Category: New Hampshire Court Opinions

221 A.2d 246 JANET L. WILLARD HANCHETT v. BREZNER TANNING COMPANY a. No. 5428.Supreme Court of New Hampshire Merrimack.Argued May 3, 1966. Decided June 30, 1966. 1. An injury sustained by a mechanic employee while repairing his personal motor vehicle at his place of employment during his idle working hours was properly found on the […]

6 A.2d 764 JAMES J. POWERS v. HORACE L. BARRETT HORACE L. BARRETT v. JAMES J. POWERS No. 3087Supreme Court of New Hampshire Hillsborough Decided June 6, 1939 In an action for negligence in causing a collision between two motor vehicles at an intersection of streets, the defendant argued that there was no need for […]

471 A.2d 1187 APPEAL OF VILLAGE BANK AND TRUST COMPANY APPEAL OF THE FAMILY BANK AND TRUST (New Hampshire Board of Tax and Land Appeals) No. 83-006 No. 83-059Supreme Court of New Hampshire Board of Tax and Land Appeals Decided February 16, 1984 1. Statutes — Construction and Application — Generally It is an elementary […]

29 A.2d 421 JOSEPH BENNETT v. ALFRED DUPUIS. No. 3357.Supreme Court of New Hampshire Hillsborough. Decided December 1, 1942. In an action against an automobile salesman by his prospective purchaser for injuries caused by the defendant in the course of a demonstration trip, the fact that the plaintiff had no license to drive was prima […]

199 A.2d 93 MARJORIE S. VALLEY v. ARTHUR F. VALLEY a. No. 5187.Supreme Court of New Hampshire Merrimack.Argued February 4, 1964. Decided March 31, 1964. 1. The right of partition is incident to all estates owned by tenants in common but this right may be waived by the parties in interest by express condition or […]

304 A.2d 647 LAWRENCE STONE v. LAWRENCE J. SHEA, SHERIFF RICHARD LEMIRE v. THOMAS L. BOUCHARD, ADM’R, HILLSBOROUGH COUNTY HOUSE OF CORRECTION No. 6428 No. 6391Supreme Court of New Hampshire Hillsborough Decided April 30, 1973 1. In the absence of a transcript of proceedings in a district court, evidence leading to conviction of crime following […]

101 A.2d 262 MERCHANTS MUTUAL CASUALTY CO. v. ROGER W. TUTTLE a. No. 4238.Supreme Court of New Hampshire Hillsborough.Argued November 3, 1953. Decided November 30, 1953. A question of law raised before the Trial Court and transferred by the reserved case may be considered, although its timeliness is questioned, where all the facts are before […]

205 A.2d 356 J. LABAN AINSWORTH v. CLAREMONT. No. 5268.Supreme Court of New Hampshire Sullivan.Argued November 4, 1964. Decided November 30, 1964. 1. The Supreme Court may consider the sufficiency of the evidence to support a decree on an exception to the denial of a motion to set aside the decree where the controversy is […]

233 A.2d 825 IN RE STAMATIA PAFELIS ESTATE. No. 5647.Supreme Court of New Hampshire Hillsborough Probate Court.Argued September 8, 1967. Decided October 6, 1967. 1. The statutory provision (RSA 552:7) that any party interested may have the probate of a will which has been proved without notice re-examined within one year of such probate is […]

765 A.2d 152 KARL F. KEELER a. v. RALPH BANKS No. 98-080Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided December 27, 2000 1. Highways — Laws of the Road — Construction of Statutes Phrase “immediate hazard,” in statute governing vehicles entering a stop intersection, means so close that ordinary man of average prudence placed […]

359 A.2d 634 APPLICATION OF LEONARD APPELL No. 7430Supreme Court of New Hampshire Original Decided June 30, 1976 1. Burden of establishing fitness to practice law rests upon applicant for admission to bar. 2. On record as a whole, applicant did not sustain his burden of proving that he is of good moral character and […]

324 A.2d 712 CAROLYN S. MALO v. WILLIAM F. MALO No. 6913Supreme Court of New Hampshire Hillsborough Decided July 19, 1974 1. In the absence of a brief in the defendant’s behalf or of any documentary evidence to support the defendant’s position before the supreme court, and in the absence of any indication in the […]

79 A.2d 573 HAZEL M. RUSSELL a. v. FIRST NATIONAL STORES, INC. No. 3973.Supreme Court of New Hampshire Cheshire. March 6, 1951. Where a wife had complete charge of buying the food for the household and purchased lamb patties for her own exclusive consumption paying for them with a check endorsed by her husband the […]

3 A.2d 109 STATE v. FEDERAL SQUARE CORPORATION. Supreme Court of New Hampshire Merrimack. Decided December 6, 1938. A deed of gift conveying certain land and the buildings thereon to a city for use as a public library “and for no other purpose”, established a public charity of which the city is trustee within the […]

293 A.2d 601 ROLAND G. LEBEL a. v. ARMAND A. BEAULIEU a. No. 6458.Supreme Court of New Hampshire Hillsborough. Decided June 30, 1972. 1. RSA 199:1 (supp.), 9, which provide that a schoolhouse site may be determined by vote of a school district or by a committee appointed for that purpose subject to an appeal […]

359 A.2d 644 STATE OF NEW HAMPSHIRE v. PAUL E. LEMIRE No. 7395Supreme Court of New Hampshire Hillsborough Decided June 30, 1976 1. The creation of a sentence review board under RSA 651:57-61 (Supp. 1975) does not preclude the superior court from considering the defendant’s petition to reduce his sentence as a petition for suspension […]

31 A.2d 61 EDMOND B. HEBERT a v. FRED A. COUTURE. No. 3365.Supreme Court of New Hampshire Strafford. Decided March 2, 1943. BILL IN EQUITY, to impress a constructive trust upon a sum of $3,000, in the hands of the defendant. The bill alleged that prior to April 14, 1941, the plaintiffs and the defendant […]

512 A.2d 411 CAGAN’S, INC. v. NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION PANCO, INC. v. LLOYD M. PRICE, COMMISSIONER, a. No. 85-301Supreme Court of New Hampshire Hillsborough Decided June 5, 1986 1. Statutes — Construction and Application — Plain Meaning The starting point for determining legislative intent is the language of the statute itself. 2. […]

154 A.2d 454 SANCO COMPANY, INC. v. EMPLOYERS MUTUAL LIABILITY INSURANCE CO. No. 4760.Supreme Court of New Hampshire Hillsborough.Argued September 1, 1959. Decided September 25, 1959. 1. Where a liability insurance policy excluded coverage for property damage with respect to “property used by the insured” and “property in the care, custody or control of 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.) […]

781 A.2d 1029 RODGERS DEVELOPMENT COMPANY a. v. TOWN OF TILTON a. No. 99-662Supreme Court of New Hampshire Belknap Decided October 3, 2001 1. Highways — Generally — Laying Out, Altering, Reclassifyingor Discontinuing Determining whether occasion exists to lay out roads is a two-step process: the first step is to balance the public interest in […]

769 A.2d 392 GRETCHEN LEBROKE a. v. UNITED STATES FIDELITY GUARANTY INSURANCE COMPANY No. 99-229Supreme Court of New Hampshire Carroll Decided April 4, 2001 1. Insurance — Policies — Construction Interpretation of terms in insurance policies is a question of law for the court to determine; the court takes the plain and ordinary meaning of […]

451 A.2d 1292 THE STATE OF NEW HAMPSHIRE v. LEONARD R. NIQUETTE No. 81-123Supreme Court of New Hampshire Hillsborough Decided October 14, 1982 1. Evidence — Certified Copies of Prior Convictions — Burden of Proof The superior court rule, requiring that a party seeking to impeach the credibility of a witness through prior convictions introduce […]

409 A.2d 787 MICHAEL E. CHASAN v. ARLENE (CHASAN) MINTZ No. 79-132Supreme Court of New Hampshire Rockingham Decided December 12, 1979 1. Divorce — Appeals — Tests and Standards A trial court has wide discretion in divorce matters relating to alimony and custody and its determination will not be disturbed on appeal if it could […]

136 A.2d 600 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE v. STATE OF NEW HAMPSHIRE. No. 4572.Supreme Court of New Hampshire Merrimack.Argued July 23, 1957. Decided November 26, 1957. 1. The Legislature may lawfully impose upon a public utility a property or estate tax on any intangible value, over and above the value of its tangible […]

298 A.2d 740 STATE v. TIMOTHY M. McCARTHY. No. 5975.Supreme Court of New Hampshire Hillsborough. Decided December 29, 1972. 1. The evidence taken as a whole was sufficient to sustain a jury verdict of guilty of second-degree murder. 2. Failure to raise as a defense that the defendant’s alcoholism was a mental disease that produced […]

553 A.2d 286 THE STATE OF NEW HAMPSHIRE v. MARVIN H. AMELL No. 87-507Supreme Court of New Hampshire Coos Decided December 29, 1988 1. Appeal and Error — Evidence Sufficiency of Evidence In an appeal based on the sufficiency of the evidence, the defendant bears the burden of demonstrating that no rational trier of fact, […]

441 A.2d 363 THE STATE OF NEW HAMPSHIRE v. VICTOR G. WONYETYE, JR. No. 80-436Supreme Court of New Hampshire Strafford Decided January 20, 1982 Appeal and Error — Preservation of Questions — Failure To Present Below During trial for aggravated felonious sexual assault, where defense counsel attempted to question the prosecutrix on cross-examination about any […]

72 A.2d 457 ARTHUR GEORGE TRAFTON, Adm’r v. CHARLES WILLIAM TRAFTON. No. 3782.Supreme Court of New Hampshire Rockingham. April 4, 1950. A widow for whom provision was made in her husband’s will must assume the burden of taking affirmative action by waiver or election in the Probate Court in order to share in the intestate […]

178 A.2d 293 ALBERT ARMSTRONG a. v. KENNETH W. BERGERON. No. 5016.Supreme Court of New Hampshire Cheshire.Argued February 6, 1962. Decided March 6, 1962. 1. As a general rule, where a second injury or an aggravation of a prior one is a direct consequence or a natural result of the original injury the defendant causing […]

84 A.2d 918 DOROTHY C. BURKE, Ex’x v. WALTER E. BURNHAM. No. 4058.Supreme Court of New Hampshire Hillsborough. Decided December 4, 1951. The recovery of damages under section 12 of the wrongful death statute (R.L., c. 355) was intended to be exclusive in cases where the damages sought and recovered are for injuries resulting in […]

659 A.2d 426 THE STATE OF NEW HAMPSHIRE v. VALMORE VACHON No. 93-766Supreme Court of New Hampshire Strafford Decided May 26, 1995 1. Evidence — Hearsay Exceptions — Reputation Testimony: Foundation Under New Hampshire Rule of Evidence 608(a), a proper foundation must be laid before the admission of reputation testimony; to be qualified to offer […]

252 A.2d 424 REGINALD WETHERALL v. WILTON-LYNDEBOROUGH COOPERATIVE SCHOOL DISTRICT a. No. 5930.Supreme Court of New Hampshire Hillsborough.Argued April 2, 1969. Decided April 30, 1969. 1. A special meeting of a cooperative school district organized after June 30, 1963 (RSA 195:18) has the same authority to authorize the borrowing of money (RSA 195:18 IX) during […]

238 A.2d 735 HAROLD D. MORAN, Adm’r a. v. ROBERT A. CARIGNAN, Adm’r. No. 5708.Supreme Court of New Hampshire Strafford.Argued February 7, 1968. Decided February 29, 1968. 1. An exception to a ruling on the admissibility of an extrajudicial statement, which was more favorable to the excepting party than he was entitled, was held to […]

279 A.2d 913 STATE v. PHILLIP BLAKE ALFONSO SMITH. No. 6190.Supreme Court of New Hampshire Cheshire. Decided June 30, 1971. 1. During the trial of two negroes charged with attempted larceny of an automobile, the testimony of an eyewitness that, on the day before the attempted larceny, he observed “two colored men” at the automobile […]

533 A.2d 333 THE STATE OF NEW HAMPSHIRE v. GARY S. DEAN No. 86-203Supreme Court of New Hampshire Strafford Decided October 9, 1987 1. Constitutional Law — Due Process — Rape Shield Law Inquiry into the prior consensual sexual activities of victims of aggravated felonious sexual assault is generally prohibited; nonetheless, due process and the […]

492 A.2d 1376 THE STATE OF NEW HAMPSHIRE v. BARBARA J. LABONVILLE No. 83-140Supreme Court of New Hampshire Merrimack Decided May 6, 1985 1. Constitutional Law — Right to Effective Counsel — Fundamental Right The State Constitution is to be read to guarantee, as a fundamental right, the effective assistance of counsel. N.H. CONST. pt. […]

355 A.2d 426 MARY R. DUCEY v. RUTH COREY No. 7193Supreme Court of New Hampshire Hillsborough Decided March 31, 1976 1. Trial court’s finding that plaintiff’s former attorney did not have express or implied authority to settle the case was based on evidence in the record. 2. The defendant’s motion to enforce the settlement sought […]

358 A.2d 406 MADELINE GAGNON, BY HER FATHER AND NEXT FRIEND, LEO GAGNON a. v. CHARLES MARTIN No. 7428Supreme Court of New Hampshire Hillsborough Decided May 29, 1976 1. RSA 466:19 was designed to give the party injured by a dog not owned or kept by him a remedy against the person who owned or […]

25 A.2d 121 N. MARTY FINE (GENERAL EXCHANGE INS. CORP., Plaintiff in Interest) v. ANTONIO PARELLA. No. 3301.Supreme Court of New Hampshire Hillsborough. Decided March 3, 1942. Notwithstanding a driver on the highway has no notice that another car in advance of him has been parked in violation of the statute, he is yet obliged […]

807 A.2d 1245 In the Matter of Cheryl Anne Coderre and Paul A. Coderre No. 2001-288Supreme Court of New Hampshire Brentwood Family DivisionArgued July 11, 2002 Opinion Issued September 30, 2002 1. Divorce — Child Support — Guidelines The presumption that a child support award calculated under the guidelines is correct may be rebutted by […]

736 A.2d 1219 NANCY MOULTON-GARLAND v. CABLETRON SYSTEMS, INC. No. 96-758Supreme Court of New Hampshire Strafford Decided May 11, 1999 1. Limitation of Actions — Proceedings — Statutes Judgment entered “with prejudice” constitutes judgment on merits of a matter, even if it resulted from violation of a procedural rule, and bars any attempt to revive […]

577 A.2d 1227 SARA BROWN v. DOUGLAS BROWN No. 89-092Supreme Court of New Hampshire Sullivan Decided July 27, 1990 1. Statutes — Construction and Application — Plain Meaning Where a purely statutory remedy is concerned, courts can neither ignore the plain language of the legislation nor add words which the lawmakers did not see fit […]

685 A.2d 910 APPEAL OF THE HOUSE LEGISLATIVE FACILITIES SUBCOMMITTEE a. (New Hampshire Public Employee Labor Relations Board) No. 95-164Supreme Court of New Hampshire Public Employee Labor Relations Board Decided November 21, 1996 1. Labor — Generally — Definitions The general court is not a “public employer” for purposes of the New Hampshire Public Employee […]

152 A.2d 521 RAY C. WEBB a. v. MAINE-NEW HAMPSHIRE INTERSTATE BRIDGE AUTHORITY. No. 4721.Supreme Court of New Hampshire Rockingham.Argued April 8, 1959. Decided May 21, 1959. 1. The approach road to the Maine-New Hampshire Interstate Bridge at Portsmouth is a public highway and owners of land abutting the approach road have incidental rights of […]

229 A.2d 188 OPINION OF THE JUSTICES. No. 5625.Supreme Court of New Hampshire Request of House of Representatives.Submitted April 10, 1967. Decided April 21, 1967. 1. Legislation which would prohibit business operations on Sundays and certain specific holidays and except from its provisions “works of necessity, emergency or charity” would not be a “law respecting […]

56 A.2d 57 MAURICE H. DUMAS v. HARTFORD ACCIDENT INDEMNITY COMPANY. No. 3693.Supreme Court of New Hampshire Hillsborough. Decided December 2, 1947. An insurer against liability is liable to the insured, irrespective of good faith, for negligently failing to accept an offer to settle a claim against the insured within the policy limits where the […]

272 A.2d 596 EDGAR L. FROST a. v. LLOYD V. POLHAMUS a. No. 6073.Supreme Court of New Hampshire Carroll. Decided December 30, 1970. 1. Defendants were properly charged with notice of plaintiffs’ rights, under a recorded deed from a common grantor, to the benefit of certain restrictions upon a lot acquired by the defendants under […]

108 A.2d 55 CORA PIKE, Adm’x v. HERBERT A. ADAMS. No. 4344.Supreme Court of New Hampshire Strafford.Argued September 7, 1954. Decided September 30, 1954. An action for wrongful death by the administratrix of a decedent wife against her husband alleging negligent operation of a motor vehicle in which she was a passenger is not barred […]

133 A.2d 788 AMOSKEAG-LAWRENCE MILLS, INC. v. STATE. No. 4593.Supreme Court of New Hampshire Hillsborough.Argued June 19, 1957. Decided July 9, 1957. 1. A motion for discovery after verdict, in aid of a motion to set aside the verdict, seeking the production of certain documents was properly denied where it was not established that the […]

305 A.2d 684 IN RE JAMES M. LYKES III ESTATE No. 6622Supreme Court of New Hampshire Sullivan Decided May 31, 1973 1. Provision by New Hampshire testator that testamentary trust for New Hampshire beneficiaries shall be construed according to laws of Texas is valid. 2. Nature and extent of interest given to trust beneficiaries is […]

13 A.2d 465 HARRY MARTIN, by his father and next friend, v. BOSTON MAINE RAILROAD. JOSEPH J. MARTIN v. SAME. No. 3153.Supreme Court of New Hampshire Hillsborough. Decided May 7, 1940. When the crossing gates at a grade-crossing are raised, or other signalling devices fail to show a warning, either of these facts may constitute […]

834 A.2d 253 THE STATE OF NEW HAMPSHIRE v. ROBERT DONOHUE. No. 2002-641.Supreme Court of New Hampshire BelknapArgued: September 11, 2003. Opinion Issued: October 24, 2003. 1. Conspiracy — Criminal Conspiracy — Generally Conspiracy punishes the agreement to commit or cause the commission of a crime. 2. Conspiracy — Criminal Conspiracy — Elements in General […]