WILLIAM T. FERNS v. SAME. BUFFALO FORGE CO., INC., v. SAME. UNITED SHOE MACHINERY CO. v. SYLVANUS D. MORGAN, Receiver. EMERSON DRY KILN CO. v. SAME. Supreme Court of New Hampshire Grafton. Decided June 5, 1923. A receiver has only the title which the […]
APPEAL OF N.E. CABLE TELEVISION ASSOC., 126 N.H. 149 (1985)
489 A.2d 124 APPEAL OF NEW ENGLAND CABLE TELEVISION ASSOCIATION (New Hampshire Public Utilities Commission) No. 84-173Supreme Court of New Hampshire Public Utilities Commission Decided February 21, 1985 1. Public Utilities — Regulatory Agencies — Powers Even when a statute delegates broad regulatory powers to the public utilities commission, such powers are necessarily circumscribed by […]
IN RE JONATHAN T., 148 N.H. 296 (2002)
808 A.2d 82 IN RE JONATHAN T. a. No. 2001-461Supreme Court of New Hampshire Cheshire County Probate CourtArgued June 12, 2002 Opinion Issued September 16, 2002 1. Parent and Child—Termination of Parental Rights—Evidence The probate judge in a termination proceeding properly admitted one exhibit under the statute governing hearings because the State adequately demonstrated the […]
HOWE v. HOWE, 87 N.H. 338 (1935)
179 A. 362 LILA HOWE v. HENRY J. HOWE a. Supreme Court of New Hampshire Merrimack. Decided June 4, 1935. Under a policy of liability insurance issued to a husband and wife as named assureds, which covered a car owned solely by the wife and which extended coverage to all persons legally operating it “with […]
GIBSON v. LaCLAIR, 135 N.H. 129 (1991)
600 A.2d 455 HAZEL GIBSON v. JOHNNIE LaCLAIR No. 90-238Supreme Court of New Hampshire Sullivan Decided December 11, 1991 1. Landlord and Tenant — Disputes Generally — Resolution Plaintiff had sufficient possessory interest to institute eviction action under RSA 540 even though lease gave defendant life tenancy where lease provided that lease would terminate upon […]
LYMAN v. LEIGHTON, 80 N.H. 12 (1921)
112 A. 381 BARNET LYMAN v. HELEN M. LEIGHTON a. Supreme Court of New Hampshire Strafford. Decided January 4, 1921. An entry upon land by the holder of the legal title for the purpose of removing his personal property is not unlawful, if made within a reasonable time from a decree ordering a conveyance. Exceptions […]
PLAINFIELD v. BRANDSTATTER, 115 N.H. 408 (1975)
345 A.2d 404 TOWN OF PLAINFIELD v. SOL BRANDSTATTER a. No. 6994Supreme Court of New Hampshire Sullivan Decided July 31, 1975 1. The parties having agreed on rehearing that the agreed statement of facts may be in error in stating that two mobile home parks existed on the effective date of the zoning ordinance and […]
STATE v. WHEELER, 67 N.H. 511 (1893)
41 A. 173 STATE v. WHEELER a. Supreme Court of New Hampshire Belknap. Decided December, 1893. An action of debt may be maintained on a recognizance conditioned against the violation of the statute regulating the sale of spirituous liquor, to determine the forfeiture of such condition. DEBT, on a recognizance. Demurrer to the declaration. Page […]
STATE v. KELLEY, 153 N.H. 481 (2006)
THE STATE OF NEW HAMPSHIRE v. SHAWN KELLEY. No. 2005-111.Supreme Court of New Hampshire Newport District Court.Argued: February 8, 2006. Opinion Issued: May 16, 2006. 1. Arrest — Resistance — Generally By enacting the statute prohibiting resisting arrest or detention, the legislature articulated a policy that individuals are to follow the commands of law enforcement […]
STATE v. VACLAV PLCH, 149 N.H. 608 (2003)
826 A.2d 534 THE STATE OF NEW HAMPSHIRE v. VACLAV PLCH No. 2000-789Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued February 6, 2003 Opinion Issued June 30, 2003 1. Crimianl Law — Miranda Warning — Custodial Interrogation Interrogation, for Miranda purposes, encompasses not only “express questioning” but also “its functional equivalent,” and the “functional equivalent” […]
MILLER v. SLANIA ENTERS., 150 N.H. 655 (2004)
843 A.2d 939 JOSEPH MILLER v. SLANIA ENTERPRISES, INC. No. 2003-191.Supreme Court of New Hampshire Durham District CourtArgued: February 5, 2004. Opinion Issued: March 15, 2004. 1. Pleading — Amendment of Pleadings — Particular Cases Defendant failed in its contention that the trial court erroneously allowed plaintiff to constructively amend his pleadings to allege a […]
WALDRON v. WOODMAN, 58 N.H. 15 (1876)
WALDRON v. WOODMAN. Supreme Court of New Hampshire Strafford. Decided December, 1876. A reason of a probate appeal is insufficient if it does not set forth an error that entitles the appellant to a reversal of the decree. On an appeal from the appointment of a guardian of a minor child, allegations that the child’s […]
OPINION OF THE JUSTICES, 115 N.H. 306 (1975)
339 A.2d 450 OPINION OF THE JUSTICES No. 7228Supreme Court of New Hampshire Request of House of Representatives Decided June 20, 1975 1. The New Hampshire constitution entrusts the legislature with broad discretion to selectively classify property for the purpose of taxation. 2. While the legislature’s discretion to classify property is broad and will be […]
HARTFORD ACC. INDEMN. CO. v. SENTRY INS. CO., 130 N.H. 161 (1987)
536 A.2d 185 HARTFORD ACCIDENT INDEMNITY COMPANY v. SENTRY INSURANCE COMPANY No. 87-030Supreme Court of New Hampshire Merrimack Decided December 7, 1987 1. Insurance — Cancellation and Validity The accepted meaning of “cancellation” as applied to insurance policies is termination pursuant to the provisions of a cancellation clause in the policy. 2. Insurance — Automobile […]
CALLAHAN v. RAILROAD, 79 N.H. 173 (1919)
106 A. 37 WILLIAM E. CALLAHAN v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided March 4, 1919. If the act a servant was performing at the time of his injury was incident to interstate work, he is within the provisions of the federal employers’ liability act, 35 U.S. Stat. 65. The operator […]
CRITCHETT v. COOPER, 65 N.H. 167 (1889)
18 A. 778 CRITCHETT v. COOPER. Supreme Court of New Hampshire Merrimack. Decided June, 1889. One who contracts to buy land and pay for it at a day fixed, provided the seller shall then give a good warranty deed of the premises, is not bound to advance the purchase-money to pay off existing liens, nor […]
HEWES v. ROBY, 135 N.H. 476 (1992)
606 A.2d 810 ROSE HEWES AND STEPHEN HEWES v. BARBARA ROBY No. 90-468Supreme Court of New Hampshire Grafton Decided April 24, 1992 1. Pleading — Statement of Claim — Alternative Pleading A plaintiff may seek to recover on alternative legal grounds unless the causes of action are mutually exclusive or mutually inconsistent. 2. Pleading — […]
MILLS v. NASHUA FED. SAV’S AND LOAN ASSOC., 121 N.H. 722 (1981)
433 A.2d 1312 MICHAEL M. MILLS, JR. a. v. NASHUA FEDERAL SAVINGS AND LOAN ASSOCIATION No. 80-259Supreme Court of New Hampshire Hillsborough Decided August 10, 1981 1. Mortgages — Acceleration Clause Where clause of mortgage instrument containing acceleration provision did not result in forfeiture of owner’s title and did not preclude mortgagor from conveying property, […]
PROCTOR v. TILTON, 65 N.H. 3 (1888)
17 A. 638 PROCTOR v. TILTON. Supreme Court of New Hampshire Rockingham. Decided December, 1888. No demand is necessary to maintain replevin when the defendant has no right to the possession against the plaintiff. Where the plaintiff in replevin is entitled to possession of the property, a deputy sheriff of the county of R. may […]
TUCKER v. TRUST CO., 69 N.H. 668 (1898)
43 A. 1097 TUCKER, Trustee, v. NEW HAMPSHIRE TRUST CO. Supreme Court of New Hampshire Hillsborough. Decided June, 1898. PETITION, for a decree of priority for the plaintiff’s claims against all the assets in the hands of the assignee of the New Hampshire Trust Company not subject to any specific lien. The facts appear in […]
HINES v. DONOVAN, 101 N.H. 239 (1958)
139 A.2d 884 James I. Hines v. Violet E. Donovan a. No. 4605.Supreme Court of New Hampshire Hillsborough.Argued January 7, 1958. Decided March 20, 1958. 1. The finding was warranted on the evidence that the plaintiff attorney and real estate broker was not estopped from claiming a broker’s commission from his client by reason of […]
TIMBERLANE REG. SCH. DIST. v. TIMBERLANE REG. EDUC., 114 N.H. 245 (1974)
317 A.2d 555 TIMBERLANE REGIONAL SCHOOL DISTRICT v. TIMBERLANE REGIONAL EDUCATION ASSOCIATION a. No. 6879Supreme Court of New Hampshire Rockingham Decided April 3, 1974 1. The denial to public employees of the right to strike has the effect of heavily weighing the collective bargaining process in favor of the government. 2. Termination of employment and […]
IN RE JESSICA W., 122 N.H. 1052 (1982)
453 A.2d 1297 IN RE JESSICA W. No. 81-427Supreme Court of New Hampshire Grafton County Probate Court Decided December 27, 1982 1. Appeal and Error — Dismissal of Complaint — Standards for Review In reviewing the propriety of the trial court’s granting of a motion to dismiss, the supreme court would take the facts as […]
MAYHEW v. NEW ENGLAND TEAMSTERS, 115 N.H. 581 (1975)
347 A.2d 610 WALDO R. MAYHEW v. NEW ENGLAND TEAMSTERS AND TRUCKING INDUSTRY PENSION FUND No. 7115Supreme Court of New Hampshire Rockingham Decided October 31, 1975 1. The evidence and the law sustained the master’s findings and rulings that the trustees of the pension fund abused their discretion and unreasonably and capriciously decided that the […]
FARM BUREAU INS. CO. v. MANSON, 94 N.H. 389 (1947)
54 A.2d 580 FARM BUREAU MUTUAL AUTOMOBILE INSURANCE COMPANY v. CLARENCE I. MANSON a. No. 3669.Supreme Court of New Hampshire Belknap. Decided July 2, 1947. In a petition for declaratory judgment to determine coverage under a motor-vehicle liability policy, the Supreme Court may, when so requested by the parties and when justice and convenience require, […]
BEDELL v. COLBY, 94 N.H. 384 (1947)
54 A.2d 161 MAE DODGE BEDELL v. RALPH E. COLBY a. Ex’rs. No. 3666.Supreme Court of New Hampshire Grafton. Decided July 2, 1947. A testamentary provision that a residuary fund “be invested by my executors . . . in refund annuity insurance or such other classification of annuity they deem best for” the testator’s daughter […]
MADBURY v. DURHAM, 108 N.H. 474 (1968)
240 A.2d 760 MADBURY a. v. DURHAM a. No. 5654.Supreme Court of New Hampshire Strafford.Argued November 7, 1967. Decided February 29, 1968. 1. The holding in Gilsum v. Monadnock School District, 105 N.H. 361 and Monadnock School District v. Fitzwilliam, 105 N.H. 487, that it was the legislative intent in enacting RSA 195:7 II that […]
IN THE MATTER OF PFEUFFER PFEUFFER, 150 N.H. 257 (2003)
837 A.2d 311 IN THE MATTER OF JOANNE PFEUFFER AND GLENN PFEUFFER. No. 2002-076.Supreme Court of New Hampshire BelknapSubmitted: September 10, 2003. Opinion Issued: November 21, 2003. 1. Parent and Child — Custody — Relocation of Parent Custodial parent seeking to relocate has the initial burden of demonstrating, by a preponderance of the evidence, that […]
FROST v. RAILROAD, 64 N.H. 220 (1886)
9 A. 790 FROST v. EASTERN RAILROAD. Supreme Court of New Hampshire Strafford. Decided December, 1886. A right of personal action accruing to an infant is not barred by the statute of limitations until two years after the disability is removed. A land-owner is under no duty to a mere trespasser to keep his premises […]
MAXI DRUG NORTH v. COMM’R, N.H., 154 N.H. 102 (2006)
MAXI DRUG NORTH, INC. d/b/a BROOKS PHARMACY a. v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES. No. 2005-765.Supreme Court of New Hampshire Merrimack.Argued: March 16, 2006. Opinion Issued: August 22, 2006. 1. Administrative Law — Powers of Agency — Particular Cases Letter issued by the Department of Health and Human Services which instituted […]
STATE v. ROGERS, 105 N.H. 366 (1964)
200 A.2d 740 STATE v. NORMAN ROGERS a. No. 5240.Supreme Court of New Hampshire Dover Municipal Court.Argued May 5—6, 1964. Decided May 26, 1964. 1. The statutes relating to Sunday sales (RSA 578:4, 5) while retaining some of their original religiously associated language are now essentially secular rather than of a religious character due to […]
STATE v. NJOGU, 156 N.H. 551 (2007)
THE STATE OF NEW HAMPSHIRE v. NELSON NJOGU a. No. 2007-229.Supreme Court of New Hampshire. Nashua District Court.Argued: November 8, 2007. Opinion Issued: December 14, 2007. 1. Highways — Motor Vehicles — Statutes The plain language of the statute prohibiting highway surveillance is not ambiguous, and the use of a patrol-car computer and police radio […]
WENTWORTH HOTEL, INC. v. NEW CASTLE, 112 N.H. 21 (1972)
287 A.2d 615 WENTWORTH HOTEL, INC. v. TOWN OF NEW CASTLE. No. 6256.Supreme Court of New Hampshire Rockingham. Decided January 31, 1972. 1. A zoning board of adjustment may grant a variance for a part of the property for which the variance is sought, even though the property operated as an integrated commercial enterprise. 2. […]
EATON v. EATON, 82 N.H. 216 (1926)
132 A. 10 EMMA M. EATON a.v. PERRY A. EATON a. Supreme Court of New Hampshire Hillsborough. Decided January 5, 1926. A divorced wife is not a member of her former husband’s family, and is not entitled to have any part of the income of a trust fund created by will for the benefit of […]
HERMAN v. MONADNOCK PR-24 TRAINING COUNCIL, 147 N.H. 754 (2002)
802 A.2d 1187 CHARLES HERMAN v. MONADNOCK PR-24 TRAINING COUNCIL, INC. No. 2000-824Supreme Court of New Hampshire CheshireArgued March 13, 2002 Opinion Issued June 7, 2002 1. Agency — Generally — Creation of Agency Necessary factual elements to establish agency involve: (1) authorization from the principal that the agent shall act for him or her; […]
MADDEN’S PETITION, 86 N.H. 583 (1934)
172 A. 435 PETITION OF CHARLES A. MADDEN, Adm’r c.t.a. Supreme Court of New Hampshire Cheshire. Decided May 1, 1934. Upon the refusal of a town to accept a bequest for the care of a cemetery lot a trustee should be appointed therefor. A testator’s expression of the wish that “if she [the legatee] does […]
SULLIVAN v. LeBLANC, 100 N.H. 311 (1956)
125 A.2d 652 ETHYL R. SULLIVAN v. ROSE M. LeBLANC. ERNEST O. SULLIVAN v. SAME. ETHEL PILLSBURY v. SAME. No. 4495.Supreme Court of New Hampshire Coos.Argued September 4, 1956. Decided October 2, 1956. In an action by the passengers against the defendant operator of a motor vehicle which was struck by another motor vehicle approaching […]
STATE v. CAMPBELL, 64 N.H. 402 (1887)
13 A. 585 STATE v. CAMPBELL. Supreme Court of New Hampshire Rockingham. Decided December, 1887. It is within the constitutional power of the legislature to prohibit the sale of milk which contains more than a specified per cent. of watery fluid, or less than a specified per cent. of milk solids. Evidence that pure milk […]
CLARK v. BRADSTREET, 99 N.H. 55 (1954)
104 A.2d 739 FLORENCE M. CLARK, Adm’x v. HELENA C. BRADSTREET. No. 4281.Supreme Court of New Hampshire Sullivan.Argued March 3, 1954. Decided May 4, 1954. Where a writ set forth the defendant’s address as unknown or as a nonresident an attachment of real estate thereunder by the sheriff with a return of non est inventus […]
HANDLEY v. PROVIDENCE MUT. INS. CO., 153 N.H. 340 (2006)
ALAN HANDLEY a. v. PROVIDENCE MUTUAL FIRE INSURANCE COMPANY. No. 2005-279.Supreme Court of New Hampshire Merrimack.Argued: February 8, 2006. Opinion Issued: April 7, 2006. 1. Insurance — Policies — Particular Matters Where a certificate of insurance provided to plaintiff did not clearly indicate that it was issued for “information only” or that it “confers no […]
SANBORN v. PIPER, 64 N.H. 335 (1887)
10 A. 680 SANBORN v. PIPER. Supreme Court of New Hampshire Belknap. Decided June, 1887. The order appointing a time and place for considering an application to take the poor debtors’ oath under Gen. Laws, c. 241, s. 4, must state the hour as well as the day fixed for the hearing. DEBT, on a […]
STATE v. JACKSON, 141 N.H. 152 (1996)
679 A.2d 572 THE STATE OF NEW HAMPSHIRE v. CHARLES JACKSON No. 95-178Supreme Court of New Hampshire Strafford Decided June 27, 1996 1. Offenses — Rape — Defenses RSA 626:6, III eliminates the defense of consent in cases where the victim was, and the perpetrator knew the victim was, unable to exercise reasonable judgment at […]
TWOMEY v. TWOMEY, 116 N.H. 29 (1976)
351 A.2d 66 MICHAELINE B. TWOMEY v. THOMAS F. TWOMEY No. 7137Supreme Court of New Hampshire Carroll Decided January 31, 1976 1. The wife’s exception to the admission of certain evidence was overruled without detailed consideration because of the broad discretion exercised over admission of evidence in divorce cases. Page 30 2. The belief or […]
PETITION OF NASHUA STREET RAILWAY, 69 N.H. 275 (1897)
41 A. 858 PETITION OF THE NASHUA STREET RAILWAY. Supreme Court of New Hampshire Hillsborough. Decided December, 1897. The statute (Laws 1895, c. 27) providing for the creation of street railway corporations does not vest with the court the determination of the question whether the public good requires the extension of a street railway upon […]
GREELEY v. SOCIETY, 77 N.H. 455 (1915)
92 A. 958 HARRY P. GREELEY, Adm’r, v. FIRST UNIVERSALIST SOCIETY a. Supreme Court of New Hampshire Hillsborough. Decided January 5, 1915. In a proceeding for the construction of a will, evidence of the habitual use of words by the testatrix is competent to show what she meant by them at a given time; but […]
IN RE ESTATE OF QUIRIN, 119 N.H. 206 (1979)
399 A.2d 978 In re ESTATE OF LOUISE W. QUIRIN No. 79-011Supreme Court of New Hampshire Probate Court, Rockingham County Decided March 30, 1979 Wills — Probate — Approval of Final Account Where testatrix specifically provided in her will that executors were to be entitled to full commissions as provided for by the New York […]
LACONIA v. RAILROAD, 81 N.H. 408 (1925)
128 A. 350 LACONIA v. BOSTON MAINE RAILROAD a. Supreme Court of New Hampshire Decided January 6, 1925. The legislation creating a system of state-aided highways and trunk lines was designed to provide a new method for distributing the public burden of highway construction and maintenance, and to reassign the duty of supervising and carrying […]
IN RE CRAFT, 99 N.H. 287 (1954)
109 A.2d 853 IN RE EARL L. CRAFT. No. 4320.Supreme Court of New Hampshire Merrimack.Argued November 3, 1954. Decided December 15, 1954. The provisions of the sexual psychopath act (Laws 1949, c. 314) which require a person charged with a sex offense to submit to a psychiatric examination, by a board of medical experts appointed […]
STATE v. GOUPIL, 122 N.H. 857 (1982)
451 A.2d 1284 THE STATE OF NEW HAMPSHIRE v. GARY GOUPIL No. 81-409Supreme Court of New Hampshire Belknap Decided October 12, 1982 1. Appeal and Error — Findings — Role of Jury It is for the jury to weigh the admissible evidence, and unless no rational person could reach the same conclusion, the findings of […]
TOWNE v. THOMPSON, 68 N.H. 317 (1895)
44 A. 492 TOWNE v. THOMPSON. Supreme Court of New Hampshire Merrimack. Decided June, 1895. A lessor is not liable to a tenant of the lessee for injuries resulting from the unsanitary condition of the premises, in the absence of fraudulent concealment of the defects complained of, a warranty of fitness, or an agreement to […]
STATE v. DODDS, 159 N.H. 239 (2009)
THE STATE OF NEW HAMPSHIRE v. GARY DODDS. No. 2008-308.Supreme Court of New Hampshire. Strafford.Argued: May 14, 2009. Opinion Issued: August 21, 2009. 1. Appeal and Error — Preservation of Questions — Particular Cases Preservation of an issue for appeal requires a contemporaneous and specific objection. Any objection not raised at trial is deemed waived. […]