Category: New Hampshire Court Opinions

402 A.2d 169 In re BRENDA H. No. 78-239Supreme Court of New Hampshire Hooksett District Court Decided May 23, 1979 1. Physicians and Surgeons — Privileged Communications — Statutes Statutes providing that the confidential communications between a Page 383 physician and patient are privileged and that communications between a certified psychologist and his client are […]

437 A.2d 276 MICHAEL FOLEY v. HORACE MANN MUTUAL INSURANCE COMPANY No. 80-461Supreme Court of New Hampshire Hillsborough Decided November 16, 1981 1. Insurance — Automobile Policies — Non-Owned Automobile Where insurance policy provided for payment of medical benefits to or for named insured or relative for injury caused by accident while occupying non-owned automobile, […]

837 A.2d 285 STATELINE STEEL ERECTORS, INC. v. WILLIAM SHIELDS a. No. 2003-264.Supreme Court of New Hampshire Hillsborough-southern Judicial DistrictArgued: November 5, 2003. Opinion Issued: December 9, 2003. 1. Assignments — Assignable Rights When an insured entered into a settlement agreement with contractors it was required to indemnify, it had claims against defendant insurance agency […]

393 A.2d 567 THE STATE OF NEW HAMPSHIRE v. RONALD AUBERT No. 78-189Supreme Court of New Hampshire Hillsborough Decided October 30, 1978 1. Pardon and Parole — Violation of Probation Proceeding — Right to Impartial Tribunal In violation of probation proceeding, defendant has at least the right to an impartial tribunal in determining whether he […]

744 A.2d 625 BARBARA SIMPSON v. WAL-MART STORES, INC. d/b/a SAM’S CLUB No. 98-150Supreme Court of New Hampshire Rockingham Decided December 30, 1999 1. Negligence — Duty — Slip and Fall Actions Trial court in slip and fall action properly denied warehouse store operator’s motions for directed verdict and judgment notwithstanding the verdict, where there […]

143 A.2d 417 BROX’S DAIRIES, INC. v. BOSTON AND MAINE RAILROAD. No. 4664.Supreme Court of New Hampshire Hillsborough.Argued June 4, 1958. Decided July 1, 1958. 1. Contributory negligence as a matter of law was established by the conduct of an operator of a trailer truck who was familiar with a grade crossing but drove into […]

621 A.2d 442 THE STATE OF NEW HAMPSHIRE v. BERTRAND DeLONG No. 92-084Supreme Court of New Hampshire Sullivan Decided March 5, 1993 1. Discovery — Generally — Review Trial court has inherent authority to exercise sound discretion in pre-trial discovery matters; an error in exercise of that discretion is not reversible unless shown to be […]

316 A.2d 165 CARL M. AUSTIN a. v. STATE TAX COMMISSION No. 6641Supreme Court of New Hampshire Merrimack Decided February 28, 1974 1. Nonresidents whose income earned in New Hampshire was being taxed under the commuters income tax were held to have standing to challenge the constitutionality of the tax statute. 2. A petition for […]

58 A.2d 501 ALICE RIVARD, Adm’x v. J. F. McELWAIN CO. No. 3719.Supreme Court of New Hampshire Hillsborough. Decided April 6, 1948. In a petition for compensation, evidence that the nature of the work performed by the employee required an exertion of pressure was sufficient under all the circumstances to justify a finding that the […]

407 A.2d 1195 DOVER VETERANS COUNCIL, INC. v. CITY OF DOVER No. 79-057Supreme Court of New Hampshire Strafford Decided October 12, 1979 1. Municipal Corporations — Property — Public Purpose Provision by a city for a veterans meeting place, as permitted by RSA 31:4, was a proper public purpose which was not robbed of its […]

157 A.2d 646 MARY HANLON v. LOUISE P. POMEROY. No. 4798.Supreme Court of New Hampshire Hillsborough.Argued December 2, 1959. Decided January 27, 1960. 1. In an action for damages resulting from a motor vehicle accident in which the plaintiff suffered an emotional disturbance associated with a facial disfigurement which affected her social life it was […]

457 A.2d 429 JOHN McELROY v. LAWRENCE A. GAFFNEY No. 82-110Supreme Court of New Hampshire Strafford Decided January 24, 1983 1. Judgments — Summary Judgment — Issue of Material Fact In ruling on a motion for summary judgment, a trial court must determine whether the pleadings, affidavits and other evidence on file disclose a genuine […]

234 A.2d 528 SUTTON MUTUAL INSURANCE COMPANY v. DOROTHY O’BRIEN a. No. 5650.Supreme Court of New Hampshire Grafton.Argued September 8, 1967. Decided October 31, 1967. 1. In declaratory judgment proceedings to determine the liability of an insurer under a motor vehicle liability policy insuring against liability arising out of use of a described vehicle owned […]

414 A.2d 1281 JEANNETTE BERTOLAMI v. MERCHANTS MUTUAL INSURANCE COMPANY No. 79-270Supreme Court of New Hampshire Concord District Court Decided May 5, 1980 1. Insurance — Coverage — Determination Where plaintiff paid separate premiums for uninsured motorist coverage and medical payments coverage, under both of which charges for medical services rendered were compensable, there was […]

891 A.2d 564 IN THE MATTER OF R.A. AND J.M. No. 2004-721.Supreme Court of New Hampshire Sullivan.Argued: September 29, 2005. Opinion Issued: December 30, 2005. 1. Parent and Child — Custody — Unwed Parents The superior court should look to the child custody statutes of the State for the procedures as to how custody disputes […]

79 A.2d 636 NASHUA TRUST COMPANY v. HEGHENE MOSGOFIAN, Ex’x a. No. 3992.Supreme Court of New Hampshire Hillsborough. Decided April 3, 1951. Where the deceased had made certain bank deposits and agreed in writing with the bank that it could make payments either to himself or the claimant or the survivor of them but kept […]

429 A.2d 320 In re JESSICA B. No. 80-202Supreme Court of New Hampshire Belknap County Probate Court Decided April 17, 1981 1. Parent and Child — Parental Rights — Constitutional Rights The role of parents in the life of the family has attained the status of a fundamental human right and liberty, and the rights […]

782 A.2d 902 JAMES AND JOAN COYLE v. WILLIAM BATTLES, ESQ. a. No. 99-819Supreme Court of New Hampshire Carroll Decided October 12, 2001 1. Limitation of Actions — Particular Actions — Contracts In action for breach of contract based upon excessive fees charged and collected by defendant attorneys, the alleged breach occurred when defendants overcharged […]

386 A.2d 1285 In re ESTATE OF ARTHUR GERASIS No. 78-001Supreme Court of New Hampshire Probate Court, Hillsborough County Decided May 17, 1978 1. Evidence — Hearsay — Admissibility In action questioning validity of joint bank account, where probate court excluded testimony offered by a party attempting to contradict one of her own witnesses to […]

842 A.2d 97 THE STATE OF NEW HAMPSHIRE v. DENIS VELEZ. No. 2003-078.Supreme Court of New Hampshire Hillsborough-southern Judicial DistrictArgued: January 7, 2004. Opinion Issued: February 27, 2004. 1. Criminal Law — Confessions — Tests and Standards In order to admit into evidence the taped recording of an interrogation, which occurs after Miranda rights are […]

219 A.2d 701 LACONIA v. PHILIP H. GORDON, d/b/a GORDON BROTHERS. No. 5416.Supreme Court of New Hampshire Belknap.Argued March 1, 1966. Decided May 31, 1966. 1. Charges imposed as license fees must bear a relation to and approximate the expense of issuing the licenses and of inspecting and regulating the business licensed. 2. While such […]

781 A.2d 16 THE STATE OF NEW HAMPSHIRE v. KENNETH WEST No. 99-687Supreme Court of New Hampshire Strafford Decided September 11, 2001 1. Evidence — Other Bad Acts — Generally In prosecution for felonious sexual assault, rule governing admissibility of evidence of other crimes, wrongs, or acts did not apply to testimony of victim’s mother […]

459 A.2d 282 THOMAS G. EBBERT v. LINDA K. EBBERT No. 81-453Supreme Court of New Hampshire Hillsborough Decided April 4, 1983 1. Divorce — Grounds — Generally It is well settled that when the legislature established irreconcilable differences as a no-fault ground for divorce, the original thirteen grounds for divorce based on fault were not […]

40 A.2d 582 WILFRID BOURQUE a. v. MYRTICE D. ADAMS a. No. 3501.Supreme Court of New Hampshire Hillsborough. Decided January 2, 1945. The statement in the official publication of the session laws as to when an act was approved is sufficient evidence of the time when such act was signed by the Governor, and the […]

638 A.2d 791 CLIPPER AFFILIATES, INC. v. SAMUEL L. CHECOVICH No. 92-129Supreme Court of New Hampshire Strafford Decided March 15, 1994 1. Appeal and Error — Dismissal of Complaint — Standards for Review Standard of review for motion to dismiss at close of plaintiff’s case in jury-waived trial is that court will not set aside […]

79 A.2d 833 DRAPER CORPORATION v. JOHN W. PITMAN. No. 3962.Supreme Court of New Hampshire Grafton. Decided April 3, 1951. Certain deeds and other evidence warranted the finding implied in the verdict for the plaintiff that the cutting of certain trees was upon the land of the plaintiff and not that of the defendant. The […]

662 A.2d 292 GORDON WELCH v. DIRECTOR, NEW HAMPSHIRE DIVISION OF MOTOR VEHICLES No. 94-115Supreme Court of New Hampshire Merrimack Decided July 19, 1995 1. Statutes — Maxims and Rules of Construction In matters of statutory interpretation, the supreme court is the final arbiter of the intent of the legislature as expressed in the words […]

421 A.2d 1008 PETER E. GOODNOW v. EVERETT I. PERRIN, WARDEN No. 79-399Supreme Court of New Hampshire Hillsborough Decided October 2, 1980 1. Prisons — Treatment of Inmates — Transfer No due process clause liberty interest of a duly convicted prison inmate is infringed when he is transferred from one prison to another within the […]

290 A.2d 866 PHILIP W. MANS v. LEBANON SCHOOL BOARD a. No. 6325.Supreme Court of New Hampshire Grafton. Decided April 28, 1972. 1. A teacher’s contract with a school board is a nonexempt public record under the right-to-know statute (RSA ch. 91-A (supp.)) and the disclosure of the salary contracted to the voters of a […]

702 A.2d 318 ELAINE A. OLSON, EXECUTRIX OF THE ESTATE OF MICHAEL C. OLSON a. v. TOWN OF FITZWILLIAM No. 95-520Supreme Court of New Hampshire Cheshire Decided October 1, 1997 1. Taxation — Sale of Property for Nonpayment of Taxes — Prerequisites The power and authority of a tax collector is exclusively statutory. The tax […]

660 A.2d 1096 KATIE V. FULTON v. ALLARD’S MOVING STORAGE, INC. No. 94-144Supreme Court of New Hampshire Rockingham Decided June 6, 1995 1. Carriers — Carriers of Goods — Liens A carrier may have a lien on goods covered by a bill of lading for storage or transportation charges incurred subsequent to its receipt of […]

552 A.2d 58 TOWN OF NOTTINGHAM v. ROBERT A. BONSER AND CEDAR WATERS VILLAGE, INC. No. 86-005 No. 86-255Supreme Court of New Hampshire Rockingham Decided December 9, 1988 1. Contempt — Penalties and Sanctions — Particular Cases Under court order issued sua sponte, which afforded defendant a final opportunity to absolve himself of “contempt charges […]

323 A.2d 919 LEOPOLD FLEURY v. STATE OF NEW HAMPSHIRE a. No. 6833Supreme Court of New Hampshire Coos Decided July 30, 1974 1. Purpose of statutory provisions for a trial de novo by the superior court under RSA 282:5 G (1) (Supp. 1973), (3) is to substitute the conclusions of the court for those of […]

274 A.2d 878 STATE v. JAMES S. HUDSON. No. 5948.Supreme Court of New Hampshire Rockingham. Decided February 26, 1971. 1. Loitering, of itself, is not a crime, even after a police officer has requested the loiterer to move on; however, loitering which obstructs free passage upon public streets, or endangers the public safety, may constitutionally […]

489 A.2d 120 LOCKE LAKE COLONY ASSOCIATION, INC. v. TOWN OF BARNSTEAD No. 84-116Supreme Court of New Hampshire Belknap Decided February 21, 1985 1. Taxation — Appraisal and Assessment — Easements The value of real property is diminished to the extent that such property is encumbered with easements; consequently, when property is so encumbered with […]

379 A.2d 1273 JACKIE PARTLOW, SR. v. EVERETT PERRIN, WARDEN No. 7866Supreme Court of New Hampshire Original Decided November 16, 1977 1. Criminal Law — Habitual Offenders — Punishment Under habitual offender act making theft a class B felony if actor has been twice before convicted of theft of property or services valued at one […]

195 A.2d 243 EVA MORIN v. MANCHESTER HOUSING AUTHORITY. No. 5159.Supreme Court of New Hampshire Hillsborough.Argued October 2, 1963. Decided November 5, 1963. 1. Where the defendant housing authority exercised control over the grounds of its apartment buildings and retained possession thereof for the common use of tenants it was under a duty to exercise […]

614 A.2d 1054 MICHAEL D. SPELLMAN v. JOYCE E. SPELLMAN No. 91-279Supreme Court of New Hampshire Hillsborough Decided October 14, 1992 1. Divorce — Decree — Resolution of Ambiguities Where parties have failed to effect terms of property settlement and terms of divorce decree material to settlement must be interpreted and implemented by further order […]

837 A.2d 291 PETITION OF THE STATE OF NEW HAMPSHIRE (Sentence Review Division). No. 2002-753.Supreme Court of New Hampshire Sentence Review DivisionArgued: November 6, 2003. Opinion Issued: December 5, 2003. 1. Criminal Law — Judgment and Sentence — Appeal Statute authorizing review division of the superior court “to consider an appeal with or without a […]

888 A.2d 1258 IN RE JUVENILE 2004-822. No. 2004-822.Supreme Court of New Hampshire Rochester District Court.Argued: October 20, 2005. Opinion Issued: December 30, 2005. 1. Minors — Crimes and Delinquency — Proceedings Statute establishing a juvenile jury trial procedure imposes no greater hardship upon a juvenile than is placed upon an adult defendant who is […]

455 A.2d 1031 THE STATE OF NEW HAMPSHIRE v. JOHN A. SETTLE, JR. No. 81-449Supreme Court of New Hampshire Decided January 24, 1983 1. Indictment and Information — Duplication of Charges Where the defendant’s indictments for theft and conspiracy to receive stolen property were identical to the indictments for those offenses in the companion case […]

48 A.2d 478 THE CHRONICLE GAZETTE PUBLISHING CO., INC. v. ATTORNEY GENERAL a. No. 3598.Supreme Court of New Hampshire Rockingham. Decided June 27, 1946. Petition for declaratory judgment is an appropriate method to determine the constitutionality of a statute when the parties desire and the public need requires a speedy determination of important questions of […]

317 A.2d 785 STATE ex rel. TOWN OF HANOVER v. HANOVER DISTRICT COURT No. 6608Supreme Court of New Hampshire Original Decided March 29, 1974 1. The supreme court has sparingly exercised on behalf of the prosecution its authority of general superintendence of all courts within the state system in defining the limits of the trial […]

567 A.2d 544 THE STATE OF NEW HAMPSHIRE v. TIMOTHY BROWN No. 88-338Supreme Court of New Hampshire Hillsborough Decided December 28, 1989 1. Constitutional Law — Confrontation Clause — Generally Sixth amendment to the Federal Constitution guarantees the right of an accused in a criminal prosecution to be confronted with the witnesses against him; this […]

35 A.2d 801 PRISCILLA D. FRANKLYN v. THOMAS J. FRANKLYN. No. 3447.Supreme Court of New Hampshire Rockingham. Decided January 4, 1944. In a libel for divorce, proof of marriage under R. L., c. 338, s. 40, is sufficiently established by the fact that a ceremony was performed and marriage vows taken by the libelant, that […]

657 A.2d 417 RITA TRAHAN-LAROCHE AND LUCIEN LAROCHE v. LOCKHEED SANDERS, INC. No. 94-060Supreme Court of New Hampshire Hillsborough-southern judicial district April 21, 1995 1. Labor — Respondeat Superior — Generally Under the doctrine of respondeat superior, an employer may be held vicariously responsible for the tortious acts of an employee committed incidental to or […]

332 A.2d 168 MARY LOU BELKNER, ADMINISTRATRIX OF THE ESTATE OF DENISE ROYER v. ROBERT PRESTON a. No. 6869Supreme Court of New Hampshire Hillsborough Decided January 31, 1975 1. By providing for the survival of tort actions after plaintiff’s death, RSA 556:9-14 created a new cause of action. 2. Equal protection of the laws does […]

278 A.2d 346 LLOYD G. BASINOW v. CITY OF MANCHESTER a. No. 6141.Supreme Court of New Hampshire Hillsborough. Decided June 1, 1971. 1. A mayor elected by a board of aldermen, under the provisions of RSA 45:6, to fill a vacancy in the office of mayor until the “next regular election” is entitled to hold […]

572 A.2d 1153 AMOSKEAG BANK v. REGIS J. CHAGNON d/b/a MANCHESTER MORTGAGE CO., BRAD MORROW d/b/a MORROW MILLWORK AND SUNDEEN LUMBER COMPANY, INC. No. 89-014Supreme Court of New Hampshire Merrimack Decided April 11, 1990 1. Property — Real Property — Title New Hampshire is a “race-notice” jurisdiction; a purchaser or creditor has the senior claim […]

37 A.2d 7 STATE v. CORNELIUS BASS. STATE v. CHARLIE CLARK. No. 3472.Supreme Court of New Hampshire Hillsborough. Decided April 4, 1944. Upon the voluntary surrender by military authorities of members of the armed forces accused in time of war of the crime of rape committed in this State, the State Courts have jurisdiction over […]

824 A.2d 142 IN RE ESTATE OF ROLAND A. BENNETT No. 2001-727Supreme Court of New Hampshire Strafford County Probate CourtArgued November 6, 2002 Opinion Issued May 16, 2003 1. Executors and Administrators — Claims by Creditors —Limitations Where plaintiff had provided timely notice of her claim in accordance with statute, but failed to file suit […]