Category: New Hampshire Court Opinions

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 […]

219 A.2d 699 HOUSEHOLD GOODS CARRIERS ASS’N a. v. RONALD E. OUELLETTE d/b/a RON’S MOVING STORAGE. No. 5399.Supreme Court of New Hampshire Public Utilities Commission.Argued April 5, 1966. Decided May 31, 1966. 1. The granting by the Public Utilities Commission of a certificate to the defendant to operate as a household goods carrier between points […]

628 A.2d 260 HOLDEN ENGINEERING AND SURVEYING, INC. v. PEMBROKE ROAD REALTY TRUST a. No. 92-486Supreme Court of New Hampshire Concord District Court Decided July 7, 1993 1. Contracts — Construction — Ambiguity Interpretation of a contract, including whether a contract term is ambiguous, is ultimately a question of law for supreme court to decide. […]

402 A.2d 174 THE HANOVER INSURANCE COMPANY v. ERNEST M. GRONDIN, JR. a. No. 78-255Supreme Court of New Hampshire Strafford Decided May 23, 1979 1. Insurance — Coverage — Notice Exclusionary language of homeowner’s liability insurance policy providing that policy did not apply to the ownership, operation and use of a watercraft owned by the […]

234 A.2d 527 JOHN MEDICO v. ALBERT F. ALMASY. No. 5648.Supreme Court of New Hampshire Manchester District Court.Submitted September 8, 1967. Decided October 31, 1967. 1. The statute (RSA 525:1, 3) providing for the allowance of costs in “every action or petition, unless otherwise directed by law or by the court” grants discretionary power to […]

10 A.2d 668 ANATOLE CARON, INC. a. v. MANCHESTER FEDERAL SAVINGS LOAN ASSOCIATION, a. No. 3100[.]Supreme Court of New Hampshire Hillsborough. Decided January 2, 1940. BILL IN EQUITY, to enjoin the foreclosure of a mortgage and to remove a cloud on the title to real estate. Trial by the court. At the close of all […]

618 A.2d 828 HAWTHORNE TRUST v. MAINE SAVINGS BANK a. No. 91-378Supreme Court of New Hampshire Strafford Decided December 29, 1992 1. Appeal and Error — Standards of Review — Generally Findings and rulings of trial court will be upheld unless unsupported by evidence or erroneous as a matter of law, and standard is not […]

464 A.2d 279 CORA CATE FRENCH v. R.S. AUDLEY, INC. a. No. 82-105Supreme Court of New Hampshire Merrimack Decided July 13, 1983 1. Trespass — Trees and Wood — Remedies and Damages The multiple damages provisions of the statute governing wilful trespass are intended to deter people from damaging or removing the marketable resources specified […]

466 A.2d 907 MICHAEL MARRONE a. v. THE TOWN OF HAMPTON a. No. 82-331Supreme Court of New Hampshire Rockingham Decided August 31, 1983 1. Highways — Public Use — Encroachment The law is clear that a municipality cannot authorize a permanent encroachment on a public street unless such power has been expressly delegated by the […]

129 A.2d 914 PAUL E. VILLARS by his father and next friend v. CITY OF PORTSMOUTH AND AMERICAN FIDELITY INSURANCE COMPANY. No. 4543.Supreme Court of New Hampshire Rockingham.Argued January 2, 1957. Decided February 28, 1957. A petition for declaratory judgment may properly be maintained against a municipality to determine its liability, for which the municipality […]

591 A.2d 1323 THE STATE OF NEW HAMPSHIRE v. ROBERT A. DeMATTEO No. 89-518Supreme Court of New Hampshire Rockingham Decided June 5, 1991 1. Forgery and Counterfeiting — Statutes — Generally Intent of forgery statute is to protect the general public by protecting the integrity of commercial, legal, and other written documents and symbols. 2. […]

671 A.2d 112 APPEAL OF LEIGH H. WILLIAMSON (New Hampshire Department of Employment Security) No. 94-631Supreme Court of New Hampshire Department of Employment Security Decided February 12, 1996 1. Unemployment Compensation — Practice and Procedure — Judicial Review When reviewing decisions of the department of employment security (DES), supreme court will not substitute its judgment […]

362 A.2d 194 STATE OF NEW HAMPSHIRE v. DANNY SLADE No. 7280Supreme Court of New Hampshire Hillsborough Decided July 30, 1976 1. The burden of proof rests upon the prosecution to show that the search of the defendant’s home without a warrant was justified. 2. No amount of probable cause can, without more, justify a […]

401 A.2d 507 OPINION OF THE JUSTICES No. 79-083Supreme Court of New Hampshire Request of the Senate Decided May 7, 1979 Courts — Supreme Court — Advisory Opinions Supreme Court asked to be excused from answering Senate’s inquiries regarding Senate bill proposing to repeal law exempting department of employment security from right to know law, […]

623 A.2d 1322 PETITION OF DAVID DONOVAN d/b/a DONOVAN GROUP HOME (New Hampshire Division of Mental Health and Developmental Services and Division of Public Health Services) No. 91-289Supreme Court of New Hampshire Division of Mental Health and Developmental Services Division of Public Health Services Decided April 16, 1993 1. Administrative Law — Administrative Appeal — […]

415 A.2d 677 HENRY A. BURKE a. v. FIREMAN’S FUND INSURANCE COMPANY No. 79-331Supreme Court of New Hampshire Sullivan Decided May 12, 1980 1. Insurance — Indemnification Before insurer’s duty to provide indemnity arises, plaintiff must first have the liability of insured judicially imposed. 2. Insurance — Indemnification Absent a judicial determination of insured’s liability, […]

474 A.2d 566 SOPHIA ANTONIOU v. THEODORE J. KENICK No. 83-196Supreme Court of New Hampshire Hillsborough Decided March 2, 1984 1. Limitation of Actions — Statutes — Torts The supreme court held in Henderson Clay Prod’s, Inc. v. Edgar Wood Assoc’s, Inc., 122 N.H. 800 (1982), that the classifications created by the statute of limitations […]

761 A.2d 486 APPEAL OF NEW HAMPSHIRE TROOPERS ASSOCIATION (New Hampshire Public Employee Labor Relations Board) No. 98-374Supreme Court of New Hampshire Public Employee Labor Relations Board Decided October 5, 2000 1. Public Employees — Tenure — Demotion Nonsupervisory state police corporals did not suffer demotion in rank but change in job title when their […]

640 A.2d 288 THE STATE OF NEW HAMPSHIRE v. THOMAS HAYES No. 93-179Supreme Court of New Hampshire Strafford Decided April 5, 1994 1. Appeal and Error — Filing of Notice of Appeal — Timeliness Trial court’s refusal, after granting defendant’s motion to suppress evidence on day before trial, to grant State reasonable continuance necessary to […]

480 A.2d 149 SKLAR REALTY, INC. v. TOWN OF MERRIMACK AND AGWAY, INC. No. 83-327 No. 83-471Supreme Court of New Hampshire Hillsborough Decided July 31, 1984 1. Zoning — Planning Authorities — Powers and Duties Since, if a planning board could not impose a condition subsequent upon approval of application for non-residential uses of land […]

156 A.2d 120 ALBERT LEVESQUE v. MARY B. COTE. No. 4753.Supreme Court of New Hampshire Hillsborough.Argued October 6, 1959. Decided December 1, 1959. 1. Where the plaintiff purchased a house with his own funds and had the deed thereto placed in the names of himself and the defendant as joint tenants with the understanding that […]

736 A.2d 1223 APPEAL OF TOWN OF PELHAM (New Hampshire Board of Tax and Land Appeals) No. 96-561Supreme Court of New Hampshire Board of Tax and Land Appeals Decided May 11, 1999 1. Taxation — Assessment of Real Property Taxes — PropertyTaxable Property owner’s use of truck trailers as storage sheds was entirely consistent with […]

514 A.2d 829 DENNIS LABRECQUE v. TOWN OF SALEM a. No. 85-408Supreme Court of New Hampshire Rockingham Decided August 12, 1986 1. Zoning — Variances — Review A zoning board’s decision is subject to limited judicial review, and the appealing party must satisfy the statutory burden of proof to show that the decision is unlawful […]

1 A.2d 360 BERNARDI GREATER SHOWS, INC. v. BOSTON MAINE RAILROAD. MAYO WILLIAMS v. SAME. MATILDA PADGETT, Adm’x v. SAME. Supreme Court of New Hampshire Strafford. Decided September 6, 1938. The interpretation of a written agreement involves a consideration of all the evidentiary facts and circumstances bearing thereon. Hence the construction put upon such an […]

58 A.2d 209 REGINALD V. BRODY v. AIME J. BOUTIN. No. 3720.Supreme Court of New Hampshire Sullivan. Decided April 6, 1948. Whether a message transmitted by the sheriff to a jury constituted such an interference with their deliberations as to render the trial unfair presents an issue of fact for the Trial Court. TRESPASS for […]

167 A.2d 685 LOUISE F. DESAUTELLE, Adm’x v. MELVIN E. FLETCHER. No. 4897.Supreme Court of New Hampshire Carroll.Argued January 3, 1961. Decided February 7, 1961. 1. In an action for death of a pedestrian struck by defendant’s motor vehicle, the issue of contributory negligence was properly submitted to the jury where there was evidence of […]

79 A.2d 630 CHARLES CUSHMAN, Adm’r v. COUNTY OF GRAFTON a. No. 4011.Supreme Court of New Hampshire Grafton. Decided April 3, 1951. A county engaged in a governmental function is not liable for the negligence of its agents or servants. The maintenance of a jail including the employment of a turnkey is a governmental function […]

563 A.2d 786 ROBERT S. TREISMAN v. TOWN OF BEDFORD AND DEAN KAMEN No. 87-096 No. 88-441Supreme Court of New Hampshire Hillsborough Decided August 9, 1989 1. Zoning — Accessory Use — Generally Because a zoning ordinance cannot specifically provide for every lawful use, the rule of accessory use recognizes that owners may employ land […]

172 A.2d 363 LENORE BLAKE EBELT v. MARTIN FREDERICK EBELT. No. 4930.Supreme Court of New Hampshire Grafton.Submitted June 6, 1961. Decided June 30, 1961. 1. In the statutory provision relating to orders for support of minor needy children in divorce proceedings (RSA 458:18) granting power to the court to award the custody of a child […]

306 A.2d 62 NEW HAMPSHIRE-VERMONT PHYSICIAN SERVICE v. JOHN A. DURKIN, INSURANCE COMMISSIONER No. 6685Supreme Court of New Hampshire Original Decided June 22, 1973 1. Although there is no statutory provision for suspension of insurance commissioner’s order for Blue Shield insurance rates, supreme court may issue writs of certiorari under the authority of RSA 490:4 […]

166 A.2d 122 ALLSTATE INSURANCE COMPANY v. DANIEL P. CHATIGNY a. No. 4781.Supreme Court of New Hampshire Hillsborough.Argued November 1, 1960. Decided November 30, 1960. 1. In declaratory judgment proceedings to determine an insurer’s liability under an “Allstate Crusader Policy” affording coverage to “any relative with respect to a non-owned . . . automobile . […]

578 A.2d 343 In re TRAILER AND PLUMBING SUPPLIES No. 89-390Supreme Court of New Hampshire Strafford Decided July 23, 1990 1. Contracts — Construction — Divisibility A contract is a single, indivisible agreement if the parties gave a single assent to the whole transaction and did not assent separately to different parts of the proposal. […]

411 A.2d 1132 RICHARD DEARBORN, a. v. TOWN OF MILFORD, a. No. 79-096Supreme Court of New Hampshire Hillsborough Decided February 14, 1980 1. Towns — Powers — Authorized by Legislature Cities and towns have only such powers as the State grants them; however, a town through adoption of an ordinance may choose to exercise less […]

466 A.2d 923 CLINTON MERRILL a. v. CITY OF MANCHESTER a. JOHN H. GADD a. v. CITY OF MANCHESTER a. No. 82-559 No. 82-560Supreme Court of New Hampshire Hillsborough Decided October 3, 1983 1. Appeal and Error — Preservation of Questions — Failure To Present Below On appeal by landowners from an order of the […]

22 A.2d 855 MERRIMACK LOAN COMPANY, INC. v. GEORGE THEODOROU. No. 3273.Supreme Court of New Hampshire Merrimack. Decided November 4, 1941. A partial payment constituting an acknowledgment of the debt made by one of two joint debtors binds only the debtor who makes the payment and does not suspend the running of the statute in […]

813 A.2d 435 THE STATE OF NEW HAMPSHIRE v. BRUCE WATKINS No. 2001-172Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued September 18, 2002 Opinion Issued December 24, 2002 1. Criminal Law—Habitual Offender Statute—Construction Defendent failed in his assertion that the statute governing the procedure for revocation of the driver’s license of a person found to […]

808 A.2d 34 JUDITH KRAVITZ a. v. BEECH HILL HOSPITAL, L.L.C. a. No. 2000-832Supreme Court of New Hampshire CheshireArgued February 7, 2002 Opinion Issued September 27, 2002 1. Verdict—Requisites and Validity—Impeachment of Verdict Although the testimony or affidavits of jurors are inadmissible when offered as a basis for setting the verdict aside, they may be […]

64 A.2d 4 EMERY M. BUSSEY v. MERCY B. BUSSEY. No. 3778.Supreme Court of New Hampshire Hillsborough. Decided February 1, 1949. Whether the fraud practiced upon a libelee in obtaining a divorce decree is considered as extrinsic or intrinsic the granting or denial of relief from such decree is governed by general equitable considerations. A […]

564 A.2d 419 APPEAL OF WESTMORELAND SCHOOL BOARD (New Hampshire Public Employee Labor Relations Board) No. 88-213Supreme Court of New Hampshire Public Employee Labor Relations Board Decided August 9, 1989 1. Public Employees — Public Employee Labor Relations Board — Authority Public employee labor relations board, as an adjunct to its responsibilities to interpret governing […]

499 A.2d 977 THE STATE OF NEW HAMPSHIRE v. DONALD L. KOPPEL THE STATE OF NEW HAMPSHIRE v. NORMAN B. FOREST, JR. No. 85-006Supreme Court of New Hampshire Concord District Court Decided August 16, 1985 1. Constitutional Law — New Hampshire Constitution — Searches and Seizures Article of State Constitution providing protection against unreasonable searches […]

778 A.2d 415 THE STATE OF NEW HAMPSHIRE v. BRIAN DUFFY No. 2000-250Supreme Court of New Hampshire Portsmouth District Court Decided July 23, 2001 1. Constitutional Law — New Hampshire Constitution —Construction and Application Because the New Hampshire Constitution affords greater protection to a criminal defendant than the Federal Constitution in requiring the State to […]

609 A.2d 942 STATE OF NEW HAMPSHIRE v. JAMES W. COOK No. 91-167Supreme Court of New Hampshire Cheshire Decided June 30, 1992 1. Perjury — Elements — Generally Reiteration of a false statement, after a partial disclosure of the truth, gives rise to a separate charge of perjury. 2. Perjury — Elements — Generally Trial […]

389 A.2d 1388 ROBERT H. FOSTER a. v. WALTER A. CALDERWOOD a. No. 78-005Supreme Court of New Hampshire Strafford Decided July 18, 1978 1. Attorney and Client — Attorney Retained by Insurer — Representation Afforded Insured In action against defendants seeking money damages for trespass to property upon plaintiffs’ allegation that defendants had appropriated a […]

629 A.2d 1345 THE STATE OF NEW HAMPSHIRE v. RICHARD MAYNARD No. 91-270Supreme Court of New Hampshire Carroll Decided August 19, 1993 1. Criminal Law — Speedy Trial — Tests and Standards In determining whether a defendant has been deprived of his right to a speedy trial under either the State or Federal Constitutions, four […]

363 A.2d 420 KATHERINE NAVONIS v. VINCENT W. NAVONIS No. 7310Supreme Court of New Hampshire Hillsborough Decided August 31, 1976 1. Although the United States Constitution permits a State to award support when property of the defendant can be reached in the State Page 506 without service on the defendant there, RSA 458:19-a prescribes a […]

55 A.2d 894 VANCE McCRACKEN, by his father and next friend a. v. CAR GENERAL INSURANCE CORPORATION, LTD. a. No. 3673.Supreme Court of New Hampshire Merrimack. Decided December 2, 1947. Where knowledge of facts, by an insurer, giving rise to a right of avoidance or forfeiture of a policy of liability insurance is not obtained […]

351 A.2d 69 THEODORE ROXBURY, JR. v. WESLEY L. WILLEY a. No. 7065Supreme Court of New Hampshire Rockingham Decided January 31, 1976 1. The evidence did not support the trial court’s award of $13,000 to the defendants as the fair value of the improvements they had made on the property in good faith under the […]

147 A.2d 644 CECILE E. FORTIN a. v. JOHN O. MORTON, Commissioner. No. 4683.Supreme Court of New Hampshire Rockingham.Argued December 2, 1958. Decided December 31, 1958. 1. The Commissioner of Public Works and Highways acting under statutory authority (RSA 236:3) to design limited access highways and to regulate and restrict access thereto did not abuse […]

697 A.2d 495 THE STATE OF NEW HAMPSHIRE v. WILLIAM McBREAIRTY No. 96-049Supreme Court of New Hampshire Rockingham Decided May 9, 1997 1. Appeal and Error — Questions Considered on Appeal — Constitutionality Because the protections provided by the State and Federal Constitutions in the area of unreasonable search and seizure (investigatory stops) are equivalent, […]

669 A.2d 217 GARY DZIAMA, TRUSTEE OF THE MALT HOUSE EXCHANGE REALTY TRUST v. CITY OF PORTSMOUTH No. 94-230Supreme Court of New Hampshire Rockingham Decided December 22, 1995 1. Zoning and Planning — Statutes — Construction The trial court properly found that plaintiff failed to meet the statutory prerequisite to an appeal to the court […]

604 A.2d 945 PETITION OF KENNETH R. DUNLAP, JR. (New Hampshire State Board of Education) No. 89-561Supreme Court of New Hampshire Original Decided July 31, 1991 1. Appeal and Error — Right To Appeal Although statute providing that State Board of Education’s review of local school board decision is final and binding on both parties […]

444 A.2d 564 ALBERT J. GAUTHIER a. v. PAUL ROBINSON a. No. 81-283Supreme Court of New Hampshire Sullivan Decided April 7, 1982 1. Property — Servitudes If an owner of a tract of land has adopted a general scheme for the development of his lots, and has inserted in his deeds uniform restrictions intended for […]