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 […]
Category: New Hampshire Court Opinions
WOODSVILLE FIRE DISTRICT v. CRAY, 88 N.H. 264 (1936)
187 A. 478 WOODSVILLE FIRE DISTRICT v. EUGENE P. CRAY. Supreme Court of New Hampshire Grafton. Decided October 6, 1936. The trial justice may properly refuse to allow a bill of exceptions which merely enumerates matter of argument as items of fact and which is not “conformable to the truth of the case” as required […]
STATE v. MARTIN, 125 N.H. 672 (1984)
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 […]
STATE v. MAGUIRE, 129 N.H. 165 (1987)
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 […]
NEW HAMPSHIRE BANKERS ASS’N v. NELSON, 113 N.H. 127 (1973)
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.) […]
BALDWIN v. INSURANCE CO., 60 N.H. 164 (1880)
BALDWIN v. PHOENIX INSURANCE CO. Supreme Court of New Hampshire Coos. Decided June, 1880. The conveyance of property to the daughter of the insured, and by her to her mother, the wife of the insured, is a change in the title of the property, and will avoid a fire policy which declares that any change […]
MENESTRINA v. COMPANY, 81 N.H. 282 (1924)
125 A. 261 ENRICO MENESTRINA v. AMERICAN PEG COMPANY. Supreme Court of New Hampshire Grafton. Decided April 1, 1924. A mere expression of opinion by the trial justice unaccompanied by any ruling is not exceptionable. A bill of exceptions which does not disclose the facts upon which a ruling excepted to is based presents no […]
MARSTON v. STICKNEY, 58 N.H. 609 (1879)
MARSTON a. v. STICKNEY a. Supreme Court of New Hampshire Grafton. Decided March, 1879. A description of real estate, as a dwelling-house, in a deed, may pass a house, the buildings belonging to it, its curtilage, garden, orchard, and the close on which it is built, with reasonable limitations according to the circumstances of the […]
CONCRETE CO. v. RHEAUME BUILDERS, 101 N.H. 59 (1957)
132 A.2d 133 CONCRETE, INC. v. RHEAUME BUILDERS, INC. No. 4583.Supreme Court of New Hampshire Hillsborough.Argued May 7, 1957. Decided May 23, 1957. 1. Where the question submitted to the voters by the Constitutional Convention upon a proposed amendment to N.H. Const., Pt. I, Art. 20th, read “Are you in favor of preserving the right […]
DOW v. MERRILL, 65 N.H. 107 (1889)
18 A. 317 DOW v. MERRILL a., Ex’rs. Supreme Court of New Hampshire Rockingham. Decided June, 1889. The election of an executor to testify in a suit in which he is a party is a waiver of his exception to testimony of the other party which had been previously admitted against his objection. If the […]
NUTE v. YORK, 66 N.H. 541 (1891)
23 A. 367 NUTE a. v. YORK a. Supreme Court of New Hampshire Belknap. Decided June, 1891. The heirs of a widow who did not release her dower and homestead right, have no title to the real estate of her husband. WRIT OF ENTRY, for land in Alton of which Eben Hayes died seized. The […]
DANIELS v. LEBANON, 58 N.H. 284 (1878)
DANIELS v. LEBANON. Supreme Court of New Hampshire Sullivan. Decided March, 1878. Whether travelling in the night without a light, when the highway is wholly obscured by darkness, is want of ordinary care, is for the jury to determine in connection with all the circumstances of the case. Whether a verdict is against the evidence, […]
APPEAL OF STATE EMPLOYEES’ ASS’N, 120 N.H. 690 (1980)
422 A.2d 1301 APPEAL OF STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE, INC. (New Hampshire Public Employee Labor Relations Board) No. 79-401Supreme Court of New Hampshire Public Employee Labor Relations Board Decided October 27, 1980 1. Public Employees — Public Employee Labor Relations Board — Authority The legislature has vested the Public Employee Labor Relations Board […]
MERRIMACK PAVING CO. v. SOUTHWICK, 106 N.H. 138 (1965)
207 A.2d 438 MERRIMACK PAVING CORPORATION v. JOHN L. SOUTHWICK III. No. 5255.Supreme Court of New Hampshire Portsmouth Municipal Court.Argued January 5, 1965. Decided February 26, 1965. 1. A municipal court was held to have jurisdiction in a small claims action (RSA ch. 503) by a foreign corporation not licensed to do business in this […]
SECURITY FENCE CO. v. ASSOCIATION, 101 N.H. 190 (1957)
136 A.2d 910 SECURITY FENCE COMPANY v. MANCHESTER FEDERAL SAVINGS LOAN ASSOCIATION. No. 4601.Supreme Court of New Hampshire Hillsborough.Argued November 5, 1957. Decided December 18, 1957. 1. A surety is entitled, upon satisfaction of his principal’s obligation to a creditor, to be subrogated to the creditor’s rights and remedies against the principal. 2. A surety’s […]
HANCHETT v. BREZNER TANNING CO., 107 N.H. 236 (1966)
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 […]
POWERS v. BARRETT, 90 N.H. 279 (1939)
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 […]
APPEAL OF VILLAGE BANK TRUST CO., 124 N.H. 492 (1984)
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 […]
BENNETT v. DUPUIS, 92 N.H. 265 (1942)
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 […]
VALLEY v. VALLEY, 105 N.H. 297 (1964)
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 […]
STONE v. SHEA, 113 N.H. 174 (1973)
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 […]
MERCHANTS c. CAS. CO. v. TUTTLE, 98 N.H. 349 (1953)
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 […]
ACADEMY v. ADAMS, 65 N.H. 225 (1889)
18 A. 777, 23 A. 430 ADAMS FEMALE ACADEMY a. v. ADAMS a. Supreme Court of New Hampshire Rockingham. Decided December, 1889. A fund given by will to trustees “to establish a female academy,” c., may be used by the trustees for the support of a public school at the same place in connection with […]
AINSWORTH v. CLAREMONT, 106 N.H. 85 (1964)
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 […]
YEATON v. GRANGE, 77 N.H. 332 (1914)
91 A. 868 GEORGE H. YEATON a. v. SOMERSWORTH GRANGE a. Supreme Court of New Hampshire Strafford. Decided June 27, 1914. Where the question whether a by-law has become a dead letter in consequence of its non-observance has been finally determined by the regularly constituted tribunals of a secret order, it is not ordinarily reexamined […]
IN RE PAFELIS ESTATE, 108 N.H. 265 (1967)
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 […]
WOJCIECHOWSKI v. WILTOWSKI, 87 N.H. 41 (1934)
173 A. 380 ZENON WOJCIECHOWSKI, a. v. STANLEY WILTOWSKI, a. Supreme Court of New Hampshire Sullivan. Decided June 5, 1934. In an action on a bond to take the poor debtor’s oath, no hearing having occurred before the justices, the surety’s surrender of the principal after the expiration of the statutory year is not a […]
KEELER v. BANKS, 145 N.H. 558 (2000)
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 […]
APPLICATION OF APPELL, 116 N.H. 400 (1976)
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 […]
STATE v. WEEKS, 78 N.H. 408 (1917)
101 A. 35 STATE v. EUGENE A. WEEKS. Supreme Court of New Hampshire Cheshire. Decided May 1, 1917. The court has no power to allow a claim for the fees of expert witnesses employed by the counsel of a defendant indicted for murder to examine his mental condition, the defense of insanity having been suggested. […]
MALO v. MALO, 114 N.H. 496 (1974)
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 […]
BANFIELD v. WIGGIN, 58 N.H. 155 (1877)
BANFIELD v. WIGGIN Tr. Supreme Court of New Hampshire Carroll. Decided August, 1877. A legacy, given to a trustee and disposable at his discretion for the benefit of another, cannot be attached by trustee process in an action against the beneficiary: FOREIGN ATTACHMENT. The trustee is executor of the will of Nancy Wiggin. Among other […]
CLARK v. TILTON, 74 N.H. 330 (1907)
68 A. 335 CLARK v. TILTON a. Supreme Court of New Hampshire Rockingham. Decided November 5, 1907. If a person arrested upon criminal process freely and of his own volition requests the officer not to present him before the court to which the warrant is returnable, and is thereupon released from custody, he may be […]
STATE v. HAYDEN, 158 N.H. 597 (2009)
THE STATE OF NEW HAMPSHIRE v. DONNA HAYDEN. No. 2008-432.Supreme Court of New Hampshire. Rockingham.Argued: February 18, 2009. Opinion Issued: April 17, 2009. 1. Criminal Law — Habitual Offender Statute — Construction Pursuant to paragraph I of the habitual offender penalty statute in the statutory section titled “Motor Vehicles,” a person who is convicted of […]
RUSSELL v. STORES, 96 N.H. 471 (1951)
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 […]
KIMBALL v. FARNUM, 61 N.H. 348 (1881)
KIMBALL v. FARNUM. Supreme Court of New Hampshire Merrimack. Decided December, 1881. When personal chattels are sold to remain the vendor’s until paid for, and time is given for payment, which is extended on the understanding that the vendee may acquire a full title by subsequently completing payment, the vendee’s possession of the property is […]
STATE v. CORPORATION, 89 N.H. 538 (1938)
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 […]
LEBEL v. BEAULIEU, 112 N.H. 250 (1972)
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 […]
STATE v. LEMIRE, 116 N.H. 395 (1976)
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 […]
SEAVER v. ADAMS, 66 N.H. 142 (1889)
19 A. 776 SEAVER v. ADAMS. Supreme Court of New Hampshire Cheshire. Decided December, 1889. A married woman may maintain an action against another woman for seducing her husband. CASE. Demurrer to a declaration by a married woman alleging. that the defendant seduced her husband and alienated his affections from her. C. P. Eddy and […]
WINCHESTER v. STOCKWELL, 75 N.H. 322 (1909)
74 A. 249 WINCHESTER v. STOCKWELL. Supreme Court of New Hampshire Cheshire. Decided October 5, 1909. The statutory provision that unpaid taxes may collected by suit at law or bill in equity (P. S., c. 60, s. 17) does not authorize the rendition of a personal judgment against a non-resident delinquent. ASSUMPSIT, to recover taxes […]
LAMOUREUX v. MORIN, 72 N.H. 76 (1903)
54 A. 1023 LAMOUREUX v. MORIN Tr., LAMBERT, Claimant. Supreme Court of New Hampshire Coos. Decided March 3, 1903. The fact that a highway commissioner, acting without formal authority from the city council, customarily accepted assignments of future earnings by those employed in his department, and that such wages were paid to the assignees by […]
STATE v. LABONVILLE, 126 N.H. 451 (1985)
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. […]
DUCEY v. COREY, 116 N.H. 163 (1976)
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 […]
GAGNON v. MARTIN, 116 N.H. 336 (1976)
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 […]
EMERY v. HAVEN, 67 N.H. 503 (1893)
35 A. 940 EMERY a. v. HAVEN a. Supreme Court of New Hampshire Rockingham. Decided December, 1893. An expression of fear by a testator that a trust fund over which he possessed the power of testamentary disposition would pass by his will, and his act in causing the legatees named therein to execute and deliver […]
FINE v. PARELLA, 92 N.H. 81 (1942)
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 […]
IN THE MATTER OF CODERRE, 148 N.H. 401 (2002)
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 […]
STATE v. EXPRESS CO., 60 N.H. 219 (1880)
STATE v. U.S. CANADA EXPRESS CO. Supreme Court of New Hampshire Merrimack. Decided December, 1880. Taxation is an equal division of public expense. Chapter 63 of the General Laws is a provision for an unequal division of public expense, and is not authorized by the constitution. DEBT, on Gen. Laws, c. 63. The question of […]
MOULTON-GARLAND v. CABLETRON SYSTEMS, 143 N.H. 540 (1999)
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 […]
BROWN v. BROWN, 133 N.H. 442 (1990)
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 […]
HALL v. CONGDON, 55 N.H. 104 (1874)
HALL v. CONGDON. Supreme Court of New Hampshire Coos. Decided December 18, 1874. On the trial of an issue in substance whether certain land was conveyed to the defendant upon an express trust, parol evidence to prove the trust is inadmissible. In such case, parol evidence of facts not alleged in the bill, from which […]
APPEAL OF THE HOUSE LEGISLATIVE FACILITIES SUBCOM., 141 N.H. 443 (1996)
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 […]
WEBB v. MAINE-N.H. BRIDGES AUTHORITY, 102 N.H. 91 (1959)
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 […]
RODGERS DEV. CO. a. v. TOWN OF TILTON, 147 N.H. 57 (2001)
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 […]
ATTORNEY-GENERAL v. NEWICK, 77 N.H. 371 (1914)
92 A. 333 ATTORNEY-GENERAL (ex rel. MARTHA S. KIMBALL) v. IRA A. NEWICK. Supreme Court of New Hampshire Rockingham. Decided November 4, 1914. A vacancy occurring in the Portsmouth board of instruction is properly filled by the city council until another election shall be had. INFORMATION, in the nature of quo warranto, to determine the […]
STOCKWELL v. STOCKWELL, 72 N.H. 69 (1903)
54 A. 701 STOCKWELL v. STOCKWELL. Supreme Court of New Hampshire Cheshire. Decided March 3, 1903. A bill in equity alleging a conveyance of real estate by the plaintiff for the purpose of self-protection during the pendency of a libel for divorce and a breach of the defendant’s agreement to reconvey the premises on demand, […]
STONE v. INSURANCE CO., 69 N.H. 438 (1898)
45 A. 235 STONE, Ex’r, v. GRANITE STATE FIRE INSURANCE CO. Supreme Court of New Hampshire Merrimack. Decided December 1898. Under a provision that a fire insurance policy shall be void if the premises “shall become vacant by the removal of the owner or occupant,” and so remain for more than thirty days without the […]
LEBROKE v. U.S. FID. GUAR. INS. CO., 146 N.H. 249 (2001)
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 […]
STATE v. NIQUETTE, 122 N.H. 870 (1982)
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 […]
CHASAN v. MINTZ, 119 N.H. 865 (1979)
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 […]
PUBLIC SERVICE CO. v. STATE, 101 N.H. 154 (1957)
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 […]
STATE v. RODRIGUEZ, 157 N.H. 100 (2008)
THE STATE OF NEW HAMPSHIRE v. Luis A. RODRIGUEZ. No. 2007-107.Supreme Court of New Hampshire. Grafton.Argued: January 17, 2008. Opinion Issued: April 8, 2008. 1. Search and Seizure — Warrant Requirement;Exceptions — Generally Warrantless entries are per se unreasonable and illegal unless they fall within the narrow confines of a judicially crafted exception to the […]
STATE v. McCARTHY, 112 N.H. 437 (1972)
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 […]
STATE v. AMELL, 131 N.H. 309 (1988)
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, […]
STATE v. WONYETYE, 122 N.H. 39 (1982)
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 […]
TRAFTON v. TRAFTON, 96 N.H. 188 (1950)
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 […]
ARMSTRONG v. BERGERON, 104 N.H. 85 (1962)
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 […]
BURKE v. BURNHAM, 97 N.H. 203 (1951)
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 […]
JUDGE OF PROBATE v. GRANT, 59 N.H. 547 (1880)
JUDGE OF PROBATE v. GRANT a. Supreme Court of New Hampshire Belknap. Decided June, 1880. The neglect of a guardian to settle his account as required by Gen. St., c. 166, s. 13, for four years, does not release the sureties on his bond from liability for funds received by him as guardian after the […]
STATE v. VACHON, 139 N.H. 540 (1995)
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 […]
COMMONWEALTH TRUST CO. v. COMPANY, 77 N.H. 146 (1914)
89 A. 452 COMMONWEALTH TRUST CO. v. SALEM LIGHT, HEAT POWER CO. a. Supreme Court of New Hampshire Rockingham. Decided January 6, 1914. Where third parties are admitted to defend against litigation, the procedure subsequent to the motion for leave to appear is governed as justice requires. In the absence of fraud or collusion, general […]
STATE v. KOREAN, 157 N.H. 254 (2008)
THE STATE OF NEW HAMPSHIRE v. KOREAN METHODIST CHURCH OF NEW HAMPSHIRE. No. 2007-381.Supreme Court of New Hampshire. Rockingham.Argued: January 31, 2008. Opinion Issued: May 16, 2008. 1. Eminent Domain — Proceedings —Hearing The superior court is vested with the discretion to hold an evidentiary hearing on a preliminary objection to a declaration of taking, […]
COMPANY v. COMPANY, 67 N.H. 457 (1893)
36 A. 367 GAYSVILLE MANUFACTURING CO. v. PHOENIX MUTUAL FIRE INSURANCE CO. Supreme Court of New Hampshire Merrimack. Decided June, 1893. A provision in an insurance policy that any broker procuring it shall be deemed the agent of the insured and not of the insurers is not necessarily conclusive upon the question whether such broker […]
ADAMS v. STRAIN, 80 N.H. 90 (1921)
113 A. 209 GEORGE E. ADAMS v. JAMES H. STRAIN. Supreme Court of New Hampshire Grafton. Decided March 1, 1921. A mere accidental misstatement of the evidence by counsel in argument is not ground for disturbing a verdict, if the trial is not thereby rendered unfair. In trespass for assault and battery, the jury were […]
WETHERALL v. WILTON-LYNDEBOROUGH SCHOOL DISTRICT, 109 N.H. 361 (1969)
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 […]
PETITION OF DUNN, 160 N.H. 613 (2010)
PETITION OF MARTIN J. DUNN (New Hampshire Retirement System). No. 2009-265.Supreme Court of New Hampshire. Original.Argued: January 21, 2010. Opinion Issued: August 19, 2010. 1. Workers’ Compensation — Injuries or IllnessesCompensable — Causation The test for causation in a workers’ compensation ease has two prongs; a claimant must prove both legal causation and medical causation. […]
MORAN v. CARIGNAN, 108 N.H. 487 (1968)
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 […]
STATE v. BLAKE, 111 N.H. 249 (1971)
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 […]
STATE v. DEAN, 129 N.H. 744 (1987)
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 […]
PICKETT v. COMPANY, 89 N.H. 244 (1938)
196 A. 627 PICKETT v. NORWOOD CALEF COMPANY. Supreme Court of New Hampshire Cheshire. Decided January 4, 1938. Though a plaintiff is not permitted to recover for an injury upon the strength of one inference from the evidence, in the face of others of equal probability, direct evidence as to how the accident occurred will, […]
OPINION OF THE JUSTICES, 108 N.H. 103 (1967)
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 […]
DUMAS v. HARTFORD c. IND. CO., 94 N.H. 484 (1947)
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 […]
FROST v. POLHAMUS, 110 N.H. 491 (1970)
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 […]
NEW HAMPSHIRE INS CO. v. THOMPSON, 80 N.H. 57 (1921)
114 A. 272 NEW HAMPSHIRE FIRE INSURANCE CO. v. JAMES THOMPSON a. Supreme Court of New Hampshire Merrimack. Decided February 1, 1921. An assignment given to secure a surety of the assignor against liability is valid without notice to the assignor’s debtor as against a subsequent attaching creditor of the assignor. BILL OF INTERPLEADER. The […]
PIKE v. ADAMS, 99 N.H. 221 (1954)
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 […]
DOVER c. BANK v. TOBIN, 86 N.H. 209 (1933)
166 A. 247 DOVER COOPERATIVE BANK v. ESTATE OF SUSAN TOBIN (ALMIE M. JENNESS, Ex’x) a. Supreme Court of New Hampshire Strafford. Decided May 2, 1933. Where property is claimed as a gift inter vivos, the donee has the burden of establishing all facts essential to the validity of the gift. The fact that the […]
COLLINS v. WALKER, 55 N.H. 437 (1875)
COLLINS v. WALKER. Supreme Court of New Hampshire Coos. Decided March 12, 1875. Upon a writ of error, nothing which contradicts the record can be assigned for error. An irregularity in entering up a judgment is not ground for error. Upon motion in the court where the proceedings were had, the irregularity will be corrected […]
CHADBOURNE v. EXETER, 67 N.H. 190 (1892)
29 A. 408 CHADBOURNE v. EXETER. Supreme Court of New Hampshire Rockingham. Decided June, 1892. On a petition for leave to file a claim against a town for damages resulting from a defective highway, evidence on which a jury could properly return a verdict for the plaintiff is sufficient to warrant a finding that manifest […]
JENKINS v. FOWLER, 63 N.H. 244 (1884)
JENKINS, Ex’r, a. v. FOWLER a. Supreme Court of New Hampshire Strafford. Decided December, 1884. If a will contains no residuary clause, and it is manifestly the testator’s intention to dispose of all of his property, the words “all my moneys after paying all my just debts” may pass deposits in a savings-bank, and railroad […]
OPINION OF THE JUSTICES, 109 N.H. 508 (1969)
256 A.2d 500 OPINION OF THE JUSTICES. No. 5978.Supreme Court of New Hampshire Request of Governor and Council.Submitted August 13, 1969. Answer returned August 26, 1969. 1. The legislative requirement (Laws 1969, cc. 367, 368) that indigent defendants in criminal cases shall be personally responsible for a certain portion of the legal fees of court […]
ELWOOD v. BOLTE, 119 N.H. 508 (1979)
403 A.2d 869 QUENTIN ELWOOD v. GISA BOLTE AND EUGENE TOUGAS No. 79-051Supreme Court of New Hampshire Rockingham Decided June 27, 1979 1. Master and Servant — Element of Control Where airplane owner controlled destination and told pilot what to do with plane at conclusion of flight, owner retained elements of control thereby creating master-servant […]
CHANDLER v. CHANDLER, 109 N.H. 477 (1969)
256 A.2d 157 EDITH L. CHANDLER v. WILLIAM R. CHANDLER. No. 5718.Supreme Court of New Hampshire Strafford.Argued October 1, 1968. Decided July 30, 1969. 1. The Trial Court is not precluded by the Uniform Reciprocal Enforcement of Support Act (RSA 546:31 (supp)) from reducing a support order until such time as agreement may be reached […]
BERLIN c. ASS’N v. MAYOR OF BERLIN, 87 N.H. 80 (1934)
173 A. 810 BERLIN TAXPAYERS ASSOCIATION a. v. THE MAYOR AND CITY COUNCIL OF BERLIN a. Supreme Court of New Hampshire Coos. Decided June 28, 1934. Taxpayers may bring suit or intervene and thereafter carry on or defend a proceeding to which the municipality is a party when illegal action to their detriment is threatened […]
STILLINGS v. GIBSON, 63 N.H. 1 (1883)
STILLINGS v. GIBSON. Supreme Court of New Hampshire Carroll. Decided December, 1883. One who contracts to haul and deliver lumber on the cars at an agreed price, to be paid when it is sold in market and the avails received, has no lien thereon at common law for his labor. TROVER, for two car-loads of […]
CONSERVATION LAW FOUND. v. N.H. WETLANDS COUNCIL, 150 N.H. 1 (2003)
834 A.2d 193 CONSERVATION LAW FOUNDATION v. NEW HAMPSHIRE WETLANDS COUNCIL. No. 2002-282.Supreme Court of New Hampshire MerrimackArgued: May 7, 2003. Opinion Issued: September 12, 2003. 1. Environment and Natural Resources — Environmental Rights and Actions — Review In a hearing reviewing the decision of the New Hampshire Wetlands Council, the trial court did not […]
MARTINEAU v. WALDMAN, 93 N.H. 147 (1944)
36 A.2d 627 ROBERT MARTINEAU, Adm’r v. ERNEST WALDMAN. No. 3466.Supreme Court of New Hampshire Hillsborough. Decided March 7, 1944. A driver who failed to anticipate children on both sides of the street in the immediate vicinity where he had seen them on previous occasions, and who on the day of the accident concentrated his […]
STATE v. RADZIEWICZ, 122 N.H. 205 (1982)
443 A.2d 142 THE STATE OF NEW HAMPSHIRE v. CHARLES RADZIEWICZ No. 80-475Supreme Court of New Hampshire Cheshire Decided March 10, 1982 1. Searches and Seizures — Reasonable Searches and Seizures — Without Warrant Where the defendant, charged with first-degree murder, robbery while armed with a deadly weapon and conspiracy to commit armed robbery, was […]
AMOSKEAG-LAWRENCE CO. v. STATE, 101 N.H. 101 (1957)
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 […]
STATE v. DEMOS, 81 N.H. 318 (1924)
125 A. 426 STATE v. NICHOLAS DEMOS. STATE v. STEFANOS DEMOS. STATE v. JOHN SAITAS. Supreme Court of New Hampshire Hillsborough. Decided June 3, 1924. Two or more defendants indicted severally for the commission of a single crime may be jointly tried, where a joint trial works no prejudice. A person indicted as principal cannot […]