787 A.2d 171 OLD STREET BARN, LLC v. TOWN OF PETERBOROUGH No. 99-505Supreme Court of New Hampshire Hillsborough-northern judicial district Decided December 10, 2001 1. Zoning and Planning — Administration and Enforcement —Administrative Authorities Because plaintiff sought relief from a prior order of the zoning board of adjustment (ZBA), the ZBA had statutory jurisdiction to […]
Category: New Hampshire Court Opinions
AZZI v. AZZI, 118 N.H. 653 (1978)
392 A.2d 148 CONSTANCE AZZI v. VICTOR AZZI No. 78-084Supreme Court of New Hampshire Strafford Decided September 27, 1978 1. Divorce — Property Settlement — Master’s Evaluation of Property Master’s failure to evaluate the parties’ property item by item in his recommendation that a divorce be decreed did not constitute error in that the record […]
OPINION OF THE JUSTICES, 101 N.H. 541 (1957)
133 A.2d 790 OPINION OF THE JUSTICES. No. 4599.Supreme Court of New Hampshire Request of Governor and Council.Submitted June 19, 1957. Decided June 28, 1957. 1. The proposal for amendment to the Constitution (Pt. II, Art. 49th) by the Constitutional Convention couched in the terms “Are you in favor of permitting the Governor, while absent […]
CASSIDY v. RICHARDSON, 74 N.H. 221 (1907)
66 A. 641 CASSIDY v. RICHARDSON. Supreme Court of New Hampshire Grafton. Decided April 2, 1907. A declaration is demurrable when it is impossible to ascertain from it the nature of the action or the ground upon which it proceeds. In an action for breach of covenant for the quiet enjoyment of leased premises, the […]
STATE v. FLOOD, 159 N.H. 353 (2009)
THE STATE OF NEW HAMPSHIRE v. ELIZABETH FLOOD. No. 2009-024.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: September 23, 2009. Opinion Issued: October 30, 2009. 1. Constitutional Law — Due Process — Procedural Due Process A defendant has a due process right to a hearing before a court can impose a suspended or deferred sentence […]
BERGERON v. TRAVELERS INS. CO., 125 N.H. 107 (1984)
480 A.2d 42 BEATRICE L. BERGERON v. TRAVELERS INSURANCE COMPANY No. 84-017Supreme Court of New Hampshire Hillsborough Decided June 22, 1984 Courts — Decisions — Applicability Because the supreme court’s decision in Howard v. Dorr Woolen Company, 120 N.H. 295 (1980), clarified and construed the court’s decision in Monge v. Beebe Rubber Co., 114 N.H. […]
BARTLETT v. TOWN OF KINGSTON, 142 N.H. 702 (1998)
708 A.2d 60 WILLIAM S. BARTLETT, JR. AND LEE BARTLETT v. TOWN OF KINGSTON No. 96-416Supreme Court of New Hampshire Rockingham Decided March 26, 1998 1. Zoning and Planning — Judicial Review — Standard of Review The trial court’s decision on appeal from a zoning administrative decision is limited to a determination of whether, on […]
HILLSBOROUGH v. SUPERIOR COURT, 109 N.H. 333 (1969)
251 A.2d 325 COUNTY OF HILLSBOROUGH v. SUPERIOR COURT. No. 5914.Supreme Court of New Hampshire Original.Argued March 5, 1969. Decided March 20, 1969. 1. Prohibition is an extraordinary writ, the purpose of which is to prevent subordinate courts or other tribunals, officers or persons from usurping or exercising jurisdiction with which they are not vested. […]
STATE v. BARHAM, 126 N.H. 631 (1985)
495 A.2d 1269 THE STATE OF NEW HAMPSHIRE v. RAYMOND BARHAM No. 83-363Supreme Court of New Hampshire Carroll Decided June 19, 1985 1. Constitutional Law — Right To Represent Oneself — Generally Under both the New Hampshire and Federal Constitutions, a defendant has a right to represent himself in a criminal trial. U.S. CONST. amend. […]
STATE v. MUSUMECI, 116 N.H. 136 (1976)
355 A.2d 434 STATE OF NEW HAMPSHIRE v. JOHN MUSUMECI No. 6947Supreme Court of New Hampshire Hillsborough Decided March 31, 1976 1. Instructions on an indictment charging husband with abducting child with intent to conceal her from her mother as legal custodian furnished no guidance to jury as to effect of a finding that wife […]
IN THE MATTER OF RAYMOND S., 121 N.H. 411 (1981)
430 A.2d 182 IN THE MATTER OF RAYMOND S. No. 80-355Supreme Court of New Hampshire Belknap County Probate Court Decided May 11, 1981 1. Guardian and Ward — Status — Repeal Although a state statutory chapter dealing with guardians and conservators substantially revised the law concerning other guardianships, the legislature did not repeal or modify […]
SWAN v. BILL, 95 N.H. 158 (1948)
59 A.2d 346 VERNE C. SWAN v. EILEEN M. BILL, individually and as administratrix of the estate of John R. Monahan. No. 3721.Supreme Court of New Hampshire Municipal Court of Keene. Decided June 1, 1948. A covenant against assignment in a lease for a term of years is not binding on the lessee’s personal representatives, […]
ABELL v. COMPANY, 95 N.H. 439 (1949)
65 A.2d 870 ELLEN S. ABELL v. AMOSKEAG REALTY COMPANY. No. 3785.Supreme Court of New Hampshire Hillsborough. Decided May 3, 1949. Where the plaintiff failed to show by a preponderance of the evidence that the ice on a public sidewalk upon which she fell causing her injuries was due to an artificial accumulation occasioned by […]
WINDLE v. INTERSTATE c. SERVICE, 99 N.H. 449 (1955)
114 A.2d 670 ETHEL T. WINDLE v. INTERSTATE PASSENGER SERVICE, INC. No. 4378.Supreme Court of New Hampshire Strafford.Submitted May 4, 1955. Decided June 7, 1955. Where the amount due the plaintiff from the defendant under a contract for the sale of a common carrier franchise was litigated and determined in proceedings against the plaintiff in […]
BELLOWS v. JEWELL, 60 N.H. 420 (1880)
BELLOWS v. JEWELL. Supreme Court of New Hampshire Coos. Decided December, 1880. A deed from one in possession of land, under color of title, gives color of title to the grantee, though the deed is not recorded. A deed describing land as “lot No. 6, on the westerly side of Peabody river, to run 160 […]
HANKE v. HANKE, 123 N.H. 175 (1983)
459 A.2d 246 ERWIN HANKE, SR. v. ERWIN HANKE, JR., a. No. 82-327Supreme Court of New Hampshire Merrimack Decided March 24, 1983 1. Wills — Statutory Share — Inter Vivos Transfer The supreme court looks to the intent of the spouse in making an inter vivos transfer to determine the validity of a transfer which […]
FOWLER v. FOWLER, 97 N.H. 216 (1951)
84 A.2d 836 DANIEL E. FOWLER v. MABEL M. FOWLER. No. 4067.Supreme Court of New Hampshire Rockingham. Decided December 4, 1951. The authority of the Superior Court upon a decree of nullity to order alimony to the wife and to make an adjustment of property rights upon an equitable division is conferred by statute (R.L., […]
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 […]
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 […]
CASKET CO. v. GUNNISON, 69 N.H. 297 (1897)
45 A. 318 DORNTEE CASKET CO. v. GUNNISON. Supreme Court of New Hampshire Sullivan. Decided December, 1897. The lien of a conditional vendor, valid within the jurisdiction where the contract was made and the goods were delivered, is not invalidated by it subsequent removal of the property to this state and it failure to comply […]
LECCACORVI v. N.H. WORKERS’ COMP. COMMISSION, 135 N.H. 91 (1991)
601 A.2d 165 NINO D. LECCACORVI v. STATE OF NEW HAMPSHIRE WORKERS’ COMPENSATION COMMISSION FOR STATE EMPLOYEES No. 90-146Supreme Court of New Hampshire Strafford Decided December 6, 1991 1. Workers’ Compensation — Appeal and Review — De Novo Hearing Superior court’s de novo review of Department of Labor decisions is limited to issues raised in […]
STATE FARM AUTO. INS. CO. v. CABUZZI, 123 N.H. 451 (1983)
462 A.2d 129 STATE FARM AUTOMOBILE INSURANCE COMPANY v. JOYCE CABUZZI a. No. 82-482Supreme Court of New Hampshire Rockingham Decided June 17, 1983 1. Insurance — Automobile Policies — Uninsured Motorist Coverage Nothing in the financial-responsibility statute obligated insurer to provide uninsured motorist coverage for an accident occurring in Acapulco, Mexico, and the supreme court […]
NEWCOMB v. HAMPTON, 77 N.H. 399 (1914)
92 A. 802 SUSAN E. NEWCOMB v. HAMPTON. Supreme Court of New Hampshire Rockingham. Decided December 1, 1914. A judgment rendered upon a report of arbitrators during the term in which the decision was filed may be vacated and entered as of a subsequent term, in order that the record may conform to the stipulations […]
STEVENS v. HOOD, 70 N.H. 177 (1899)
46 A. 29 STEVENS v. HOOD, Adm’r. Supreme Court of New Hampshire Merrimack. Decided December, 1899. If the principal on a probate bond die insolvent, a creditor is under no obligation to present his claim to a commissioner upon the estate, but may look to the surety for the whole amount. PETITION, for leave to […]
BROWN v. BROWN, 70 N.H. 623 (1899)
47 A. 591 BROWN, Ex’r, v. BROWN a. Supreme Court of New Hampshire Merrimack. Decided December, 1899. BILL IN EQUITY, by the executor of the will of Lurana C. Brown, for direction in the execution of his trust. Facts agreed. After a clause disposing of the remainder of the estate in trust, the will provides […]
BLUE CROSS/BLUE SHIELD v. ST. CYR, 123 N.H. 137 (1983)
459 A.2d 226 BLUE CROSS/BLUE SHIELD OF NEW HAMPSHIRE-VERMONT v. MARC ST. CYR a. BLUE CROSS/BLUE SHIELD OF NEW HAMPSHIRE-VERMONT v. AMERICAN POLICYHOLDERS INSURANCE COMPANY No. 82-029 No. 82-379Supreme Court of New Hampshire Merrimack Decided March 24, 1983 1. Subrogation — Insurance — Generally When an insurance policy contains a valid subrogation clause, the insurer’s […]
KINGHORN v. ATHORNE, 102 N.H. 293 (1959)
155 A.2d 805 CHARLES W. KINGHORN, Ex’r, Ap’ee v. MADELINE W. ATHORNE, Ap’t. No. 4779.Supreme Court of New Hampshire Rockingham.Submitted October 7, 1959. Decided November 24, 1959. 1. Interest commences to run on an unpaid specific legacy at the expiration of one year after the testator’s death and is recoverable by the legatee although it […]
STATE v. SAMPSON, 125 N.H. 544 (1984)
484 A.2d 1104 THE STATE OF NEW HAMPSHIRE v. GARY SAMPSON No. 83-493Supreme Court of New Hampshire Merrimack Decided October 4, 1984 1. Constitutional Law — Speedy Trial — Pre-Accusation Delay The rule of State v. Hastings, 120 N.H. 454 (1980), which requires that an indictment be brought within 60 days of arrest unless the […]
NEW ENGLAND TEL. TEL. CO. v. STATE, 113 N.H. 92 (1973)
302 A.2d 814 NEW ENGLAND TELEPHONE TELEGRAPH COMPANY v. STATE OF NEW HAMPSHIRE No. 6518Supreme Court of New Hampshire Public Utilities Commission Decided March 20, 1973 1. In determining just and reasonable rates to be charged by a public utility, the public utilities commission must ensure that the public will not pay higher rates than […]
LIPSKI v. POLONSKY, 122 N.H. 528 (1982)
446 A.2d 1178 MATHEW A. LIPSKI v. ARNOLD POLONSKY No. 81-157Supreme Court of New Hampshire Hillsborough Decided June 11, 1982 1. Money Lent — Statutory Interest In an action brought by the holder of four promissory notes, payable on demand, against the maker of the notes for repayment of the loan evidenced by the notes, […]
WELCH v. FITZGERALD-HICKS DODGE, INC., 121 N.H. 358 (1981)
430 A.2d 144 GERALD F. WELCH a. v. FITZGERALD-HICKS DODGE, INC. a. No. 80-217Supreme Court of New Hampshire Rockingham Decided May 7, 1981 1. Evidence — Weight and Sufficiency — Supreme Court Review In reviewing plaintiffs’ exception to the trial court’s granting of defendants’ motions for non-suit and directed verdict, the supreme court must consider […]
TAGGART v. JAFFREY, 75 N.H. 473 (1910)
76 A. 123 TAGGART v. JAFFREY. Supreme Court of New Hampshire Cheshire. Decided April 5, 1910. Where the waters from a pond have for more than sixty years flowed in an artificial channel which was prepared for them with the intention of permanently altering the course of the stream, a landowner on such channel is […]
AUSTIN v. THOMSON, 45 N.H. 113 (1863)
E. HARRISON AUSTIN v. ROBERT THOMSON. Supreme Court of New Hampshire December 1, 1863 The plaintiff, while testifying, produced his deceased father’s rent book upon the request of the defendant’s counsel: Held that the mere inspection of the book by the defendant’s counsel did not make it evidence for the plaintiff. Entries by A., a […]
RULE 49. FEES IN SUPREME COURT (N.H. 2-21-2006)
RULE 49. FEES IN SUPREME COURT. Supreme Court of New Hampshire February 21, 2006 THE STATE OF NEW HAMPSHIRE SUPREME COURT OF NEW HAMPSHIRE ORDER Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51(7), the Supreme Court of New Hampshire approves on a temporary basis amendments to Supreme […]
STATE v. RAILROAD, 69 N.H. 35 (1896)
38 A. 736 STATE v. MANCHESTER LAWRENCE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided December, 1896. A legislative enactment, whether contained in a special act of incorporation or in the general law, that whenever the net receipts from the use of a railroad shall exceed the average of ten per cent per annum on […]
STATE v. CHARPENTIER, 126 N.H. 56 (1985)
489 A.2d 594 THE STATE OF NEW HAMPSHIRE v. MARY CHARPENTIER No. 83-107Supreme Court of New Hampshire Hillsborough Decided February 13, 1985 1. Res Judicata — Generally Res judicata requires that a final judgment on the merits in a suit absolutely bars a subsequent suit involving the same parties as to all matters which were […]
GROSS v. PORTSMOUTH, 68 N.H. 266 (1895)
33 A. 256 GROSS v. PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided June, 1895. A municipal corporation is not responsible for acts of its servants, or their negligent performance of acts, which it has no power to authorize. CASE. To the plaintiff’s declaration, — setting forth that the defendants, a municipal corporation, are the […]
STATE v. TAYLOR, 132 N.H. 314 (1989)
566 A.2d 172 THE STATE OF NEW HAMPSHIRE v. DANIEL TAYLOR No. 88-184Supreme Court of New Hampshire Merrimack Decided November 13, 1989 1. Motor Vehicles — Operation Under the Influence — Elements In order to convict a person charged with “driving while under the influence of intoxicating liquor,” the State need not prove that the […]
WINN v. THOMAS, 55 N.H. 294 (1875)
WINN v. THOMAS. Supreme Court of New Hampshire Hillsborough. Decided March 13, 1875. A note given by a debtor to induce his creditor to sign a composition deed, without the knowledge of the other creditors who are parties to the deed, is illegal and void, and it will make no difference if the note is […]
ROSS v. THE HOME INS. CO., 146 N.H. 468 (2001)
773 A.2d 654 CLIFFORD J. ROSS D/B/A ROSS LAW OFFICE v. THE HOME INSURANCE COMPANY No. 98-200Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided June 6, 2001 1. Insurance — Kinds — Professional Liability Insurance In determining the coverage of a professional liability insurance policy, courts must examine the nature of the act performed, […]
PETITION OF MOEBUS, 73 N.H. 350 (1905)
62 A. 170 PETITION OF HENRY E. MOEBUS. Supreme Court of New Hampshire Decided October 3, 1905. An escaped convict is not entitled to a trial after recapture, except upon the issue of his identity; and his refusal to litigate this question when opportunity is afforded him is an admission that he is the person […]
MERRILL v. MANCHESTER, 114 N.H. 722 (1974)
332 A.2d 378 RITA V. MERRILL v. CITY OF MANCHESTER ALBERT F. MERRILL v. SAME ALICE E. ELHADY v. SAME No. 6281Supreme Court of New Hampshire Hillsborough Decided November 29, 1974 1. The doctrine of municipal immunity for torts was created by the judiciary. 2. The prevailing rule of torts is that where there is […]
GENERAL MILLS v. CORPORATION, 95 N.H. 395 (1949)
64 A.2d 313 GENERAL MILLS, INC. v. EQUITABLE CREDIT CORPORATION a. No. 3773.Supreme Court of New Hampshire Hillsborough. Decided March 1, 1949. The burden of establishing that certain original chattel mortgages held by the defendant by assignment were discharged by a later and defectively executed mortgage to the defendant of the same and other chattels […]
GRINNELL v. STATE, 121 N.H. 823 (1981)
435 A.2d 523 GEORGE H. GRINNELL v. THE STATE OF NEW HAMPSHIRE No. 81-135Supreme Court of New Hampshire Rockingham Decided September 28, 1981 1. Declaratory Judgments — Availability of Remedy — Actions of State Statute providing for petition for declaratory judgment has long been construed to permit challenges to the constitutionality of actions by government […]
WHEATON-DUNBERGER v. DUNBERGER, 137 N.H. 504 (1993)
629 A.2d 812 CHRISTINE G. WHEATON-DUNBERGER v. ULF B. DUNBERGER No. 92-200Supreme Court of New Hampshire Rockingham Decided August 5, 1993 1. Divorce — Child Support — Review A master’s determination of an appropriate award of child support will not be set aside absent an abuse of discretion. 2. Divorce — Child Support — Guidelines […]
OPINION OF THE JUSTICES, 103 N.H. 268 (1961)
169 A.2d 762 OPINION OF THE JUSTICES. No. 4931.Supreme Court of New Hampshire Request of House of Representatives.Submitted April 3, 1961. Answer returned April 19, 1961. 1. While the purpose as declared in the preamble of pending legislation is not determinative of its constitutionality it is nevertheless entitled to weight in determining whether the proposed […]
LAVOIE v. BURKE, 69 N.H. 144 (1897)
38 A. 723 LAVOIE v. BURKE. ROWE a. v. SAME. Supreme Court of New Hampshire Rockingham. Decided June, 1897. Under P. S., c. 141, s. 11, by which one who performs labor or furnishes materials for making brick, through a contract with the owner thereof, is given a lien “upon the kiln containing such brick,” […]
DRAKE v. TRUE, 72 N.H. 322 (1903)
56 A. 749 DRAKE, Adm’r, v. TRUE a. Supreme Court of New Hampshire Rockingham. Decided December 1, 1903. Where a moiety of corporate stock specifically bequeathed is subsequently sold by the testator, the persons named as equal legatees thereof are entitled to share equally in the stock which is found to be a part of […]
O’BRIEN v. DERRY, 73 N.H. 198 (1905)
60 A. 843 O’BRIEN v. DERRY. Supreme Court of New Hampshire Rockingham. Decided March 7, 1905. The employment of a highway laborer by town officers does not create between him and the town the common-law relation of master and servant which ordinarily arises from a contract of hiring. In repairing its highways a town is […]
HODGMAN v. CONCORD, 69 N.H. 349 (1898)
41 A. 287 HODGMAN v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided June, 1898. Where injury is occasioned to an adjoining estate by a change of the grade of a highway, the owner’s right of action is complete when such change is made, and is not affected by his conveyance of the premises prior […]
BIRCH BROADCASTING v. CAPITOL BROADCASTING, 161 N.H. 192 (2010)
13 A.3d 224 BIRCH BROADCASTING, INC. a. v. CAPITOL BROADCASTING CORPORATION, INC. a. No. 2009-919.Supreme Court of New Hampshire. Merrimack.Argued: October 14, 2010. Opinion Issued: November 24, 2010. 1. Contracts — Construction — Plain Meaning Rule When interpreting a written agreement, a court gives the language used by the parties its reasonable meaning, considering the […]
RICHARDSON v. COMPANY, 77 N.H. 187 (1914)
90 A. 174 SAMUEL E. RICHARDSON, Adm’r, v. CONNECTICUT VALLEY LUMBER CO. Supreme Court of New Hampshire Coos. Decided February 3, 1914. A servant cannot recover for injuries resulting from his attempt to thaw dynamite before an open fire, when the testimony of his witnesses discloses that he was warned by his immediate superior to […]
OPINION OF THE JUSTICES, 88 N.H. 497 (1937)
190 A. 713 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided March 2, 1937. A bill establishing a milk control board whereby they are empowered to “regulate and control the production, distribution and sale of milk” is unconstitutional as an unrestricted delegation of legislative power; and so of a provision authorizing them to […]
STEVENS v. STEVENS, 71 N.H. 579 (1902)
53 A. 1020 STEVENS, Ap’t, v. STEVENS. Supreme Court of New Hampshire Merrimack. Decided December 4, 1902. A probate appeal, setting forth the rejection and disallowance of the report of a committee appointed to set off dower and homestead, does not state a reason of appeal, within the meaning of section 2, chapter 200, of […]
TULLGREN v. COMPANY, 82 N.H. 268 (1926)
133 A. 4 EDWIN TULLGREN, Adm’r, v. AMOSKEAG MANUFACTURING COMPANY. EDWIN TULLGREN v. SAME. Supreme Court of New Hampshire Hillsborough. Decided March 2, 1926. The fact that a corporation made a practice of carrying home employees taken sick while at work creates no duty to render such service in the absence of an agreement making […]
IN RE ESTATE OF SHAREK, 156 N.H. 28 (2007)
IN RE ESTATE OF ROBERT LAWRENCE SHAREK. No. 2006-441.Supreme Court of New Hampshire. Hillsborough County Probate Court.Argued: March 15, 2007. Opinion Issued: August 22, 2007. 1. Wills — Revocation — Statutory Basis Where the question arose as to whether the trial court’s decision to revoke former wife’s interest under the decedent’s will might be considered […]
STATE v. HAAS, 134 N.H. 480 (1991)
596 A.2d 127 THE STATE OF NEW HAMPSHIRE v. JOSEPH S. HAAS, JR. No. 90-206Supreme Court of New Hampshire Grafton Decided July 26, 1991 1. Trial — Instructions — Discretion of Court Whether a requested instruction will be given is a decision to be made by the trial court in the sound exercise of its […]
STATE v. NICKERSON, 147 N.H. 12 (2001)
780 A.2d 1257 THE STATE OF NEW HAMPSHIRE v. DALE NICKERSON No. 99-623Supreme Court of New Hampshire Lancaster District Court Decided September 25, 2001 1. Physicians and Surgeons — Generally — Physician/PatientRelationship Statutory exception to the physician-patient privilege allowing the release of blood samples and the results of laboratory tests for blood alcohol content taken […]
CHASE v. JEFTS, 58 N.H. 280 (1878)
CHASE v. JEFTS. Supreme Court of New Hampshire Sullivan. Decided March, 1878. The question, whether the lands of adjoining owners are under improvement, is one of mixed law and fact, to be determined by the jury under proper instructions. Instructions, that, if the lands of adjoining owners are used or employed to good purpose, or […]
STATE v. PLACE, 133 N.H. 700 (1990)
582 A.2d 616 THE STATE OF NEW HAMPSHIRE v. HARRY PLACE No. 89-398Supreme Court of New Hampshire Merrimack Decided November 15, 1990 1. Statutes — Construction and Application — Plain Meaning Legislature has mandated that words in statute pertaining to illegal night hunting be construed according to their common and approved usage. RSA 21:2, 208:8. […]
STATE v. DANDURANT, 132 N.H. 617 (1989)
567 A.2d 592 THE STATE OF NEW HAMPSHIRE v. ALICIA DANDURANT No. 89-129Supreme Court of New Hampshire Hillsborough Decided December 29, 1989 1. Constitutional Law — Miranda Warning — Juveniles Basic purposes of the simplified version of the Miranda warnings for juveniles, set forth in State v. Benoit, 126 N.H. 6 (1985), are (1) to […]
COLSTON v. RAILROAD, 78 N.H. 284 (1916)
99 A. 649 HATTIE A. COLSTON v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided November 8, 1916. Lack of ordinary care by a railroad, whereby injury is caused to a known trespasser upon its right of way after the statutory notice, does not, as matter of law, constitute “willful or gross negligence” […]
THAYER v. PADELFORD, 69 N.H. 301 (1897)
41 A. 447 THAYER v. PADELFORD. Supreme Court of New Hampshire Coos. Decided December, 1897. An action of assumpsit against a non-resident defendant may be brought in the county of which the plaintiff is an inhabitant, although real estate situate in another county has been attached therein to preserve a mechanic’s lien. ASSUMPSIT, for materials […]
DEVOID v. ANDERSON, 108 N.H. 89 (1967)
227 A.2d 777 SHERRY DEVOID d/b/a STAR GRANITE COMPANY v. GEORGE P. ANDERSON a. No. 5575.Supreme Court of New Hampshire Merrimack.Argued January 6, 1967. Decided March 29, 1967. 1. Counsel fees are not recoverable from the adverse party to a cause in the absence of statutory authorization, agreement between the parties, or under some established […]
COLLINS v. CITY OF MANCHESTER, 143 N.H. 708 (1999)
742 A.2d 100 KEVIN COLLINS a. v. CITY OF MANCHESTER No. 97-393Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 2, 1999 1. Public Employees — Practice and Procedure — Jurisdiction Public employee labor relations board has jurisdiction over public employment disputes only when employee is a member of a bargaining unit, and alleged […]
CORSON v. BROWN PRODUCTS, INC., 120 N.H. 665 (1980)
421 A.2d 1005 FREEMAN CORSON v. BROWN PRODUCTS, INC. No. 79-243Supreme Court of New Hampshire Hillsborough Decided October 2, 1980 1. Workmen’s Compensation — Attorney’s Fees — Contingent Fee Agreement Where total attorney’s fees in earlier stage of workmen’s compensation case dealing with causation issue were approximately $70,000, and recovery of medical benefits resulted from […]
BRACKETT v. McINTIRE, 72 N.H. 67 (1903)
54 A. 705 BRACKETT a. v. McINTIRE a. Supreme Court of New Hampshire Carroll. Decided March 3, 1903. A vote of a town “to rescind all action taken by the selectmen relating to a proposed new road” operates as a discontinuance of the highway laid out by them. PETITION, for a writ of mandamus against […]
STATE v. BADER, 148 N.H. 265 (2002)
808 A.2d 12 THE STATE OF NEW HAMPSHIRE v. SETH BADER No. 98-472Supreme Court of New Hampshire RockinghamArgued February 6, 2002 Opinion Issued September 13, 2002 1. Judges—Disqualification—Generally The Code of Judicial Conduct requires disqualification of a judge in a proceeding in which the judge’s impartiality might reasonably be questioned to avoid even the appearance […]
OPINION OF THE JUSTICES, 123 N.H. 349 (1983)
461 A.2d 132 OPINION OF THE JUSTICES No. 83-203Supreme Court of New Hampshire Request of the Senate Decided June 6, 1983 1. Constitutional Law — New Hampshire Constitution — Taxation Provisions The taxation of franchises is expressly authorized by the State Constitution. N.H. CONST. pt. 2, art. 6. 2. Taxation — Franchise Taxes — Taxable […]
IN RE ESTATE OF KING, 151 N.H. 425 (2004)
857 A.2d 1257 IN RE ESTATE OF J. DOUGLAS KING. No. 2003-829.Supreme Court of New Hampshire Hillsborough County Probate Court.Argued: July 14, 2004. Opinion Issued: September 9, 2004. 1. Wills — Revocation — Lost Wills The probate court did not wrongfully apply a presumption of revocation where its order acknowledged that “the presumption of revocation […]
BROWN v. BARTLETT, 58 N.H. 511 (1879)
BROWN v. BARTLETT a. Supreme Court of New Hampshire Rockingham. Decided March, 1879. The interpretation of a will is the ascertainment of the testator’s intention; and the question of intention is ordinarily determined as a question of fact, by the natural weight of competent evidence, and not by artificial rules of interpretation. BILL IN EQUITY, […]
STATE v. KNOWLES, 131 N.H. 274 (1988)
553 A.2d 274 THE STATE OF NEW HAMPSHIRE v. WILLIAM KNOWLES, III No. 87-125Supreme Court of New Hampshire Hillsborough Decided December 28, 1988 1. Continuance — Discretion of Court The decision whether to continue a case rests within the trial court’s sound discretion, and its determination will not be reversed absent evidence of abuse. 2. […]
FINLAY COMMERCIAL REAL ESTATE v. PAINO, 133 N.H. 4 (1990)
573 A.2d 125 FINLAY COMMERCIAL REAL ESTATE, INC. v. JOHN F. PAINO a. No. 88-450Supreme Court of New Hampshire Hillsborough Decided April 11, 1990 1. Statutes — Construction and Application — Purpose Statute regulating real estate sales and brokerage practices was enacted to protect the public against fraud and incompetence at the hands of unscrupulous […]
STATE v. SULLIVAN, 130 N.H. 64 (1987)
534 A.2d 384 THE STATE OF NEW HAMPSHIRE v. BRIAN SULLIVAN No. 86-442Supreme Court of New Hampshire Hillsborough Decided November 5, 1987 1. Constitutional Law — Self-Incrimination — Miranda Warning The fifth amendment guarantees the defendant a right against compelled self-incrimination; this right is protected by the Miranda warnings. 2. Constitutional Law — Miranda Warning […]
TARBELL v. LEARY, 75 N.H. 595 (1909)
74 A. 249 TARBELL a., Trustees, v. LEARY a. Supreme Court of New Hampshire Hillsborough. Decided October 5, 1909. PETITION, for advice as to the execution of the will of Luther A. Tarbell. Transferred from the January term, 1909, of the superior court by Wallace, C.J. The testator executed his will September 7, 1892, and […]
IN RE CHAMBERLIN, 155 N.H. 13 (2007)
IN THE MATTER OF ELIZABETH A. CHAMBERLIN AND WILLIAM L. CHAMBERLIN. No. 2005-808.Supreme Court of New Hampshire Newport Family Division.Submitted: November 8, 2006. Opinion Issued: February 21, 2007. 1. Divorce — Division of Property — Review A two-step analysis is adopted under which the trial court first determines, as a matter of law, what assets […]
WILLEY v. PORTSMOUTH, 64 N.H. 214 (1886)
9 A. 220 WILLEY v. PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided December, 1886. An exception to the admissibility of evidence on one point does not ordinarily raise the question of nonsuit for want of evidence on another. CASE, for obstructing and digging up the plaintiff’s way by excavating and carrying away gravel. The […]
IN RE MERRIMACK COUNTY, 156 N.H. 35 (2007)
APPEAL OF MERRIMACK COUNTY (New Hampshire Public Employee Labor Relations Board). No. 2006-525.Supreme Court of New Hampshire. Public Employee Labor Relations Board.Argued: April 19, 2007. Opinion Issued: August 23, 2007. 1. Labor — Practice and Procedure — Review of Arbitration Awards A judicial challenge to arbitral authority requires the reviewing court to consider both the […]
GLEASON v. INSURANCE CO., 73 N.H. 583 (1906)
64 A. 187 GLEASON v. CANTERBURY MUTUAL FIRE INSURANCE CO. Supreme Court of New Hampshire Merrimack. Decided June 5, 1906. Where an insurance policy stipulates that any special provisions which require mention shall be written or printed and attached thereto, the policy is the only evidence of the insurance contract; and by-laws of the company […]
MURRAY v. WHITCOMB, 58 N.H. 50 (1876)
MURRAY v. WHITCOMB a. Supreme Court of New Hampshire Grafton. Decided December, 1876. When a promissory note is given for the purchase-money of lands secured by mortgage, a bill in equity, to foreclose the mortgage, is an action within s. 11, c. 201, Gen. St. And if the vendor, by mistake or, design, omit to […]
AMERICAN MUT. c INS. CO. v. COMPANY, 87 N.H. 374 (1935)
180 A. 249 AMERICAN MUTUAL LIABILITY INSURANCE COMPANY v. OCEAN ACCIDENT GUARANTEE CORPORATION, L’T’D. Supreme Court of New Hampshire Hillsborough. Decided June 27, 1935. The act of 1927, c. 54 does not compel the owner of an automobile to carry liability insurance; but the purpose of the act is simply to induce motor-vehicle operators to […]
IN THE MATTER OF BREAULT BREAULT, 149 N.H. 359 (2003)
821 A.2d 1118 IN THE MATTER OF ARTHUR J. BREAULT AND DENISE M. BREAULT No. 2002-370Supreme Court of New Hampshire GraftonSubmitted March 7, 2003 Opinion Issued April 22, 2003 1. Divorce — Child Support — Education Costs Pursuant to the statute on the duration of child support, support terminates as a matter of law upon […]
BARLOW v. VERRILL, 88 N.H. 25 (1936)
183 A. 857 MORRILL BARLOW v. HAROLD E. VERRILL a. Supreme Court of New Hampshire Hillsborough. Decided March 3, 1936. Hearsay testimony when admitted without objection is to be considered by the trier and given its logical probative effect. Certain evidence warranted the conclusions that the operator of a car was negligent in leaving it […]
CLAY v. SHIRLEY, 65 N.H. 644 (1874)
23 A. 521 CLAY v. SHIRLEY. Supreme Court of New Hampshire Hillsborough. Decided June, 1874. A minor child, deserted by his father and emancipated by his mother, is entitled to his own earnings. There is no legal presumption of emancipation. Such condition is a question of fact. It may be implied from circumstances, and inferred […]
BOOTH v. RAILWAY, 73 N.H. 529 (1906)
63 A. 578 BOOTH v. MANCHESTER STREET RAILWAY. Supreme Court of New Hampshire Hillsborough. Decided April 3, 1906. The various legislative enactments modifying the common-law status of married women do not deprive the husband of his right to the wife’s services as a member of his household, when the ordinary domestic relations exist between them. […]
McCAFFREY v. KENNETT, 73 N.H. 189 (1905)
60 A. 96 McCAFFREY a. v. KENNETT, Adm’r. Supreme Court of New Hampshire Carroll. Decided February 7, 1905. In an action against an administrator for the recovery of a debt due from the intestate, the defendant cannot set off his personal claim against the plaintiff’s demand. ASSUMPSIT. Facts agreed, and case transferred from the June […]
APPEAL OF STATE, 147 N.H. 106 (2001)
784 A.2d 695 APPEAL OF THE STATE OF NEW HAMPSHIRE (New Hampshire Public Employee Labor Relations Board) No. 99-644Supreme Court of New Hampshire Public Employee Labor Relations Board Decided October 29, 2001 1. Labor — Labor Unions — Collective Bargaining Agreements Absent a grievance process in a collective bargaining agreement (CBA), of which the last […]
APPEAL OF HOOKSETT SCHOOL DIST., 126 N.H. 202 (1985)
489 A.2d 146 APPEAL OF HOOKSETT SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board) No. 84-175Supreme Court of New Hampshire Public Employee Labor Relations Board Decided March 1, 1985 1. Public Employees — Public Employee Labor Relations Board — Authority The public employee labor relations board has authority in the first instance to define […]
IN RE ESTATE OF CLANCY, 119 N.H. 42 (1979)
397 A.2d 303 In re ESTATE OF SADIE L. CLANCY No. 78-228Supreme Court of New Hampshire Hillsborough County Probate Court Decided January 31, 1979 Taxation — Succession Tax — Exemption Where testatrix bequeathed her entire estate to her sister, estate was not exempt from succession tax since statute specified that exemption only applies on property […]
URIE v. FRANCONIA PAPER CO., 107 N.H. 131 (1966)
218 A.2d 360 H. THOMAS URIE a. v. FRANCONIA PAPER CORPORATION. No. 5436.Supreme Court of New Hampshire Belknap.Argued January 5, 1966. Decided March 30, 1966. 1. A nuisance may simultaneously be a public and a private nuisance. 2. The legislative classification of the waters of the Pemigewasset River (RSA 149:6) and the provision that no […]
CARROLL v. GIDDINGS, 58 N.H. 333 (1878)
CARROLL v. GIDDINGS. Supreme Court of New Hampshire Merrimack. Decided June, 1878. A contractor may maintain general assumpsit for services rendered in part execution of the contract when he has been discharged by the other party, without right, before the completion of the work. ASSUMPSIT, on a quantum meruit, for services rendered in part performance […]
TOCCI’S CASE, 140 N.H. 68 (1995)
663 A.2d 88 TOCCI’S CASE No. LD-93-019Supreme Court of New Hampshire Original Decided August 1, 1995 1. Attorneys — Practice of Law — Lay Representation RSA 311:1 did not authorize suspended attorney to circumvent order of court suspending him from practice of law; statute was designed to allow non-lawyer to Page 69 appear in individual […]
RAILROAD v. STATE, 63 N.H. 571 (1885)
4 A. 571 BOSTON MAINE RAILROAD v. STATE. Supreme Court of New Hampshire Merrimack. Decided December, 1885. A tax-payer who has paid more than his share of public expense may be entitled to interest on the excess abated by such an order, as justice requires. APPEAL from the assessment of the plaintiffs’ tax of 1884. […]
STATE v. CHARETTE, 98 N.H. 477 (1954)
103 A.2d 192 STATE v. VERNON CHARETTE. No. 4280.Supreme Court of New Hampshire Grafton.Argued February 3, 1954. Decided February 18, 1954. The breaking and entering in the nighttime of a cabin with the intent to commit larceny at a nearby restaurant, which was an integral part of the commercial establishment, was burglary of a dwelling-house […]
KNAPP v. TENNESSEE GAS PIPELINE CO., 149 N.H. 740 (2003)
829 A.2d 1052 RICHARD KNAPP a. v. TENNESSEE GAS PIPELINE CO. a. No. 2002-637Supreme Court of New Hampshire CoosArgued June 12, 2003 Opinion Issued August 1, 2003 1. Workers’ Compensation — Actions By or Against ThirdParties — Reimbursement Trial court properly ruled that a workers’ compensation insurance carrier had to pay for its share of […]
VAILLANCOURT v. CONCORD GEN. MUT. INS. CO., 117 N.H. 48 (1977)
369 A.2d 208 JEAN R. VAILLANCOURT WENDY VAILLANCOURT v. CONCORD GENERAL MUTUAL INSURANCE COMPANY No. 7512Supreme Court of New Hampshire Hillsborough Decided January 31, 1977 1. Insurance — Definitions — Snowmobile A snowmobile was an “automobile” not covered under the insured’s liability insurance policy that by definition excluded from coverage as an “automobile” any equipment […]
RAILROAD v. THE STATE, 60 N.H. 133 (1880)
ATLANTIC ST. LAWRENCE RAILROAD CO. v. THE STATE. Supreme Court of New Hampshire Coos. Decided June, 1880. A railroad, leased for 999 years, may be taxed either to the lessor or to the lessee. The rent which the lessee promised to pay is evidence of the market value of the road at the date of […]
TOWN OF NORTH HAMPTON v. SANDERSON, 131 N.H. 614 (1989)
557 A.2d 643 TOWN OF NORTH HAMPTON v. JARIB M. SANDERSON, JR. No. 88-085Supreme Court of New Hampshire Rockingham Decided May 3, 1989 1. Municipal Corporations — Excavation Operations — Authority of Selectmen Trial court properly ruled that board of selectmen did not have the authority to enter into a settlement agreement which would validly […]
SANBORN v. RANDALL, 62 N.H. 620 (1883)
SANBORN v. RANDALL. Supreme Court of New Hampshire Sullivan. Decided June, 1883. One of several owners in common may maintain an action on a lease for all the rent when it is payable to him, and the lease is signed by no other owner. But if the right of one of the other owners to […]
HARDY v. BANK, 61 N.H. 34 (1881)
HARDY, Guardian, v. CITIZENS’ NATIONAL BANK OF KEENE. Supreme Court of New Hampshire Cheshire. Decided June, 1881. A guardian has no authority to bind his ward, either by note or by a pledge of the property of the ward. One taking in pledge, from a guardian, a note payable to the order of the guardian […]