Category: New Hampshire Court Opinions

461 A.2d 105 JOSEPH F. PHELAN v. L. M. L. CORP. No. 82-430Supreme Court of New Hampshire Claremont District Court Decided May 6, 1983 Appeal and Error — Transcript — Absence Where the issue before the supreme court on appeal from an award in a small claims action, as to when the tenant relinquished possession […]

69 A.2d 865 BERNARD P. EMERY v. WILLIAM L. WOODWARD a. No. 3868.Supreme Court of New Hampshire Belknap. Decided December 6, 1949. While the testimony of a witness concerning what he overheard of conversation between the plaintiff real estate broker and the purchaser in the absence of the seller, having a tendency to show that […]

366 A.2d 493 JACOB CIBOROWSKI v. RICHARD ROBINSON RICHARD ROBINSON, d.b.a. ROBINSON CONSTRUCTION CO. v. JACOB CIBOROWSKI No. 7486Supreme Court of New Hampshire Rockingham Decided November 30, 1976 1. Evidence supported the trial court’s finding that the defendant quit the premises in October 1973; accordingly the finding must stand. 2. By allowing the defendant to […]

428 A.2d 894 COMMERCIAL UNION ASSURANCE COMPANIES v. MONADNOCK REGIONAL SCHOOL DISTRICT a. No. 80-427Supreme Court of New Hampshire Cheshire Decided April 3, 1981 1. Insurance — Notice of Claim — “As Soon as Practicable” Whether there has been a substantial breach of insurance policy provisions requiring notice to be given “as soon as practicable” […]

202 A.2d 232 TOWN OF DEERING, ex rel WILLIAM B. BITTENBENDER v. EARL TIBBETTS. No. 5242.Supreme Court of New Hampshire Hillsborough.Argued June 3, 1964. Decided July 17, 1964. 1. A municipal ordinance prohibiting the erection of any building or trailer within one-fourth mile of the town common unless the selectmen approve the plans for construction […]

767 A.2d 421 THE STATE OF NEW HAMPSHIRE v. CARL CARLSON. No. 99-008.Supreme Court of New Hampshire Strafford. Decided February 15, 2001. 1. Evidence — Particular Matters — Opening the Door Doctrine Sexual assault defendant opened the door to evidence of a prior sexual encounter with a different underage female since, in context of totality […]

629 A.2d 782 IN RE SABRINA C. No. 91-569Supreme Court of New Hampshire Merrimack County Probate Court Decided July 23, 1993 1. Parent and Child — Termination of Parental Rights — Abandonment Statute providing grounds for termination of parental rights creates a rebuttable presumption that a parent intends to abandon the child if the parent […]

286 A.2d 242 NEW HAMPSHIRE-VERMONT HOSPITALIZATION SERVICE v. JOHN A. DURKIN, INSURANCE COMMISSIONER. NEW HAMPSHIRE-VERMONT PHYSICIAN SERVICE v. SAME. No. 6365. No. 6366.Supreme Court of New Hampshire Original. Decided January 20, 1972. Upton, Sanders Upton (Mr. Richard F. Upton orally) for the plaintiff New Hampshire-Vermont Hospitalization Service. Sulloway, Hollis, Godfrey Soden (Mr. James B. Godfrey […]

298 A.2d 747 ERIK WUELPER a. v. UNIVERSITY OF NEW HAMPSHIRE. No. 6345.Supreme Court of New Hampshire Strafford. Decided December 29, 1972. 1. An adverse claim presented in a petition for declaratory judgment must be based on actual facts and must involve definite and concrete legal relations of parties having adverse interests. 2. A declaratory […]

42 A.2d 735 ROBERT MARTINEAU, Adm’r v. ERNEST WALDMAN. No. 3534.Supreme Court of New Hampshire Hillsborough. Decided June 5, 1945. A question of law once decided is not reconsidered in the same case except upon a motion for rehearing. The phrase “expenses of recovery” in R. L., c. 355, s. 14, providing for distribution of […]

375 A.2d 1159 HENRY P. JANSON v. ALLAN A. SCHIER a. No. 7472Supreme Court of New Hampshire Rockingham Decided July 11, 1977 1. Homestead — Exemption Upon death of judgment debtor, his wife became entitled to his homestead exemption for life. RSA 480:3-a. Page 571 2. Property — Improvements — Reimbursement Where judgment debtor conveyed […]

20 A.3d 284 LINDA PESATURO v. ROBBIN KINNE. No. 2010-127.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Submitted: January 6, 2011. Opinion Issued: February 25, 2011. 1. Nuisance — Generally — Basis of Liability It is the common law rule that a landowner is under no affirmative duty to remedy conditions of purely natural origin on […]

225 A.2d 383 GLADYS M. ARCHIE a. v. CLIFFORD I. BLAIR. No. 5546.Supreme Court of New Hampshire Hillsborough.Argued November 2, 1966. Decided December 20, 1966. 1. In an action for damages sustained as the result of plaintiff’s vehicle being struck by defendant’s vehicle where a crucial issue before the jury was whether the defendant, who […]

306 A.2d 760 SEPPALA AHO CONSTRUCTION CO., INC. v. CITY OF NASHUA a. No. 6635Supreme Court of New Hampshire Hillsborough Decided June 29, 1973 1. RSA ch. 280 imposes a duty on authorized officials of a city to obtain from labor commissioner a schedule of minimum wage rates for incorporation in the advertisement for bids […]

887 A.2d 135 THE STATE OF NEW HAMPSHIRE v. FRANK SIMONE. No. 2004-279.Supreme Court of New Hampshire Hillsborough-Southern Judicial District.Argued: September 29, 2005. Opinion Issued: November 30, 2005. 1. Offenses — Particular Crimes — Stalking Evidence demonstrating that defendant obsessively called and sent packages to the victim for several years even though she, the police, […]

766 A.2d 725 EVELYN SIRRELL a. v. STATE OF NEW HAMPSHIRE a. No. 2001-063Supreme Court of New Hampshire Rockingham Decided May 3, 2001 1. Taxation — Constitutional Requirements and Restrictions— Particular Statutes Statewide property tax law, like any legislative act, is presumed constitutional and will not be declared invalid except upon “unescapable grounds”. RSA 76:3. […]

500 A.2d 695 V V CORPORATION a. v. AMERICAN POLICYHOLDERS’ INSURANCE CO. No. 84-447Supreme Court of New Hampshire Hillsborough Decided October 30, 1985 1. Constitutional Law — Full Faith and Credit Generally, a judgment rendered in this country by a court of competent jurisdiction is entitled under the United States Constitution to full faith and […]

85 A.2d 371 IN RE ALBERT T. MUNDY a. No. 4059.Supreme Court of New Hampshire Rockingham. Decided January 2, 1952. Proceedings under the sexual psychopath act (Laws 1949, c. 314) are civil in nature and offend no provision of criminal due process. Members of the sexual psychopath examining board as provided by Laws 1949, c. […]

321 A.2d 108 STATE OF NEW HAMPSHIRE v. RONALD G. FLEURY No. 6733Supreme Court of New Hampshire Belknap Decided May 31, 1974 1. Motion to dismiss indictments on ground grand jurors were improperly selected was properly denied where record warranted conclusions that process of selecting jury panel did not depart materially or substantially from requirements […]

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 […]

451 A.2d 1295 TOWN OF MILFORD v. AVERY JOHNSON No. 81-292Supreme Court of New Hampshire Hillsborough Decided October 14, 1982 1. Costs — Attorney Fees — Scope of Review Scope of review by the supreme court of trial court’s awarding attorney’s fees is limited. 2. Costs — Attorney Fees — Particular Fees Where property owner […]

393 A.2d 555 KATHERINE T. KANE v. NEW HAMPSHIRE STATE LIQUOR COMMISSION No. 78-036Supreme Court of New Hampshire Cheshire Decided October 30, 1978 1. Contracts — Implied Contacts — Implied-in-Fact Existence of an implied-in-fact contract is a question of fact. 2. Contracts — Implied Contracts — Implied-in-Fact In action for contractual indemnity in which landlord […]

49 A.2d 511 BELLOWS FALLS HYDRO-ELECTRIC CORPORATION NEW ENGLAND POWER COMPANY CONNECTICUT RIVER POWER COMPANY v. STATE. No. 3615.Supreme Court of New Hampshire Public Service Commission. Decided November 6, 1946. The Public Service Commission is not empowered under the provisions of R. L., c. 289 to grant permission to a foreign utility doing or desiring […]

10 A.2d 227 LAWRENCE SCHOFIELD v. E. R. BATES COMPANY. No. 3129.Supreme Court of New Hampshire Hillsborough. Decided December 5, 1939. A workman who during his minority accepts compensation under the act, does not thereby make it binding election to pursue the statutory remedy to the exclusion of his common-law rights, but his subsequent acceptance […]

634 A.2d 1351 PETER D. HANSEL a. v. CITY OF KEENE No. 93-278Supreme Court of New Hampshire Cheshire Decided December 21, 1993 1. Appeal and Error — Standards of Review — Generally Function of appellate review is to determine whether a reasonable person could find as did the trial judge. 2. Estoppel — Equitable Estoppel […]

593 A.2d 1145 GABRIEL COHEN v. TOWN OF HENNIKER No. 90-335Supreme Court of New Hampshire Merrimack Decided July 8, 1991 1. Zoning — Subdivision Ordinances — Review The decision of the superior court will be upheld unless the decision is not supported by the evidence or is clearly erroneous. 2. Constitutional Law — Property — […]

839 A.2d 837 IN RE GRAND JURY SUBPOENA FOR MEDICAL RECORDS OF CURTIS PAYNE. IN RE GRAND JURY SUBPOENA FOR MEDICAL RECORDS OF SCOTT CARTA. THE STATE OF NEW HAMPSHIRE v. GREGORY BARKA. Nos. 2002-384, No. 2002-390, No. 2002-643.Supreme Court of New Hampshire Hillsborough-southern Judicial DistrictArgued: July 16, 2003. Opinion Issued: January 6, 2004. 1. […]

765 A.2d 1043 ALACRON, INC. v. WILLIAM SWANSON a. No. 98-442.Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided December 28, 2000 1. Dismissal — Practice and Procedure — Generally Plaintiff need only make a prima facie showing of jurisdiction facts in order to defeat defendant’s motion to dismiss. RSA 510:4, I. 2. Courts — […]

703 A.2d 1387 CROWN PAPER CO. D/B/A CROWN VANTAGE a. v. CITY OF BERLIN No. 96-423Supreme Court of New Hampshire Coos Decided December 31, 1997 1. Appeal and Error — Standards of Review — Generally Questions of law are reviewed de novo. Findings of fact, however, are overturned only if unsupported by the evidence. 2. […]

803 A.2d 598 MARSHA WEGNER, ADMINISTRATRIX FOR THE ESTATE OF CHRISTIAN WEGNER v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY No. 2001-023Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued May 8, 2002 Opinion Issued July 24, 2002 1. Insurance — Kinds — Automobile Insurance Where a valid policy exclusion in an automobile insurance policy bars liability […]

517 A.2d 1163 THE STATE OF NEW HAMPSHIRE v. JOSEPH DELLORFANO No. 85-229Supreme Court of New Hampshire Hillsborough Decided October 3, 1986 1. Constitutional Law — Self-Incrimination — Miranda Warning The fifth amendment requires the exclusion of incriminating statements elicited during a custodial interrogation prior to apprising a suspect of his constitutional rights. U.S. CONST. […]

645 A.2d 69 IN THE MATTER OF UNNAMED ATTORNEY AND UNNAMED TITLE COMPANY No. SMC-93-016Supreme Court of New Hampshire Original Decided July 27, 1994 1. Attorneys — Judicial Control — Audit To obtain accounting from a lawyer’s related business entity, professional conduct committee must show that its audit of a New Hampshire lawyer’s records led […]

785 A.2d 891 TOWN OF NOTTINGHAM v. DIANE NEWMAN a. No. 99-677Supreme Court of New Hampshire Rockingham Decided November 1, 2001 1. Zoning and Planning — Administration and Enforcement —Enforcement and Penalties Application of statute imposing a civil penalty for violation of a local zoning ordinance or a condition of a permit did not deny […]

74 A.2d 544 PERCY C. SMALL v. CHRONICLE AND GAZETTE PUBLISHING COMPANY. No. 3921.Supreme Court of New Hampshire Rockingham. Decided July 6, 1950. To authorize the finding that a new trial should be granted because of newly discovered evidence it must appear that the evidence is material to the issues joined and its character such […]

571 A.2d 276 THERESA PROVENCAL v. VERMONT MUTUAL INSURANCE COMPANY AND CRUICKSHANK COMPANY No. 89-162Supreme Court of New Hampshire Belknap Decided March 9, 1990 1. Pleading — Motion To Dismiss — Generally On appeal from an order granting a motion to dismiss, issue is whether the allegations in the plaintiff’s pleadings are reasonably susceptible of […]

380 A.2d 1083 LEGISLATIVE UTILITY CONSUMERS’ COUNCIL VOLUNTEERS ORGANIZED IN COMMUNITY EDUCATION v. PUBLIC UTILITIES COMMISSION THE STATE OF NEW HAMPSHIRE AND PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE No. 7717Supreme Court of New Hampshire Public Utilities Commission Decided December 2, 1977 1. Public Utilities — Judicial Review — Rate Regulations In order to prevail in […]

191 A.2d 92 EMILE PETTIGREW, JR. v. ROSE-ANNA GAMACHE a. No. 5119.Supreme Court of New Hampshire Hillsborough.Argued April 2, 1963. Decided May 28, 1963. 1. Where the testator devised his estate in trust with instructions to the trustee to use and apply the net income and any part or the whole of the principal if […]

410 A.2d 1121 In re THE ESTATE OF JENNIE T. BORKOWSKI No. 79-160Supreme Court of New Hampshire Rockingham County Probate Court Decided January 31, 1980 1. Bills and Notes — Payment Because a promissory note obligates the maker to repay, the money received by the maker is not an advancement but a debt. 2. Descent […]

749 A.2d 301 CHERYL L. POWELL v. CATHOLIC MEDICAL CENTER a. No. 97-860Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided March 21, 2000 1. Common Law — Abrogation — Preemption By Statute A plaintiff may not raise a claim under the common law if the legislature intended to replace it with a statutory cause […]

322 A.2d 608 ANTHONY ALCORN a. v. ROCHESTER ZONING BOARD OF ADJUSTMENT a. No. 6889Supreme Court of New Hampshire Strafford Decided July 19, 1974 1. A zoning board of adjustment has authority to grant a variance from permitted uses within a district as long as the granting of Page 492 the variance does not diminish […]

855 A.2d 494 IN THE MATTER OF MICHELLE (FOGG) GLAUDE AND KENNETH FOGG, II. No. 2003-694.Supreme Court of New Hampshire Strafford.Argued: June 10, 2004. Opinion Issued: July 16, 2004. 1. Divorce — Child Support — Duty to Support Upon the dissolution of a marriage, absent a valid adoption, a stepparent’s duty to support a stepchild […]

614 A.2d 600 EDWARD BRODERICK, ADMINISTRATOR OF THE ESTATES OF FRANCIS W. DeFRANCESCO, RITA Y. DeFRANCESCO, AND BRIAN S. DeFRANCESCO v. IDA WATTS No. 90-399Supreme Court of New Hampshire Rockingham Decided September 1, 1992 1. Judgments — Judgment Notwithstanding the Verdict — Tests Motions for directed verdict and judgment notwithstanding the verdict are essentially the […]

168 A.2d 119 EMPLOYERS LIABILITY ASSURANCE CORPORATION v. NEW HAMPTON SCHOOL a. No. 4877.Supreme Court of New Hampshire Belknap.Argued January 3, 1961. Decided March 7, 1961. 1. Where the first notice of an accident was not given by the policyholder to its comprehensive liability insurer or its agent until five and a half years after […]

407 A.2d 826 MARTHA JANE LANG a. v. JOSEPH A. L. ISABELLE No. 79-147Supreme Court of New Hampshire Rockingham Decided October 24, 1979 1. Easements — Prescription — Scope In equity action where defendant/landowner whose property was adjacent to plaintiffs’ property was permanently enjoined from blocking roadways or otherwise interfering with plaintiffs’ use of them, […]

385 A.2d 120 DAVID L. MOSKOWITZ v. BARBARA R. MOSKOWITZ MICHAEL BOLDUC v. CHRISTINE BOLDUC Nos. 7937 7949Supreme Court of New Hampshire Rockingham Decided March 31, 1978 1. Common Law — Name Change At common law, a person could adopt another name at will; absent statutory restrictions, one may lawfully change his name at will […]

584 A.2d 175 THE STATE OF NEW HAMPSHIRE v. GEORGE HAST No. 89-510Supreme Court of New Hampshire Belknap Decided December 28, 1990 1. Trial — Instructions — Requests A requested instruction on a party’s theory of defense must be given if such theory is supported by some evidence, and refusal to charge on that defense […]

543 A.2d 916 ATLANTIC RESTAURANT MANAGEMENT CORPORATION v. LOUISE MUNRO No. 87-306Supreme Court of New Hampshire Carroll Decided May 13, 1988 1. Contracts — Specific Performance — Discretion of Trial Court The granting of specific performance of a contract is a matter within the sound discretion of the trial court, which bases its decision upon […]

761 A.2d 484 THE STATE OF NEW HAMPSHIRE v. GEORGE M. ATKINS, III. No. 96-175Supreme Court of New Hampshire Rockingham Decided September 28, 2000 1. Appeal and Error — Preservation of Questions — Particular Cases Failure of defendant to object to allegedly improper statements in prosecutor’s closing argument precluded consideration of that issue on appeal. […]

446 A.2d 458 TOWN OF HAMPTON a. v. DONALD A. BRUST a. No. 81-090Supreme Court of New Hampshire Rockingham Decided May 21, 1982 1. Statutes — Construction and Application — Purpose Provision of the statute governing enactment of zoning regulations by towns and village districts, which required planning board to determine the final form in […]

300 A.2d 331 STATE OF NEW HAMPSHIRE v. HARRY F. STONE No. 6461.Supreme Court of New Hampshire Cheshire Decided January 31, 1973 1. Defendant who pleaded guilty knowing that the sentencing court was not bound to follow the county attorney’s recommendation was not entitled to withdraw his plea of guilty following the imposition of a […]

436 A.2d 1329 APPEAL OF BEHAVIOR SCIENCE INSTITUTE (New Hampshire Department of Health and Welfare, Office of Health Planning and Development) No. 80-470Supreme Court of New Hampshire Department of Health and Welfare, Office of Health Planning Development Decided October 30, 1981 1. Appeal and Error — Remand Where the procedures followed in applying for a […]

561 A.2d 1061 In re PARCEL OF LAND LOCATED IN EFFINGHAM, NEW HAMPSHIRE, COMMONLY KNOWN AS THE MELOON LOT, CONSISTING OF 84 ACRES MORE OR LESS, DESCRIBED AT BOOK 101, PAGE 307 OF THE REGISTRY OF DEEDS, COUNTY OF CARROLL; 1969 BANNER TRAVEL TRAILER, SERIAL NO. B24564; BROWN 1969 DODGE VAN, VIN 2082163749; BRIGGS AND […]

809 A.2d 768 THE ESTATE OF GEORGE LIBBY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY No. 2001-056Supreme Court of New Hampshire RockinghamArgued: February 13, 2002 Opinion Issued: April 17, 2002 1. Insurance — Policies — Uninsured Motorists The phrase “legally entitled to recover” contained in unisured motorist provisions of decedent insured’s automobile policies meant that […]

767 A.2d 406 JACQUELINE S. NAULT a. v. N L DEVELOPMENT COMPANY. No. 98-630.Supreme Court of New Hampshire Gorham District Court. Decided February 12, 2001. 1. Interest — Generally — Statutory Provisions Under RSA 524:1-a, a plaintiff who prevails in an action for debt or account is entitled to pre-judgment and post-judgment interest from commencement […]

394 A.2d 323 TOWN OF RUMNEY v. EDWARD BANEL, TRUSTEE FOR STEPHEN E. BANEL, VICTORIA J. BANEL ELIZABETH C. BANEL No. 78-133Supreme Court of New Hampshire Grafton Decided November 15, 1978 1. Eminent Domain — Taking — Necessity In establishing the reason for a taking, absolute necessity is not required; rather, only reasonable necessity need […]

46 A.2d 130 MARY COUGHLIN v. ARMS TEXTILE COMPANY. No. 3566.Supreme Court of New Hampshire Hillsborough. Decided March 5, 1946. When a plaintiff is present and testifies in court, he will not be nonsuited upon the strength of inconsistent statements he made in a deposition. In an action at common law, the negligence of the […]

802 A.2d 1216 THE STATE OF NEW HAMPSHIRE v. JOHN D. McCOOEY No. 2001-352Supreme Court of New Hampshire Dover District CourtArgued May 1, 2002 Opinion Issued July 22, 2002 1. Offenses — Particular Crimes — Disorderly Crimes —Disorderly Conduct Conviction of defendant, a high school student, for disorderly conduct was reversed because no rational trier […]

629 A.2d 791 TOWN OF TILTON AND TOWN OF NORTHFIELD v. THE STATE OF NEW HAMPSHIRE No. 92-290Supreme Court of New Hampshire Merrimack Decided July 27, 1993 1. Statutes — Maxims and Rules of Construction — Interpretation as a Whole To divine the intent of a statute, supreme court determines its meaning from its construction […]

714 A.2d 227 THE STATE OF NEW HAMPSHIRE v. ERIC ANDERSON No. 97-597Supreme Court of New Hampshire Hillsborough-southern judicial district Decided July 24, 1998 1. Criminal Law — Double Jeopardy — New Hampshire Constitution Defendant’s argument that his prosecution was barred on double jeopardy grounds was considered under the State Constitution, federal decisions being relied […]

621 A.2d 932 THE STATE OF NEW HAMPSHIRE v. ROBERT E. BRINKMAN No. 91-230Supreme Court of New Hampshire Strafford Decided March 11, 1993 1. Appeal and Error — Preservation of Questions — Failure To Make Specific Objections A contemporaneous and specific objection is required to preserve an issue for appellate review, and reviewing court will […]

480 A.2d 27 THE STATE OF NEW HAMPSHIRE v. BRUCE BERGER No. 82-141Supreme Court of New Hampshire Hillsborough Decided June 22, 1984 1. Controlled Substances — Sale — Generally The supreme court has interpreted the meaning of the word “sale” as defined by the controlled drug act to be much broader in scope than that […]

642 A.2d 328 LUC AND LEEANN BOISSONNAULT v. BRISTOL FEDERATED CHURCH No. 92-637Supreme Court of New Hampshire Grafton Decided May 19, 1994 1. Judgments — Summary Judgment — Standards for Granting In determining whether motion for summary judgment was properly granted, supreme court considers affidavits and other evidence, as well as all inferences properly drawn […]

162 A.2d 614 EDWARD R. LAMB v. DANVILLE SCHOOL BOARD. No. 4872.Supreme Court of New Hampshire Rockingham.Argued July 14, 1960. Decided July 19, 1960. 1. A vote at a special school district meeting to appropriate a particular sum for the construction of a school and to issue bonds therefor was not rendered invalid by the […]

596 A.2d 125 NORMAN LIMOGES v. HORACE MANN INSURANCE COMPANY No. 90-189Supreme Court of New Hampshire Hillsborough Decided July 24, 1991 1. Insurance — Definitions — Resident Relative Trial court did not err in finding that plaintiff, a child of divorced parents, was a “relative resident” in his father’s household within meaning of uninsured motorist […]

495 A.2d 1282 STEVEN F. BUNNELL v. STEPHEN LUCAS No. 84-134Supreme Court of New Hampshire Hillsborough Decided June 19, 1985 1. Jury — Deliberations — “Chalking” It is improper for jurors to agree in advance to be bound by an average of their respective positions on an issue, since to so decide an issue may […]