Category: New Hampshire Court Opinions

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 […]

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 […]

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 […]

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 […]

493 A.2d 500 PIERRE MORIN AND MADELINE MORIN v. BERKSHIRE MUTUAL INSURANCE COMPANY No. 84-519Supreme Court of New Hampshire Hillsborough Decided May 8, 1985 1. Pleading — Motion To Dismiss — Tests and Standards In considering a motion to dismiss, the plaintiff’s allegations are regarded as true. 2. Declaratory Judgments — Availability of Remedy A […]

411 A.2d 1135 OSCAR LANE, d/b/a NASHUA HOME IMPROVEMENT SERVICES v. FRED ACKLEY a. No. 79-286Supreme Court of New Hampshire Hillsborough Decided February 14, 1980 1. Evidence — Weight and Sufficiency The inquiry into the weight of the evidence is a finding of fact and not a ruling of law. 2. Verdict — Support for […]

369 A.2d 201 STATE OF NEW HAMPSHIRE v. DELWOOD SMITH No. 7563Supreme Court of New Hampshire Grafton Decided January 31, 1977 1. Appeal and Error — Scope of Review — Credibility of Witnesses The defendant’s various allegations of the arresting officer’s perjury during the trial involve facts unrelated to the merits of the case, and […]

332 A.2d 386 STATE OF NEW HAMPSHIRE v. EDWARD R. CLOUGH No. 6771Supreme Court of New Hampshire Grafton Decided January 31, 1975 1. The defendant’s two pleas of guilty in 1965 and 1969 to driving while under the influence of intoxicating liquor, entered without Page 8 advice of counsel or a record showing his intelligent […]

569 A.2d 231 TOWN OF BARRINGTON v. JOHN GADD, NANCY GADD, AND JONATHAN MILNE No. 88-219Supreme Court of New Hampshire Strafford Decided January 31, 1990 1. Appeal and Error — Findings — Master’s Findings Master’s findings will not be disturbed on appeal unless they are unsupported by the evidence or are erroneous as a matter […]

329 A.2d 148 STATE OF NEW HAMPSHIRE v. RICHARD J. SAIDE SAME v. DENNIS J. SAIDE No. 6466Supreme Court of New Hampshire Hillsborough Decided November 29, 1974 1. Evidence supported findings that the vegetative matter taken from the defendants’ apartment was in the exclusive control of law enforcement officers and was the vegetative matter analyzed […]

517 A.2d 797 THE STATE OF NEW HAMPSHIRE v. DAVID STEER No. 85-293Supreme Court of New Hampshire Strafford Decided October 2, 1986 1. Appeal and Error — Evidence — Sufficiency of Evidence Standard of review in reference to claims challenging the sufficiency of the evidence in a criminal case is whether any rational trier of […]

411 A.2d 456 ERNEST R. BELLEAU a. v. HENRY C. HOPEWELL, JR., a. No. 79-158Supreme Court of New Hampshire Carroll Decided January 31, 1980 1. Brokers — Commission Question as to what agreement was made between the real estate owner and broker regarding commissions are for the trier of fact. 2. Brokers — Commission — […]

91 A.2d 458 PETITION OF VIRGINIA W. TURNER. No. 4154.Supreme Court of New Hampshire State Tax Commission. Decided October 7, 1952. The authority of the Justices of the Supreme Court to render advisory opinions is limited to the instances enumerated in Part II of the Constitution, Art. 74th, where such authority is granted, and cannot […]

170 A.2d 843 JAMES LALOS a. v. WILLIAM R. TICKLER JR. a. No. 4892.Supreme Court of New Hampshire Hillsborough.Argued April 4, 1961. Decided May 31, 1961. 1. Where an automobile liability policy extended coverage to the insured in the ownership, maintenance or use of a non-owned automobile and defined such automobile as one not furnished […]

546 A.2d 1070 HOLYOKE MUTUAL INSURANCE COMPANY v. ROBERT CARR, II, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ROBERT CARR, III No. 87-351Supreme Court of New Hampshire Rockingham Decided July 28, 1988 Insurance — Automobile Policies — Uninsured Motorist Coverage Evidence supported trial court’s finding that deceased son was not a resident of the […]

387 A.2d 339 LOIS GORDON v. ROBERT GORDON No. 7869Supreme Court of New Hampshire Strafford Decided May 17, 1978 1. Conflict of Laws — Interspousal Immunity — Considerations Choice of law governing interspousal immunity is controlled by such considerations as: (1) predictability of results; (2) maintenance of reasonable orderliness and good relationships among the States […]

722 A.2d 475 THE STATE OF NEW HAMPSHIRE v. ROBERT BROWN No. 95-578Supreme Court of New Hampshire Merrimack December 18, 1998 1. Criminal Law — Right to Fair Trial — Transcripts of Prior Proceedings When a transcript is requested of any proceeding for which an audiotape record exists, burden will be on defendant requesting transcript […]

375 A.2d 598 CHARLES H. SYLVAIN v. ESTATE OF EUDORE J. SYLVAIN No. 7630Supreme Court of New Hampshire Strafford Decided June 27, 1977 1. Trial — Questions for Judge — Admissibility of Evidence Determination whether opinion testimony will be helpful to trier of facts and should be admitted is a matter within discretion of trial […]

222 A.2d 215 SHELDON ELLIOTT v. CLYDE GARFIELD OLDSMOBILE-CADILLAC, INC. No. 5500.Supreme Court of New Hampshire Hillsborough.Submitted June 8, 1966. Decided August 31, 1966. 1. In an action to recover commissions on sales of automobiles delivered after the plaintiff terminated his employment as a salesman the evidence did not require a finding that commissions were […]

455 A.2d 1062 HELEN B. FILIP, ADMINISTRATRIX OF THE ESTATE OF RAYMOND J. BOGDAN v. WILLIAM R. BOGDAN No. 82-310Supreme Court of New Hampshire Rockingham Decided January 26, 1983 1. Deeds and Conveyances — Invalid Deeds Generally A deed which does not contain a seal, where one is required by law, is insufficient to pass […]

635 A.2d 454 THE STATE OF NEW HAMPSHIRE v. WILLIAM WOVERIS No. 91-444Supreme Court of New Hampshire Strafford Decided December 15, 1993 1. Probation and Parole — Probation — Revocation Deference is given to trial court’s decision in probation revocation proceedings and will be reversed only where there has been an abuse of discretion; in […]

84 A.2d 926 JOSEPH CONSOLI v. THE COMMONWEALTH INSURANCE COMPANY. SAME v. THE FIREMAN’S FUND INSURANCE COMPANY. No. 4072.Supreme Court of New Hampshire Rockingham. Decided December 4, 1951. A fire which remained within the confines of a stove although producing excessive heat which resulted in damage to the stove and to stock in trade located […]

388 A.2d 574 THE STATE IN THE INTEREST OF JANE DOE No. 7955Supreme Court of New Hampshire Goffstown District Court Decided May 9, 1978 1. Public Health and Welfare — Neglected Child — Payment of Support Where district court found child to be a neglected child within meaning of statute, determined that it would be […]

503 A.2d 299 THE STATE OF NEW HAMPSHIRE v. LAWRENCE B. RODRIGUE No. 84-314Supreme Court of New Hampshire Strafford Decided December 31, 1985 1. Arrest — Without Warrant — Reasonable Ground A warrantless felony arrest by a police officer is lawful if the officer has reasonable ground to believe that the person arrested has committed […]

719 A.2d 609 GREG R. THOMPSON, M.D. v. NEW HAMPSHIRE BOARD OF MEDICINE No. 97-358Supreme Court of New Hampshire Merrimack Decided October 14, 1998 1. Injunction — Generally — Discretion of Court Superior court has power to grant injunctive relief where a party would otherwise suffer immediate irreparable harm; it is within trial court’s sound […]

400 A.2d 48 THE STATE OF NEW HAMPSHIRE v. JOSEPH BOISVERT No. 78-208Supreme Court of New Hampshire Belknap Decided March 23, 1979 1. Evidence — Newly Discovered Evidence — New Trial Unless there is deliberate prosecutorial misconduct condoning perjury, in order for newly discovered evidence to require a new trial, it must be of such […]

46 A.2d 133 FREDERICK H. MOULTON (by his next friend) v. DANIEL NESMITH. JUNE YOUNG (by her next friend) v. SAME. ALLEN YOUNG v. SAME. No. 3556.Supreme Court of New Hampshire Hillsborough. Decided February 5, 1946. A verdict cannot be sustained if based upon a finding which is contrary to the indisputable physical facts. Thus, […]

484 A.2d 1079 AARON ALLGEYER a. v. ROBERT LINCOLN a. No. 83-515Supreme Court of New Hampshire Merrimack Decided September 27, 1984 1. Animals — Dog Bites While at common law, the owner’s knowledge of the mischievous disposition of his dog was the foundation of an action to recover for harm caused by the dog’s vicious […]

475 A.2d 19 ARNOLDO M. SICILIANO a. v. CAPITOL CITY SHOWS, INC. d/b/a MARC’S AMUSEMENTS, INC. a. JOHN J. SANTUCCIO a. v. CAPITOL CITY SHOWS, INC. d/b/a MARC’S AMUSEMENTS, INC. a. No. 83-160Supreme Court of New Hampshire Carroll Decided April 9, 1984 1. Parent and Child — Parental Rights — Earnings and Services of Child […]

309 A.2d 886 STATE OF NEW HAMPSHIRE v. EARL DUKETTE No. 5961Supreme Court of New Hampshire Merrimack Decided September 28, 1973 1. Suppression by the prosecution in good faith or in bad faith of evidence favorable to an accused violates due process if the evidence is material either to guilt or to punishment. 2. Essential […]

276 A.2d 926 MARGUERITE HALLET v. FRED JOHNSON, DIRECTOR DIVISION OF MOTOR VEHICLES. No. 6020.Supreme Court of New Hampshire Merrimack, Decided April 30, 1971. 1. An administrative revocation of a motor vehicle operator’s license under RSA 262-A:69-e for refusal of the driver to submit to a blood test was sustained, even though neither the police […]

605 A.2d 216 In re ESTATE OF THOMAS C. O’DWYER No. 91-151Supreme Court of New Hampshire Rockingham County Probate Court Decided March 13, 1992 1. Courts — Probate Courts — Jurisdiction Probate court is not a court of general jurisdiction; its powers are limited to those conferred upon it by statute. 2. Courts — Jurisdiction […]

128 A.2d 207 LOUISE D. PERKINS v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO. No. 4523.Supreme Court of New Hampshire Hillsborough.Argued November 7, 1956. Decided December 31, 1956. The failure of the insurer to attach a copy of the assured’s application for industrial life insurance to the policy itself as required by statute (RSA 408:9) prevents […]

660 A.2d 1139 ELAINE M. WALSH, EXECUTRIX OF THE WILL OF ANDREW YOUNG v. MARJORIE I. YOUNG No. 93-810Supreme Court of New Hampshire Grafton Decided July 6, 1995 1. Marriage — Generally — Antenuptial Agreements Decedent devised a life estate in home to his second wife and transferred to her in her name alone the […]

666 A.2d 934 ROBERT McINTIRE D/B/A Hillside Machine v. CATHERINE WOODALL No. 94-092Supreme Court of New Hampshire Carroll Decided September 22, 1995 1. Notice — Practice and Procedure — Due Process Although plaintiff argued that his due process rights were violated because the notice he received prior to trial court hearing did not adequately apprise […]

474 A.2d 580 THE STATE OF NEW HAMPSHIRE v. WILLIAM D. GODING No. 83-238Supreme Court of New Hampshire Merrimack Decided April 16, 1984 1. Jury — “Voir Dire” — Generally The statute governing examination of jurors is skeletal and must be supplemented, because the courts of New Hampshire do not generally permit counsel to conduct […]

230 A.2d 757 PETITION OF ARTHUR HARVEY. No. 5617.Supreme Court of New Hampshire Rockingham.Argued May 3, 1967. Decided June 30, 1967. 1. Commitment to jail pursuant to RSA 80:12 for neglect or refusal to pay a head tax is civil and not criminal process. 2. The fact that a taxpayer has “goods and chattels whereon […]

750 A.2d 52 THE STATE OF NEW HAMPSHIRE v. PHILIP A. GALGAY No. 99-194Supreme Court of New Hampshire Lebanon District Court Decided April 17, 2000 1. Search and Seizure — Generally — Investigative Stops A police officer may make an investigative stop of a vehicle provided that stop is based on a reasonable suspicion that […]

195 A.2d 582 ADRIAN E. HARDY v. MARTIN O. BETZ, Chief of Police. No. 5168.Supreme Court of New Hampshire Rockingham.Argued October 1, 1963. Decided December 3, 1963. 1. No obligation to support an illegitimate child exists where paternity has been neither established nor acknowledged. 2. In proceedings by the Commonwealth of Massachusetts under the Uniform […]

366 A.2d 476 DOROTHY HOLBROOK v. ROBERT DOW, INC. a. No. 7417Supreme Court of New Hampshire Rockingham Decided November 30, 1976 1. The language in the deed describing the right of way as being twenty feet wide and “at all points . . . not more than twenty feet wide nor at any point no […]

446 A.2d 1162 THE STATE OF NEW HAMPSHIRE v. RICHARD E. SHUTE, JR. No. 81-020 No. 81-181 No. 81-051Supreme Court of New Hampshire Grafton Decided June 9, 1982 1. Appeal and Error — Transcript — Indigents An indigent defendant in a criminal case is entitled to a free transcript of his first trial, if it […]

589 A.2d 1013 THE STATE OF NEW HAMPSHIRE v. DANIEL BUREAU No. 90-130Supreme Court of New Hampshire Hillsborough Decided May 3, 1991 1. Trial — Argument of Counsel — Improper Argument In order for a court to find prosecutorial overreaching, the government must have, through gross negligence or intentional misconduct, caused aggravated circumstances to develop […]

777 A.2d 884 PETITION OF CIGNA HEALTHCARE, INC. F/K/A HEALTHSOURCE NEW HAMPSHIRE, INC. No. 2000-653Supreme Court of New Hampshire Original Decided July 31, 2001 1. Mandamus — Generally — Nature of Remedy Writ of mandamus is used to compel a public official to perform a ministerial act that the official has refused to perform, or […]

550 A.2d 96 ROBERT E. STEWART v. MICHAEL J. CUNNINGHAM, WARDEN, NEW HAMPSHIRE STATE PRISON No. 87-471Supreme Court of New Hampshire Hillsborough Decided October 31, 1988 1. Criminal Law — Sentence — Constitutionality The enhanced sentencing statute meets the constitutional notice requirement by clearly delineating that the enhanced sentencing provision is applicable to all crimes. […]

612 A.2d 1318 KATHY AND CRAIG BELCHER v. WILLIAM D. PAINE, II No. 91-220Supreme Court of New Hampshire Carroll Decided August 27, 1992 1. Judgments — Summary Judgment — Generally Trial court is required to grant summary judgment when, after reviewing the evidence presented in the light most favorable to the opposing party, there exists […]

124 A.2d 195 INSTITUTE FOR TREND RESEARCH v. NEWELL BROWN, Director, Division of Employment Security. No. 4502.Supreme Court of New Hampshire Merrimack.Argued June 5, 1956. Decided July 6, 1956. The fact that the Institute for Trend Research was organized exclusively for scientific or educational purposes did not entitle it to exemption from payment of unemployment […]

365 A.2d 1047 JAMES DRYWALL, INC. v. EUROPA DEVELOPMENT CORPORATION a. No. 7260Supreme Court of New Hampshire Nashua District Court Decided October 29, 1976 1. The enforcement of a mechanic’s lien does not by itself sufficiently involve title to realty so as to preclude district court jurisdiction. Page 620 2. A mechanic’s lien is not […]

446 A.2d 80 MILDRED W. KIRKPATRICK v. PAUL JONES a. No. 81-333Supreme Court of New Hampshire Carroll Decided May 17, 1982 1. Estoppel — Elements Estoppel requires words or conduct which induce another to act in reliance and to change position. 2. Quieting Title — Evidence — Particular Cases In an action to quiet title, […]

489 A.2d 647 MOUNTAIN SPRINGS WATER COMPANY, INC. v. MOUNTAIN LAKES VILLAGE DISTRICT a. No. 84-169Supreme Court of New Hampshire Grafton Decided March 1, 1985 1. Pleading — Motion To Dismiss — Tests and Standards In ruling on a motion to dismiss, all facts properly pleaded by the plaintiff are deemed true, and all reasonable […]

234 A.2d 814 STATE v. PAUL E. CLINCH, Ex’r. No. 5604.Supreme Court of New Hampshire Coos.Argued June 5, 1967. Decided October 31, 1967. 1. The statute (RSA 8:41-46) authorizing the State to recover the expense of care of any patient or inmate of the New Hampshire Hospital and certain other institutions “from persons legally chargeable […]

807 A.2d 1266 ALLAN WONG v. DONALD M. EKBERG No. 97-346Supreme Court of New Hampshire CarrollSubmitted July 26, 2002 Opinion Issued September 20, 2002 1. Discovery—Disclosure of Witnesses—Particular Cases In an action for legal malpractice and breach of contract against defendant, plaintiff failed in his contention that, because he appeare pro se throughout the discovery […]

649 A.2d 843 THE STATE OF NEW HAMPSHIRE v. SHAWN McLELLAN No. 93-373Supreme Court of New Hampshire Strafford Decided November 7, 1994 1. Appeal and Error — Preservation of Questions — Generally Constitutional challenge to designation of two jurors, whose presence on jury was challenged by defendant because they thought they knew people affiliated with […]

188 A.2d 50 VERNEY CORPORATION (Gera Corporation, plaintiff in interest) v. PETERBOROUGH. No. 5011.Supreme Court of New Hampshire Hillsborough.Argued June 5, 1962. Decided September 28, 1962. Reargued December 5, 1962. Former Result Affirmed January 31, 1963. 1. An issue not raised in the course of the trial will not be considered by the Supreme Court. […]

389 A.2d 1379 THE STATE OF NEW HAMPSHIRE v. ROBERT W. HAYES No. 78-021Supreme Court of New Hampshire Rockingham Decided June 19, 1978 1. Mental Health — Criminal Offenses — Medication Where defendant pleaded guilty by reason of insanity and had stopped taking psychotropic medication on the day before the crime and claimed that he […]

372 A.2d 263 AMERICAN MUTUAL INSURANCE COMPANY AND HERBERT ENGINEERING, INC. v. ROBERT M. DUVALL, COMMISSIONER OF LABOR, LIBERTY MUTUAL INSURANCE COMPANY, COMPOSITE CONSTRUCTION COMPANY, INC. AND WILLIAM LAMBERT No. 7503Supreme Court of New Hampshire Hillsborough Decided March 31, 1977 1. Workmen’s Compensation — Out-of-State Coverage A workmen’s compensation insurance carrier which issues a policy […]

8 A.2d 744 HENRY HEBERT v. BOSTON MAINE RAILROAD. GEORGE HEBERT v. SAME. No. 3067.Supreme Court of New Hampshire Hillsborough. Decided October 3, 1939. Legal relevancy implies something more than a minimum of probative value. A ruling of the trial justice that evidence is relevant and therefore admissible presupposes that he has found as a […]

237 A.2d 668 PAUL TREMBLAY a. v. BERLIN POLICE UNION a. No. 5567.Supreme Court of New Hampshire Coos.Argued January 6, 1967. Decided January 30, 1968. 1. Where the discretionary power of municipalities to “recognize unions of employees and make and enter into collective bargaining contracts with such unions” (RSA 31:3 (supp)) was exercised by the […]

413 A.2d 308 THE STATE OF NEW HAMPSHIRE v. ERNEST L. KELLEY No. 79-215Supreme Court of New Hampshire Hillsborough Decided January 24, 1980 Weapons — Unlicensed Possession — Evidence Police chief’s testimony that defendant took handgun from chief against his will was sufficient to show weapon was not obtained in conformity with statute requiring felon […]

261 A.2d 269 STATE v. ANTHONY JAMES MONTEIRO. No. 5798.Supreme Court of New Hampshire Hillsborough. Decided January 30, 1970. 1. The June 12, 1967 decisions in United States v. Wade, 388 U.S. 218, and in Gilbert v. California, 388 U.S. 263, holding that a line-up is a critical stage in a prosecution and that a […]

669 A.2d 232 FIRST LONDONDERRY DEVELOPMENT CORPORATION v. CNA INSURANCE COMPANIES a. No. 94-389Supreme Court of New Hampshire Rockingham Decided December 29, 1995 1. Insurance — Policies — Exclusionary Clauses Owned property exclusion in insurance policy did not operate only to prevent one insured from recovering against another; it plainly applied to property damage to […]

484 A.2d 1176 THE STATE OF NEW HAMPSHIRE v. GLENN MARTIN THE STATE OF NEW HAMPSHIRE v. PATRICIA ALCORN No. 83-350 No. 83-356Supreme Court of New Hampshire Nashua District Court Decided November 9, 1984 1. Motor Vehicles — Alcohol Test — Generally The implied consent statute contains no express requirement that an arresting officer must […]

523 A.2d 120 THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER MAGUIRE No. 86-191Supreme Court of New Hampshire Hillsborough Decided March 6, 1987 1. Appeal and Error — Preservation of Questions Defendant properly raised State constitutional search and seizure issue at the trial court level and adequately briefed the issue on appeal. 2. Indictment and Information […]

302 A.2d 810 NEW HAMPSHIRE BANKERS ASSOCIATION v. JAMES W. NELSON, BANK COMMISSIONER No. 6540Supreme Court of New Hampshire State Bank Commissioner Decided March 29, 1973 1. As the representative of commercial banks as a class injured in fact from the competition to commercial bank checking accounts by savings bank negotiable orders of withdrawal (N.O.W.) […]