CUMMINGS v. CENTER HARBOR, 57 N.H. 17 (1876)

CUMMINGS v. CENTER HARBOR. Supreme Court of New Hampshire FROM GRAFTON CIRCUIT COURT. Decided March 21, 1876. Finding of fact by referee — “Travelling upon the highway.” A finding of fact by a referee will not be set aside where it appears that there was evidence upon which it might legally be based. Whether one […]

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LAMPREY v. DONACOUR, 58 N.H. 376 (1878)

LAMPREY v. DONACOUR. Supreme Court of New Hampshire Rockingham. Decided August, 1878. Evidence that after a sale the property sold was taxed to the vendor, with his knowledge and without objection, is admissible to show that the sale was fraudulent. An inventory of property made by municipal assessors of taxes for the purpose of taxation […]

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GAUTHIER v. ROBINSON, 122 N.H. 365 (1982)

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 […]

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SMILIE v. HOBBS, 64 N.H. 75 (1886)

5 A. 711 SMILIE v. HOBBS a. Supreme Court of New Hampshire Merrimack. Decided June, 1886. Sufficiency of certain evidence considered. ASSUMPSIT, upon a warranty of a steam-heating boiler. Facts found by the court. The defendants, by their agent Chesley, at the time of the sale, warranted the boiler to be durable, meaning, as both […]

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STATE v. LaROSE, 71 N.H. 435 (1902)

52 A. 943 STATE v. LaROSE. Supreme Court of New Hampshire Hillsborough. Decided June 3, 1902. An indictment charging the respondent with illegally keeping liquor for sale, and alleging a prior conviction as to which no proof is adduced, is sufficient to sustain a verdict of guilty of a first offence. Certain evidence deemed sufficient […]

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APPEAL OF NEWTON, 146 N.H. 186 (2001)

769 A.2d 363 APPEAL OF STEPHEN NEWTON. No. 98-452Supreme Court of New Hampshire Compensation Appeals Board March 26, 2001 1. Workers’ Compensation — Proceedings to SecureCompensation — Findings Findings of fact of New Hampshire Compensation Appeals Board will not be disturbed if they are supported by competent evidence in the record, upon which the board’s […]

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STATE v. BECKMAN, 114 N.H. 18 (1974)

315 A.2d 195 STATE OF NEW HAMPSHIRE v. BETTY BECKMAN No. 6503Supreme Court of New Hampshire Rockingham Decided January 31, 1974 1. Trial court in its discretion decides whether defendants in a criminal case are to be tried together or separately in the order specified by the court. 2. No exception lay and none was […]

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BURTMAN v. BUTMAN, 94 N.H. 412 (1947)

54 A.2d 367 AVELYN FREY BURTMAN v. J. S. BUTMAN and STANLEY M. BURNS, Individually and as Surviving Ex’rs OF THE WILL OF ABRAHAM BURTMAN. No. 3677.Supreme Court of New Hampshire Strafford. Decided July 2, 1947. Although the Attorney General is an indispensable party in the enforcement and supervision of charitable trusts there is no […]

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LAROSE v. PORTER, 87 N.H. 241 (1935)

177 A. 297 JOSEPH LAROSE v. PHILIP PORTER. Supreme Court of New Hampshire Hillsborough. Decided February 5, 1935. The time of performance of an agreement under seal may be extended by an executed parol agreement. An agreement by the defendant, a wholesale grocer, to assist the plaintiff to commence business as a member of an […]

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McRAE v. McRAE, 115 N.H. 353 (1975)

341 A.2d 762 PERSIS A. McRAE (DEYO) v. DENNIS E. McRAE No. 6961Supreme Court of New Hampshire Cheshire Decided June 30, 1975 1. Orders for child support issued pursuant to a final decree of divorce are modifiable for a substantial change of circumstances since the date of the decree, as well as for circumstances existing […]

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DROWN v. HUDSON, 112 N.H. 386 (1972)

296 A.2d 897 ALTON L. DROWN a. v. TOWN OF HUDSON. TARIKO, INC. v. TOWN OF HUDSON. No. 6398.Supreme Court of New Hampshire Hillsborough. Decided November 3, 1972. 1. A town moderator’s declaration at a town meeting that a zoning ordinance amendment was validly adopted by a majority vote was of no legal effect, for […]

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McGRANAHAN v. DAHAR, 119 N.H. 758 (1979)

408 A.2d 121 JOHN F. McGRANAHAN v. VICTOR W. DAHAR No. 78-214Supreme Court of New Hampshire Hillsborough Decided October 24, 1979 1. Libel and Slander — Judicial Proceedings — Privilege According to the general rule, statements made in the course of judicial proceedings are absolutely privileged from civil actions, provided they are pertinent to the […]

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SMITH v. INTERSTATE c. SERVICE, 88 N.H. 457 (1937)

190 A. 704 LENA K. SMITH v. INTERSTATE PASSENGER SERVICE a. PEARL K. WHEELER v. SAME. CENTRAL SURETY AND INSURANCE CORPORATION v. LENA K. SMITH a. Supreme Court of New Hampshire Coos. Decided March 2, 1937. An endorsement upon a liability policy providing that “the coverage provided herein to a person responsible for the operation […]

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STATE v. ALOSA, 137 N.H. 33 (1993)

623 A.2d 218 THE STATE OF NEW HAMPSHIRE v. MATTHEW ALOSA No. 91-410Supreme Court of New Hampshire Hillsborough Decided April 7, 1993 1. Search and Seizure — Practice and Procedure — Standing to Challenge Search State Constitution did not require Supreme Court to afford automatic standing to defendant convicted of conspiracy to possess marijuana with […]

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LOMAS v. HILLIARD, 60 N.H. 148 (1880)

LOMAS v. HILLIARD a., Adm’rs. Supreme Court of New Hampshire Coos. Decided June, 1880. A report of a commissioner of insolvency in Vermont in favor of an administrator there, accepted and recorded by the probate court to which it is returned and acquiesced in by the parties is such a judgment that the same parson […]

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FULLER v. DANIELS, 63 N.H. 395 (1885)

FULLER v. DANIELS. Supreme Court of New Hampshire Hillsborough. Decided June, 1885. Injunction granted to restrain a mill-owner from opening his gates and allowing water to run to waste, when the plaintiff, an owner on the other side of the stream, taking his water from the same dam, bad a right to all the water […]

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DOW v. STATE, 107 N.H. 512 (1967)

226 A.2d 92 CHARLES F. DOW a. v. STATE. No. 5538.Supreme Court of New Hampshire Belknap.Argued November 1, 1966. Decided January 27, 1967. 1. In eminent domain proceedings the owner of land condemned is entitled to damages for the taking measured by the difference between the value of the land after the taking and what […]

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NEWBURY BANK v. SAYER, 74 N.H. 598 (1906)

65 A. 1117 NATIONAL BANK OF NEWBURY v. SAYER. Supreme Court of New Hampshire Grafton. Decided November 7, 1906. ASSUMPSIT, upon a bank check. Transferred from the November term, 1905, of the superior court by Chamberlin, J. Smith Smith, for the plaintiffs. Batchellor Mitchell and George F. Morris, for the defendant. WALKER, J. In addition […]

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QUINCY MUTUAL FIRE INS. CO. v. CROTEAU, 127 N.H. 676 (1986)

506 A.2d 303 QUINCY MUTUAL FIRE INSURANCE CO. v. ANITA CROTEAU No. 84-294Supreme Court of New Hampshire Coos Decided February 27, 1986 1. Declaratory Judgments — Statutes — Limitation of Actions In general, a petition for declaratory judgment raising questions of coverage under an insurance policy must be filed within six months of the date […]

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A. E. NELSON CO. v. HAGGETT’S SPORT SHOP, INC., 120 N.H. 515 (1980)

418 A.2d 1273 A. E. NELSON COMPANY a. v. HAGGETT’S SPORT SHOP, INC. AND INDIAN HEAD NATIONAL BANK OF CONCORD, TRUSTEE No. 79-368Supreme Court of New Hampshire Merrimack Decided August 21, 1980 1. Secured Transactions — Security Agreement — Terms A security agreement is effective according to its terms between the parties and against creditors. […]

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POTTER v. MOODY, 79 N.H. 87 (1918)

104 A. 889 WILBUR L. POTTER v. DORA MOODY. Supreme Court of New Hampshire Rockingham. Decided November 6, 1918. An argument of counsel, urging the jury to draw an inference not warranted by the evidence, if prejudicial, will be corrected by the court on request; but such argument is no ground for setting aside a […]

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SMITH v. COMPANY, 97 N.H. 522 (1952)

92 A.2d 658 WILLIAM C. SMITH v. COCA COLA BOTTLING CO. No. 4152.Supreme Court of New Hampshire Grafton. Decided December 2, 1952. The res ipsa loquitur doctrine ordinarily applies only where (1) the accident is of a kind which ordinarily does not occur in the absence of negligent conduct; (2) it is caused by an […]

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TREMBLAY v. DONNELLY, 103 N.H. 498 (1961)

175 A.2d 391 ALICE TREMBLAY v. JOHN J. DONNELLY a. No. 4945.Supreme Court of New Hampshire Hillsborough.Argued October 3, 1961. Decided November 30, 1961. 1. In an action by an upstairs tenant to recover for injuries sustained from slipping on a pear on the unlighted ground floor porch as she entered the tenement building in […]

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UNION v. MAZUR, 96 N.H. 347 (1950)

76 A.2d 790 JOURNEYMEN BARBERS c. UNION v. FRANK A. MAZUR. No. 3944.Supreme Court of New Hampshire Hillsborough. Decided November 17, 1950. A collective bargaining agreement between a barbers’ union and a proprietor of a barber shop containing among other provisions that barber shops shall be open for business only during certain hours and shall […]

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STATE v. COSTELLO, 159 N.H. 113 (2009)

THE STATE OF NEW HAMPSHIRE v. KURT COSTELLO. No. 2008-332.Supreme Court of New Hampshire. Rockingham.Argued: May 5, 2009. Opinion Issued: July 23, 2009. 1. Evidence — Other Bad Acts — Generally The purpose of the rule regarding prior bad acts is to ensure that the defendant is tried on the merits of the crime as […]

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NEW ENGLAND TEL. TEL. CO. v. MITCHELL, 114 N.H. 478 (1974)

322 A.2d 613 NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY v. MITCH CHALON MITCHELL d.b.a. MITCH’S MOBILE HOMES TRANSPORTING, SALES PARKS AND EULA MITCHELL No. 6871Supreme Court of New Hampshire Grafton Decided July 19, 1974 1. Injunction was properly issued enjoining defendants from maintaining display mobile homes within 12 1/2 feet of a buried cable in […]

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STAHL v. RAILROAD, 71 N.H. 57 (1901)

51 A. 176 STAHL v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Coos. Decided October 1, 1901. An unconditional refusal by the agent of a railroad company to deliver freight to the owner and consignee unless demurrage charges upon other cars shall be paid, followed before action is brought by an offer to deliver […]

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BAXTER c. CO. v. COMPANY, 98 N.H. 62 (1953)

94 A.2d 371 BAXTER WOOLEN COMPANY, INC. v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. No. 4178.Supreme Court of New Hampshire Strafford. Decided February 3, 1953. The granting of plaintiff’s motion for a voluntary nonsuit, without prejudice, prior to hearing upon the merits but subsequent to a hearing upon a demurrer without decision was proper as […]

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FORTINO v. TIMKO, 110 N.H. 200 (1970)

263 A.2d 663 RICHARD D. FORTINO v. JOY B. TIMKO a. No. 6003Supreme Court of New Hampshire Rockingham Decided March 31, 1970 1. Abandonment of a child exists when a parent’s conduct evidences a settled purpose to forego all parental duties and relinquish all parental claims to the child. 2. The question of abandonment of […]

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STATE v. DALPHOND, 133 N.H. 827 (1991)

585 A.2d 317 THE STATE OF NEW HAMPSHIRE v. JOHN DALPHOND No. 89-567Supreme Court of New Hampshire Merrimack Decided January 28, 1991 1. Evidence — Past Offenses — Admissibility Before allowing evidence of defendant’s prior bad acts to go before the jury, trial court must preliminarily determine whether (1) the evidence is relevant for a […]

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WILLIAMSON v. COMPANY, 89 N.H. 216 (1938)

196 A. 265 SALLY WILLIAMSON v. DERRY ELECTRIC COMPANY. Supreme Court of New Hampshire Rockingham. Decided January 4, 1938. Case, against the owner of a store for injuries received by one entering therein and falling on a waxed floor which had become slippery from water dripping off umbrellas and rubbers of previous visitors. The evidence […]

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IN RE MUSSMAN, 112 N.H. 99 (1972)

289 A.2d 403 IN RE MACK M. MUSSMAN. No. 6291.Supreme Court of New Hampshire Original. Decided March 31, 1972. 1. The supreme court has power, upon a proper showing of abuse or misconduct, to order a suspension of a district court judge from sitting in his court or to assign another judge in his place. […]

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CROSS v. WARDEN, N.H. STATE PRISON, 138 N.H. 591 (1994)

644 A.2d 542 WAYNE F. CROSS v. WARDEN, NEW HAMPSHIRE STATE PRISON No. 93-022Supreme Court of New Hampshire Hillsborough-northern judicial district Decided June 27, 1994 1. Appeal and Error — Dismissal of Complaint — Standards for Review Court on appeal from order granting motion to dismiss will assume truth of both facts alleged in plaintiff’s […]

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STEELE v. TOWN OF ALLENSTOWN, 124 N.H. 487 (1984)

471 A.2d 1179 STUART J. STEELE a. v. TOWN OF ALLENSTOWN No. 82-530Supreme Court of New Hampshire Merrimack Decided February 16, 1984 1. Taxation — Appraisal and Assessment — Value The supreme court has held that all taxable property is to be valued at its best and highest use. 2. Taxation — Appraisal and Assessment […]

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APPEAL OF CITY OF NASHUA BD. OF EDUC., 141 N.H. 768 (1997)

695 A.2d 647 APPEAL OF CITY OF NASHUA BOARD OF EDUCATION (New Hampshire Public Employee Labor Relations Board) No. 95-661Supreme Court of New Hampshire Public Employee Labor Relations Board Decided April 24, 1997 1. Labor — Labor Unions — Unfair Labor Practices Although the New Hampshire Public Employee Labor Relations Board’s decision that a city […]

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IN RE ESTATE OF LOCKE, 148 N.H. 754 (2002)

813 A.2d 1172 In re ESTATE OF GERALDINE M. LOCKE No. 2001-680Supreme Court of New Hampshire Merrimack County Probate CourtArgued September 11, 2002 Opinion Issued December 23, 2002 1. Descent and Distribution—Statutory Provisions—DescentGenerally The statute governing distribution upon intestacy clearly and unambiguously states that if the decedent has no surviving issue, parent or issue of […]

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BATH v. HAVERHILL, 73 N.H. 511 (1906)

63 A. 307 BATH v. HAVERHILL. Supreme Court of New Hampshire Grafton. Decided February 6, 1906. The location of it disputed boundary line between towns is not finally determined by the report of a committee appointed under section 5, chapter 52, Public Statutes, nor by a ruling of the trial court thereon, but by a […]

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GRIFFIN v. COMPANY, 67 N.H. 287 (1891)

30 A. 344 GRIFFIN v. GLEN MANUFACTURING CO. Supreme Court of New Hampshire Coos. Decided December, 1891. A direction by an employer, given in a harsh and loud tone of voice, to his employe to do a lawful and proper act within the scope of his employment, who thereupon does the act improperly whereby a […]

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STATE v. REYNOLDS, 131 N.H. 291 (1988)

556 A.2d 298 THE STATE OF NEW HAMPSHIRE v. DWIGHT T. REYNOLDS No. 87-340Supreme Court of New Hampshire Merrimack Decided December 28, 1988 1. Evidence — Failure To Preserve — Grounds for Reversal Where the State has lost or destroyed apparently relevant evidence, and the State demonstrates both its good faith and its lack of […]

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CHAGNON LUMBER CO., INC. v. DeMULDER, 121 N.H. 173 (1981)

427 A.2d 48 CHAGNON LUMBER CO., INC. v. ALLAN P. DeMULDER a. No. 80-176Supreme Court of New Hampshire Hillsborough Decided March 11, 1981 1. Appeal and Error — Findings — Tests for Overturning Absent an abuse of discretion, supreme court will not overturn a trial court’s findings unless it clearly appears they were made without […]

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WALLACE v. LAKES REGION CONST. CO., INC., 124 N.H. 712 (1984)

474 A.2d 1037 BRADLEY WALLACE a. v. LAKES REGION CONSTRUCTION COMPANY, INC. No. 83-157Supreme Court of New Hampshire Belknap Decided April 9, 1984 1. Evidence — Hearsay — Generally Hearsay is an out-of-court statement offered in evidence to prove the truth of the matter asserted. 2. Evidence — Hearsay — Admissibility Hearsay is generally inadmissible […]

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DOSTIE v. COTTON MILLS, 80 N.H. 87 (1921)

114 A. 277 ALFRED DOSTIE, by his next friend PHILIP DOSTIE, v. INTERNATIONAL COTTON MILLS. Supreme Court of New Hampshire Hillsborough. Decided March 1, 1921. A boy of sixteen, employed by the defendant and of less than average mentality, while attempting to collect flax from under a breaker was injured by his hand coming in […]

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MERRILL v. PERKINS, 59 N.H. 343 (1879)

MERRILL v. PERKINS. Supreme Court of New Hampshire Merrimack. Decided December, 1879. The form of action may be changed by amendment; and the amendment may be made after verdict, without a new trial, when the verdict could not have been affected by the amendment if it had been made before the trial. How far the […]

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BERRY v. SCHOOL BOARD, 78 N.H. 30 (1915)

95 A. 952 NORMAN J. BERRY v. SCHOOL BOARD OF BARRINGTON. Supreme Court of New Hampshire Strafford. Decided November 2, 1915. A school board is not required as matter of law to transport a scholar who lives within reasonable walking distance of the schoolhouse, but is unable to walk there because of a physical infirmity. […]

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CROWLEY v. HURD, 58 N.H. 75 (1877)

CROWLEY v. HURD. Supreme Court of New Hampshire Strafford. Decided March, 1877. An officer making an arrest without a warrant, upon a view, and between sunset and sunrise, is not liable, under s. 6, c. 236, Gen. St., for discharging his prisoner without carrying him before a magistrate. QUI TAM, to recover a penalty. The […]

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ASTLES’ CASE, 134 N.H. 602 (1991)

594 A.2d 167 ASTLES’ CASE No. LD-90-006Supreme Court of New Hampshire Original Decided August 2, 1991 1. Attorney and Client — Code of Professional Responsibility — Violation Attorney’s attempt to obtain commercial financing for his personal residence by making misrepresentations to the finance company violated the Rules of Professional Conduct, and even if there was […]

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STATE v. BANKS, 108 N.H. 350 (1967)

236 A.2d 110 STATE v. RONALD E. BANKS. No. 5695.Supreme Court of New Hampshire Rockingham.Argued November 8, 1967. Decided November 30, 1967. 1. The effect of an enactment of a new burglary statute (Laws 1967, 190:1) and the repealing by such legislation of the former statute on burglary (RSA ch. 583) which provided that “This […]

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GORDONVILLE CORP. v. LR1-A LTD. P’SHIP, 151 N.H. 371 (2004)

856 A.2d 746 GORDONVILLE CORPORATION N.V. v. LR1-A LIMITED PARTNERSHIP. No. 2004-023.Supreme Court of New Hampshire Carroll.Argued: June 17, 2004. Opinion Issued: August 31, 2004. 1. Taxation — Redemption from Tax Sale — Construction of Statutes In statute governing repurchase of property by former owners, which makes clear that the statutory scheme governs “property which […]

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POWLEY v. LESSARD, 117 N.H. 991 (1977)

380 A.2d 681 ROBERT POWLEY, ADMINISTRATOR, ESTATE OF ESTHER E. MURPHY v. WILLIAM J. LESSARD a. No. 7779Supreme Court of New Hampshire Cheshire Decided December 2, 1977 1. Vendor and Purchaser — Conveyance — Validity On appeal from dismissal of petition in equity brought by administrator of deceased vendor’s estate, seeking to set aside real […]

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VIGNEAULT v. TRAVELERS INS. CO., 118 N.H. 75 (1978)

382 A.2d 910 MARIA VIGNEAULT v. THE TRAVELERS INSURANCE COMPANY AND NATIONAL GRANGE INSURANCE COMPANY No. 7757Supreme Court of New Hampshire Hillsborough Decided February 3, 1978 1. Insurance — Automobile Policies — Extraterritorial Liability Coverage Where plaintiff New Hampshire resident was injured in New Hampshire when automobile in which she was riding collided with vehicle […]

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STATE v. HANNON, 151 N.H. 708 (2005)

867 A.2d 426 THE STATE OF NEW HAMPSHIRE v. EDWARD HANNON. No. 2003-284.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: September 9, 2004. Opinion Issued: February 22, 2005. 1. Criminal Law — Double Jeopardy — New Hampshire Constitution The Double Jeopardy Clause of the New Hampshire Constitution precludes the State from pursuing multiple charges in […]

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IN RE MICHAEL E. A., 2011-115 (N.H. 9-22-2011)

27 A.3d 749 IN RE MICHAEL E. a. No. 2011-115Supreme Court of New Hampshire Dover Family DivisionSubmitted: July 13, 2011 Opinion Issued: September 22, 2011 Michael A. Delaney, attorney general (Jeanne P.Herrick, attorney, on the memorandum of law), for the petitioner, New Hampshire Division for Children, Youth and Families. Burns Legal Services, of Portsmouth (Christopher […]

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GARTHE v. MILLS, 118 N.H. 270 (1978)

385 A.2d 855 RICHARD GARTHE v. MICHAEL MILLS, d/b/a REAL ESTATE PLUS No. 7943Supreme Court of New Hampshire Hillsborough Decided April 25, 1978 Contempt — Penalties and Sanctions Trial court improperly entered criminal contempt penalty in form of $300 fine, not clearly payable to complainant, following an indirect civil contempt proceeding. New Hampshire Legal Assistance, […]

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DANA COMM. CREDIT CORP. v. HANSCOM’S TRUCK STOP, 141 N.H. 131 (1996)

679 A.2d 570 DANA COMMERCIAL CREDIT CORP. v. HANSCOM’S TRUCK STOP, INC. No. 95-069Supreme Court of New Hampshire Rockingham Decided June 11, 1996 1. Contracts — Warranties — Warranty Disclaimer Warranty disclaimer in lease agreement was conspicuous where the heading was printed in capitals, and the disclaimer itself was in capitals and bold-faced type. RSA […]

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STATE v. PAONE, 142 N.H. 216 (1997)

697 A.2d 1390 THE STATE OF NEW HAMPSHIRE v. ENRICO PAONE No. 96-190Supreme Court of New Hampshire Belknap Decided July 28, 1997 1. Criminal Law — Speedy Trial — New Hampshire Constitution As the Federal Constitution afforded defendant no greater protection as to his right to a speedy trial than the New Hampshire Constitution, his […]

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ENGLISH v. PORTER, 63 N.H. 206 (1884)

ENGLISH, Ap’t, v. PORTER, Adm’r. Supreme Court of New Hampshire Grafton. Decided June, 1884. The statute excluding the testimony of a party when the other party is an administrator, applies when the matter in controversy is an account. It also applies in the case of a claim against a partnership prosecuted against the estate of […]

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WELLMAN v. RILEY, 95 N.H. 507 (1949)

67 A.2d 428 HAROLD B. WELLMAN v. WM. H. RILEY, Comm’r of Labor. No. 3835.Supreme Court of New Hampshire Hillsborough. Decided June 28, 1949. An employee who receives a week’s vacation with pay during a layoff is not “totally unemployed” for that week within the meaning of the Unemployment Compensation Act and therefore is not […]

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SCONTSAS v. CITIZENS INS. CO., 112 N.H. 47 (1972)

289 A.2d 64 JOHN SCONTSAS a. v. CITIZENS INSURANCE COMPANY OF NEW JERSEY. No. 6248.Supreme Court of New Hampshire Hillsborough. Decided March 7, 1972. 1. The equitable remedy of reformation for mutual mistake is not triable by jury, even though the superior court has jurisdiction at law and in equity. 2. The distinction between law […]

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MONADNOCK INS. AGENCY, INC. v. MANNING, 117 N.H. 508 (1977)

374 A.2d 961 MONADNOCK INSURANCE AGENCY, INC., a. v. JOSEPH P. MANNING No. 7685Supreme Court of New Hampshire Cheshire Decided June 7, 1977 1. Brokers — Commission — Brokers Entitled to Where seller listed his property with several agencies, including plaintiff real estate broker, but not with plaintiff co-broker whom he was not pleased with, […]

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ROBINSON v. N.H. REAL ESTATE COMM’N, 157 N.H. 729 (2008)

DALE ROBINSON v. NEW HAMPSHIRE REAL ESTATE COMMISSION. No. 2008-027.Supreme Court of New Hampshire. Merrimack.Argued: September 11, 2008. Opinion Issued: October 10, 2008. 1. Brokers — Regulation The plain meaning of the statute exempting property owners from the New Hampshire Real Estate Practice Act is that a property owner with respect to property owned by […]

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BRODERICK’S CASE, 106 N.H. 562 (1965)

215 A.2d 705 BRODERICK’S CASE. No. 5437.Supreme Court of New Hampshire Original.Argued December 8, 1965. Decided December 30, 1965. 1. On a petition for reinstatement by an attorney who was suspended from the practice of law until further order of the Supreme Court it is the duty of the court to act with justice to […]

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BURTMAN v. BUTMAN, 97 N.H. 254 (1952)

85 A.2d 892 SAMUEL BURTMAN v. J. S. BUTMAN a. Ex’rs. No. 4080.Supreme Court of New Hampshire Strafford. Decided January 2, 1952. A beneficiary who contests a provision of a testamentary instrument will forfeit a bequest in his favor in accordance with a provision in the instrument therefor if no question of public policy is […]

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TAYLOR v. GAGNE, 121 N.H. 948 (1981)

437 A.2d 262 ELLIOTT W. TAYLOR a. v. ROBERT H. GAGNE No. 80-284Supreme Court of New Hampshire Belknap Decided November 16, 1981 1. Appeal and Error — Scope of Review — Questions of Fact On appeal from award of damages claimed inadequate in view of evidence presented, the supreme court’s standard of review is to […]

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STATE v. D’AMOUR, 150 N.H. 122 (2003)

834 A.2d 214 THE STATE OF NEW HAMPSHIRE v. MICHAEL D’AMOUR. No. 2002-603.Supreme Court of New Hampshire RockinghamArgued: July 10, 2003. Opinion Issued: October 10, 2003. 1. Search and Seizure — Warrant Requirement; Exceptions — Community Caretaking The “community caretaking” exception to the warrant requirement applies to the seizure of property when the seizure constitutes […]

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LORD v. LOCKE, 62 N.H. 566 (1883)

LORD v. LOCKE. Supreme Court of New Hampshire Merrimack. Decided June, 1883. One who is not a party to a judgment, or against whom it cannot be enforced, is not permitted to use it for his own benefit, or to the disadvantage of his adversary. The record of the proceedings before the justices on an […]

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PETITION OF LEMIEUX, 109 N.H. 258 (1968)

248 A.2d 634 PETITION OF FRANCIS T. LEMIEUX. No. 5838.Supreme Court of New Hampshire Original.Submitted November 7, 1968. Decided December 31, 1968. 1. Prosecuting authorities of this state have no duty to respond to a prisoner’s request for a speedy trial filed in accordance with the Agreement on Detainers statute (RSA ch. 606-A (supp)) unless […]

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FELCH v. WEARE, 69 N.H. 617 (1899)

45 A. 591 FELCH v. WEARE. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. A town is not liable for the neglect and failure of selectmen to perform the official duties imposed upon them by statute. CASE, to recover the value of the plaintiff’s sheep killed by dogs. The declaration alleges that the plaintiff, […]

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CASICO v. CITY OF MANCHESTER, 142 N.H. 312 (1997)

702 A.2d 302 CASICO, INC. v. CITY OF MANCHESTER No. 96-007Supreme Court of New Hampshire Hillsborough-northern judicial district Decided September 26, 1997 1. Municipal Law — Construction of Ordinances — Preemption The preemption doctrine flows from the principle that municipal legislation is invalid if it is repugnant to, or inconsistent with, State law. Municipal legislation […]

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WEBSTER v. ACADIA INS., 156 N.H. 317 (2007)

STEVEN WEBSTER a. v. ACADIA INSURANCE COMPANY. No. 2006-945.Supreme Court of New Hampshire. Rockingham.Argued: September 19, 2007. Opinion Issued: October 17, 2007. 1. Insurance — Parties; Rights and Duties — Insurer’s Duty to Settle and Defend An insurer’s obligation to defend its insured is determined by whether the cause of action against the insured alleges […]

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SULLOWAY v. ROLFE, 94 N.H. 85 (1946)

47 A.2d 109 SULLOWAY a. v. RICHARD S. ROLFE. No. 3569.Supreme Court of New Hampshire Merrimack. Decided May 7, 1946. The merit experience rating earned by a partnership under the provisions of the Unemployment Compensation Act (R. L., c. 218) does not inure to the benefit of a successor partnership, since the statute contains no […]

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STATE v. BRUNELLE, 145 N.H. 656 (2000)

766 A.2d 272 The State of New Hampshire v. Steven A. Brunelle. No. 98-571.Supreme Court of New Hampshire Strafford. Decided December 29, 2000. 1. Search and Seizure — Generally — Definitions Encounters between police officers and individuals that are purely voluntary or very brief generally do not constitute seizures. N.H. CONST. pt. I, art. 19. […]

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IN RE TAMMY S., 126 N.H. 734 (1985)

495 A.2d 1303 In re TAMMY S. No. 84-430Supreme Court of New Hampshire Laconia District Court Decided July 3, 1985 1. Domicile — Minors — Determination Use of a child’s intent to determine her residence under statute defining “residence” for purposes of statutory construction is an unworkable test, particularly where the child has exhibited a […]

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STATE v. DOYLE, 126 N.H. 153 (1985)

489 A.2d 639 THE STATE OF NEW HAMPSHIRE v. CLIFFORD DOYLE a. No. 83-224Supreme Court of New Hampshire Strafford Rockingham Decided February 22, 1985 1. Searches and Seizures — Supporting Affidavit — Misrepresentations Whether an affiant recklessly misrepresented facts in a search warrant affidavit is a question of fact for the trial court. Page 154 […]

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HAVERHILL c CO. v. COMPANY, 87 N.H. 366 (1935)

180 A. 242 HAVERHILL SHOE NOVELTY CO. v. LEADER SHOE CO. Tr’s. STEPHEN W. SCRUTON v. CONRAD E. SNOW a, Assignees. Supreme Court of New Hampshire Strafford. Decided June 27, 1935. An attempted common-law assignment for the benefit of creditors and running to three assignees of whom two are non-residents is in violation of Laws […]

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LASH v. CHESHIRE COUNTY SAVINGS BANK, 124 N.H. 435 (1984)

474 A.2d 980 ARTHUR N. LASH GLORIA LASH v. CHESHIRE COUNTY SAVINGS BANK, INC. No. 82-240Supreme Court of New Hampshire Cheshire Decided February 3, 1984 1. Fiduciaries — Fiduciary Relationship — Generally A fiduciary relationship has been defined as a comprehensive term and exists wherever influence has been acquired and abused or confidence has been […]

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CLARK v. CLARK, 76 N.H. 430 (1912)

83 A. 515 CLARK, Ap’t, v. CLARK, Adm’r. Supreme Court of New Hampshire Grafton. Decided May 7, 1912. The taking of the deposition of the adverse party by a defendant administrator is an election on his part to testify generally and renders the plaintiff a competent witness in his own behalf at the trial; and […]

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LEAVITT v. PEABODY, 62 N.H. 185 (1882)

LEAVITT v. PEABODY. Supreme Court of New Hampshire Sullivan. Decided June, 1882. In an action by the indorsee in good faith for value of an overdue promissory note, the maker cannot set off debts due to him from the payee. ASSUMPSIT, upon the defendant’s promissory note, payable to H. or order; plea, the general issue […]

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YOUNG v. BARRY, 107 N.H. 294 (1966)

220 A.2d 735 HERBERT E. YOUNG v. VIVIAN BARRY a. No. 5494.Supreme Court of New Hampshire Cheshire.Argued June 7, 1966. Decided June 30, 1966. 1. In an action to recover for electrical work performed under an oral agreement on a cost-plus basis the evidence warranted the finding that alter certain work had been performed and […]

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APPEAL OF MANCHESTER BD. OF SCHOOL COMM., 129 N.H. 151 (1987)

523 A.2d 114 APPEAL OF MANCHESTER BOARD OF SCHOOL COMMITTEE (New Hampshire Public Employee Labor Relations Board) No. 86-053Supreme Court of New Hampshire Public Employee Labor Relations Board Decided March 6, 1987 1. Public Employees — Public Employee Labor Relations Board — Interpretation of Statutes Public employee labor relations board is vested with the authority […]

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BLANCHARD v. ARLEN, 102 N.H. 210 (1959)

152 A.2d 874 RAYMOND R. BLANCHARD v. GEORGE ARLEN. No. 4735.Supreme Court of New Hampshire Cheshire.Submitted June 3, 1959. Decided July 10, 1959. 1. The defendant’s conduct in accelerating the speed of his motor vehicle to make a steep grade of the highway where only one lane had been plowed of snow and where other […]

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STATE v. CEGELIS, 138 N.H. 249 (1994)

638 A.2d 783 THE STATE OF NEW HAMPSHIRE v. CRAIG A. CEGELIS No. 92-663Supreme Court of New Hampshire Rockingham Decided March 3, 1994 1. Appeal and Error — Preservation of Questions — Particular Cases Issue surrounding adequacy of insanity defense instruction was properly preserved for appeal, where although instruction requested by defendant at Page 250 […]

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APPEAL OF MANCHESTER TRANSIT AUTH., 146 N.H. 454 (2001)

773 A.2d 640 APPEAL OF MANCHESTER TRANSIT AUTHORITY (New Hampshire Department of Employment Security) No. 98-730Supreme Court of New Hampshire Department of Employment Security Decided June 1, 2001 1. Administrative Law — Judicial Review — StatutoryProvisions City transit authority’s appeal under RSA chapter 541 was improper because judicial review of department of employment security decisions […]

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CLARK v. TARBELL, 57 N.H. 328 (1876)

CLARK v. TARBELL. Supreme Court of New Hampshire FROM HILLSBOROUGH CIRCUIT COURT. Decided August 11, 1876. Chattel mortgage — Want of affidavit and record. Although the parties to a chattel mortgage neglect to make and subscribe the affidavit required by Gen. Stats., ch. 123, sec. 6, and although the mortgage is not recorded, it is […]

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STATE v. VOORHEES, 137 N.H. 650 (1993)

632 A.2d 825 THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER VOORHEES No. 92-264Supreme Court of New Hampshire Hillsborough Decided November 4, 1993 1. Appeal and Error — Reversal — Grounds Generally Party must be able to show that a trial court’s ruling is clearly untenable or unreasonable to the prejudice of his case before it […]

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ROBERTS v. HAMPTON, 115 N.H. 346 (1975)

341 A.2d 266 IVAN ROBERTS v. TOWN OF HAMPTON No. 6945Supreme Court of New Hampshire Board of Taxation Decided June 30, 1975 1. The jurisdiction of the State board of taxation is specifically limited by statute to matters involving questions of taxation properly brought before it. 2. Sewer rents are not taxes, and the board […]

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LUCIER v. MANCHESTER, 80 N.H. 361 (1922)

117 A. 286 ALVIN J. LUCIER v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided April 4, 1922. By P. S., c. 50, s. 1 and Laws 1915, c. 249, s. 1 all the powers vested by law in towns are conferred upon the mayor and aldermen of Manchester. The finance commission of Manchester, appointed […]

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STEIR v. GIRL SCOUTS OF THE U.S.A., 150 N.H. 212 (2003)

834 A.2d 385 LINDA J. STEIR, m/n/f MARIKA STEIR v. GIRL SCOUTS OF THE U.S.A. a. No. 2003-171.Supreme Court of New Hampshire U.S. District CourtArgued: September 17, 2003. Opinion Issued: October 29, 2003. 1. Limitation of Actions — Proceedings — Statutes A minor is not relieved by the disability tolling provision of strict observance of […]

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STATE v. MAYA, 127 N.H. 684 (1986)

506 A.2d 308 THE STATE OF NEW HAMPSHIRE v. JUDY MAYA No. 84-442Supreme Court of New Hampshire Merrimack Decided February 27, 1986 1. Perjury — Elements At trial for perjury, the State bears the burden of proving the three statutory elements of the offense beyond a reasonable doubt to gain a conviction. RSA 641:1, I(a). […]

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OPINION OF THE JUSTICES, 129 N.H. 714 (1987)

532 A.2d 195 OPINION OF THE JUSTICES. No. 87-314.Supreme Court of New Hampshire Request of Governor and Council. Decided October 8, 1987. 1. Constitution — New Hampshire Constitution — Separation of Powers Separation of powers provided for in the State Constitution is not absolute, but rather permits an overlapping of powers among the branches of […]

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MONIER v. GALLEN, 120 N.H. 333 (1980)

414 A.2d 1297 ROBERT B. MONIER President of the Senate and individually, a. v. HUGH J. GALLEN, GOVERNOR No. 80-020Supreme Court of New Hampshire Merrimack Decided May 5, 1980 1. Executive Branch — Powers Exercise of Governor’s constitutional power to create agencies cannot exceed Governor’s constitutional authority or conflict with appropriate legislative mandates. 2. Statutes […]

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BIGGS v. TOWN OF SANDWICH, 124 N.H. 421 (1984)

470 A.2d 928 JOHN M. BIGGS a. v. THE TOWN OF SANDWICH a. No. 82-326Supreme Court of New Hampshire Carroll Decided January 6, 1984 1. Zoning — Appeals From Board of Adjustment — Findings of Fact All findings of a zoning board of adjustment, upon all questions of fact properly before it, are deemed to […]

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NARINS v. NARINS, 116 N.H. 200 (1976)

356 A.2d 665 JANE S. NARINS v. DAVID H. NARINS No. 6670Supreme Court of New Hampshire Strafford Decided April 30, 1976 1. The trial court could reasonably find, absent any allegation or evidence of fraud upon any court, that the support provisions of an agreement to be construed according to New York law, which was […]

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STATE v. HALL, 148 N.H. 671 (2002)

813 A.2d 501 THE STATE OF NEW HAMPSHIRE v. LUIS A. HALL No. 2001-396Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued October 16, 2002 Opinion Issued December 17, 2002 1. Criminal Law—Confessions—Interrogation Procedures Being questioned by three officers did not render defendant’s statement involuntary. There was no evidence that the officers’ questions were coercive in […]

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DISTRICT v. SELECTMEN, 63 N.H. 277 (1884)

SCHOOL-DISTRICT v. SELECTMEN. Supreme Court of New Hampshire Grafton. Decided December, 1884. The proper remedy for an assessment of a school-district tax upon persons Not taxable in the district, is an application made by them for an abatement. PETITION, entered at the law term, by school-district No. 6 in Orford, against the selectmen of Orford, […]

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STATE (HAAS COMPLAINANT) v. ROLLINS, 129 N.H. 684 (1987)

533 A.2d 331 THE STATE OF NEW HAMPSHIRE (JOSEPH S. HAAS, JR., COMPLAINANT) v. JAMES H. ROLLINS a. No. 86-393Supreme Court of New Hampshire Plymouth District Court Decided August 19, 1987 1. Criminal Law — Authority To Prosecute The common law of New Hampshire does not preclude the institution and prosecution of certain criminal complaints […]

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STARR v. GOVERNOR, 151 N.H. 608 (2004)

864 A.2d 348 DARREN STARR v. GOVERNOR, STATE OF NEW HAMPSHIRE a. No. 2004-292.Supreme Court of New Hampshire Merrimack.Submitted: September 21, 2004. Opinion Issued: December 29, 2004. 1. Interest — Recovery — Prejudgment Interest The use of the word “shall” in the statute providing that the clerk of court add interest to the amount of […]

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CENTORR-VACUUM INDUSTRIES v. LAVOIE, 135 N.H. 651 (1992)

609 A.2d 1213 CENTORR-VACUUM INDUSTRIES, INC. a. v. GERARD H. LAVOIE a. Nos. 91-455 91-489Supreme Court of New Hampshire Hillsborough Decided June 17, 1992 1. Contracts — Agreements Not To Compete — Construction Interpretation of terms of a noncompetition covenant is ultimately an issue for court to decide. 2. Contracts — Construction — Generally Parties […]

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McLOON v. COLLINS, 114 N.H. 189 (1974)

317 A.2d 559 DORIS E. McLOON v. M. JOSEPH COLLINS AND RITA P. TAYLOR No. 6563Supreme Court of New Hampshire Belknap Decided March 29, 1974 1. Location of the boundary line between adjoining lots was a question of fact for the master. 2. Evidence supported master’s finding that common boundary of lots owned by the […]

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STATE v. PLANTE, 134 N.H. 585 (1991)

594 A.2d 165 THE STATE OF NEW HAMPSHIRE v. RENEE PLANTE No. 90-306Supreme Court of New Hampshire Strafford Decided August 2, 1991 1. Searches and Seizures — Unreasonable Searches and Seizures — Without Warrant A warrantless search is per se unreasonable and invalid unless it comes within one of a few recognized exceptions to the […]

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STATE v. CASHMAN, 62 N.H. 697 (1882)

STATE v. CASHMAN. Supreme Court of New Hampshire Grafton. Decided December, 1882. INDICTMENT for embezzlement. Facts agreed. Counsel disagreeing as to the question intended to be raised, no decision was rendered, and the case was discharged. ALLEN, J., did not sit: the others concurred. A. S. Batchellor, solicitor, for the state. Drew, Jordan Carpenter, Bingham, […]

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