THE STATE OF NEW HAMPSHIRE v. ETHAN VASSAR. No. 2005-567.Supreme Court of New Hampshire Sullivan.Argued: September 12, 2006. Opinion Issued: November 21, 2006. 1. Trial — Criminal Cases — Jury Instructions — Review Trial court’s decision not to give a jury instruction is reviewed for an unsustainable exercise of discretion. 2. Trial — Criminal Cases […]
Category: New Hampshire Court Opinions
BOISSY v. CHEVION, 162 N.H. 388 (2011)
AARON M. BOISSY a, v. RUTH CHEVION. No. 2010-372.Supreme Court of New Hampshire. Merrimack.Argued: June 9, 2011. Opinion Issued: September 20, 2011. 1. Property — Generally — Title andOwnership In an action to quiet title, the burden is on each party to prove good title as against all other parties whose rights may be affected […]
STATE v. BASS, 93 N.H. 172 (1944)
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 […]
IN RE ESTATE OF BENNETT, 149 N.H. 496 (2003)
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 […]
KINGSBURY v. RAILROAD, 79 N.H. 203 (1919)
106 A. 642 FAYETTE B. KINGSBURY v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Sullivan. Decided April 1, 1919. If one of the issues in a case has been erroneously submitted to the jury, there is no presumption that a general verdict in the plaintiff’s favor was not returned on such issue, and such […]
CHASE HOME FOR CHILDREN v. NEW HAMPSHIRE, 2010-548 (N.H. 11-22-2011)
CHASE HOME FOR CHILDREN a. v. NEW HAMPSHIRE DIVISION FOR CHILDREN, YOUTH AND FAMILIES. No. 2010-548Supreme Court of New Hampshire MerrimackArgued: September 15, 2011 Opinion Issued: November 22, 2011 Orr Reno, P.A., of Concord (Lisa Snow Wade andRachel Aslin Goldwasser on the brief, and Ms. Wade orally), for the plaintiffs. Michael A. Delaney, attorney general […]
DERVIN v. COMPANY, 81 N.H. 108 (1923)
122 A. 353 EVA DERVIN v. AMOSKEAG MANUFACTURING CO. Supreme Court of New Hampshire Hillsborough. Decided June 28, 1923. It is the non-delegable duty of the master to use reasonable care to provide and maintain a safe and suitable stairway for the necessary ingress and egress of his servants thereon. Certain evidence held sufficient to […]
STATE v. LONG, 90 N.H. 103 (1939)
4 A.2d 865, 6 A.2d 752 STATE v. HOWARD LONG No. 3058Supreme Court of New Hampshire Belknap Decided February 16, 1939 In the trial of an indictment for first degree murder, the plea of not guilty by reason of insanity is in the nature of a plea of confession and avoidance and concedes the commission […]
McPHEE v. COLBURN, 98 N.H. 406 (1953)
101 A.2d 458 LIZZIE B. McPHEE v. J. WESLEY COLBURN. No. 4255.Supreme Court of New Hampshire Hillsborough.Argued December 2, 1953. Decided December 21, 1953. The sufficiency of the evidence to support a verdict may not be questioned as a matter of right for the first time after the verdict is returned but a party is […]
TOTTY v. GRANTHAM PLANNING BOARD, 120 N.H. 388 (1980)
415 A.2d 687 RICHARD TOTTY a. v. GRANTHAM PLANNING BOARD AND TOWN OF GRANTHAM No. 79-394Supreme Court of New Hampshire Sullivan Decided May 22, 1980 1. Zoning — Planning Authorities — Powers and Duties Town planning board’s conditional approval of preliminary layout of subdivision was not a “decision of the planning board” subject to review, […]
GREENWOOD v. RAILROAD, 77 N.H. 101 (1913)
88 A. 217 JEDDIE P. GREENWOOD, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Grafton. Decided June 27, 1913. In an action for negligently causing death, no inference of the decedent’s care can be drawn from the instinct of self-preservation. Evidence to the general effect that the victim of an accident was a […]
KACAVISTI v. SPRAGUE ELECTRIC CO., 102 N.H. 266 (1959)
155 A.2d 183 BESSIE M. KACAVISTI v. SPRAGUE ELECTRIC CO. a. No. 4729.Supreme Court of New Hampshire Hillsborough.Argued October 6, 1959. Decided November 3, 1959. 1. The Supreme Court under its discretionary procedure considered the merits of defendant’s appeal from an award of workmen’s compensation, although it failed to appropriately preserve its rights, where the […]
ROSSITER v. SANAGHIARO, 78 N.H. 484 (1917)
102 A. 759 ROBERT ROSSITER v. BEATRICE SANAGHIARO a. WILLIAM P. SWEENEY v. SAME. RAND, BALL KING CO. v. SAME. JAMES KINIRY v. SAME. CLAREMONT ICE LUMBER CO. v. SAME. Supreme Court of New Hampshire Sullivan. Decided October 2, 1917. The discharge of a mortgage will be treated as an assignment, when justice so requires. […]
BARRON v. BARTLETT, 63 N.H. 619 (1885)
BARRON a. v. BARTLETT. Supreme Court of New Hampshire Coos. Decided June, 1885. ASSUMPSIT, for drawing logs, and to secure a lien under Gen. Laws, c. 139, s. 13. The defendant was defaulted, and the issue was between the plaintiffs and Gardner a., claimants. Facts found by a referee. Drew, Jordan Carpenter, for the plaintiffs. […]
KING v. ONTHANK, 152 N.H. 16 (2005)
871 A.2d 14 JANET KING v. PAUL S. ONTHANK, JR. No. 2004-200.Supreme Court of New Hampshire Carroll County Probate Court.Argued: December 9, 2004. Opinion Issued: March 18, 2005. 1. Trusts — Express Trusts — Intent of Settlor It is the settlor’s intent, as ascertained from the language of the entire instrument, that governs the distribution […]
LYDON v. GRAND TRUNK RAILWAY CO., 69 N.H. 669 (1898)
41 A. 1115 LYDON, Adm’x, v. GRAND TRUNK RAILWAY CO. Supreme Court of New Hampshire Coos. Decided June, 1898. CASE, for negligence, by the administratrix of the estate of an employee of the defendants, Trial by jury and verdict for the the close of the evidence, subject to the defendant’s exception, the court denied their […]
STATE v. CORNWELL, 97 N.H. 446 (1952)
91 A.2d 456 STATE v. ROBERT CORNWELL. STATE v. KENNETH D. CORNWELL. No. 4138.Supreme Court of New Hampshire Cheshire. Decided October 7, 1952. The standard practice or custom of a sheriff in serving process is competent and relevant evidence on the question of whether or not it was followed in a particular instance. In a […]
MARYLAND CAS. CO. v. COMAN, 106 N.H. 364 (1965)
211 A.2d 703 MARYLAND CASUALTY COMPANY v. JAMES J. COMAN a. No. 5265.Supreme Court of New Hampshire Hillsborough.Argued March 2, 1965. Decided July 21, 1965. 1. The rights and obligations of the parties under a policy of liability insurance issued in a foreign jurisdiction are governed by the laws of that jurisdiction. 2. Where a […]
590 REALTY CO., LTD. v. CITY OF KEENE, 122 N.H. 284 (1982)
444 A.2d 535 590 REALTY CO., LTD. v. CITY OF KEENE No. 81-015Supreme Court of New Hampshire Cheshire Decided April 2, 1982 1. Taxation — Appraisal and Assessment — Value Property is to be valued at its best and highest use. 2. Taxation — Appraisal and Assessment — Formulas The supreme court has recognized as […]
STATE v. KNICKERBOCKER, 152 N.H. 467 (2005)
880 A.2d 419 THE STATE OF NEW HAMPSHIRE v. GEORGE KNICKERBOCKER, JR. No. 2004-356.Supreme Court of New Hampshire Merrimack.Argued: April 20, 2005. Opinion Issued: July 29, 2005. 1. Indictment and Information — Generally — Timeliness Notwithstanding the references to intentional delay for tactical advantage in prior opinions, the test for a due process violation under […]
COBURN v. DYKE, 103 N.H. 159 (1961)
167 A.2d 223 RUSSELL COBURN, Adm’r v. BENJAMIN F. DYKE, SR. No. 4894.Supreme Court of New Hampshire Grafton.Argued December 6, 1960. Decided January 20, 1961. 1. An action upon a promissory note commenced by a foreign domiciliary administrator against a resident maker of the note was held maintainable by the heirs at law of the […]
SANCHEZ v. CANDIA WOODS GOLF LINKS, 161 N.H. 201 (2010)
13 A.3d 268 PAUL F. SANCHEZ, III v. CANDIA WOODS GOLF LINKS. No. 2010-007.Supreme Court of New Hampshire. Rockingham.Argued: September 15, 2010. Opinion Issued: November 24, 2010. 1. Negligence — Defenses — Assumption of Risk The “primary applied assumption of the risk” doctrine applies when a plaintiff voluntarily and reasonably enters into some relation with […]
ROCKINGHAM ETC. CO. v. PHILBRICK, 79 N.H. 279 (1919)
108 A. 813 ROCKINGHAM COUNTY LIGHT POWER Co. v. FRED B. PHILBRICK a. Supreme Court of New Hampshire Decided November 4, 1919. Laws 1919, c. 162, providing that a public utility may acquire flowage rights upon paying the value thereof, is not in violation of the fourteenth amendment of the federal constitution, although the general […]
STATE v. FLEMING, 125 N.H. 238 (1984)
480 A.2d 107 THE STATE OF NEW HAMPSHIRE v. PETER FLEMING No. 82-367Supreme Court of New Hampshire Strafford Decided July 26, 1984 1. Homicide — Murder — Malice Aforethought The reference of the supreme court in State v. Darcy, 121 N.H. 220 (1981), to the concept that the difference between murder and manslaughter is the […]
MONADNOCK HOSPITAL v. MEI., 99 N.H. 398 (1955)
111 A.2d 834 MONADNOCK COMMUNITY HOSPITAL v. JULIO MEI. No. 4385.Supreme Court of New Hampshire Cheshire.Submitted February 2, 1955. Decided February 25, 1955. In the absence of statute or an express or implied contract a parent is not liable for necessities furnished his minor child by a third party. ASSUMPSIT, for medical treatment furnished by […]
STATE v. COTE, 74 N.H. 122 (1907)
65 A. 693 STATE v. COTE a. Supreme Court of New Hampshire Rockingham. Decided January 1, 1907. Where the breach of a liquor dealer’s bond is claimed to be an illegal sale by an agent of the licensee, an affidavit which does not deny the sale or the agency does not disclose a defence to […]
BRADY v. MULLEN, 139 N.H. 67 (1994)
649 A.2d 47 THOMAS BRADY, TRUSTEE OF D.T.B., 172 GLENWOOD AVENUE, MANCHESTER, N.H. REAL ESTATE TRUST v. WILLIAM G., JR., AND PEGGY K. MULLEN No. 93-806Supreme Court of New Hampshire Hillsborough-northern judicial district Decided October 21, 1994 1. Judgments — Default Judgments — Pro confesso If a defendant fails to answer an equity petition within […]
STATE v. WHITE, 119 N.H. 567 (1979)
406 A.2d 291 THE STATE OF NEW HAMPSHIRE v. LAWRENCE W. WHITE No. 78-200Supreme Court of New Hampshire Merrimack Decided August 17, 1979 1. Arrest — Probable Cause Police officer may have had grounds to suspect the defendant of burglarizing the gas station, but he did not have probable cause to arrest defendant since nothing […]
DIAMOND v. EMPLOYEES’ c. COMPANY, 97 N.H. 510 (1952)
92 A.2d 925 LILLIAN DIAMOND a. v. THE EMPLOYERS’ LIABILITY ASSURANCE CORPORATION, LTD. No. 4143.Supreme Court of New Hampshire Hillsborough. Decided December 2, 1952. The right of a sole dependent of a deceased employee to receive weekly compensation payments under the Workmen’s Compensation Act (Laws 1947, c. 266) is personal and expires upon the death […]
APPEAL OF KEDDY, 125 N.H. 837 (1984)
485 A.2d 1047 APPEAL OF FRANCIS KEDDY (New Hampshire Department of Employment Security) No. 84-194Supreme Court of New Hampshire Department of Employment Security Decided December 31, 1984 Unemployment Compensation — Repayment of Benefits Ruling of department of employment security requiring unemployment compensation recipient to make restitution of an overpayment in benefits was not barred by […]
MATTLEMAN v. BANDLER, 125 N.H. 204 (1984)
480 A.2d 85 MICHAEL J. MATTLEMAN v. MARLENE S. BANDLER No. 83-477Supreme Court of New Hampshire Rockingham Decided July 3, 1984 Costs — Attorney Fees — Particular Cases The supreme court’s earlier opinion in Mattleman v. Bandler, 123 N.H. 368 (1983), clearly required the superior court, on remand from that decision, to award reasonable attorney’s […]
NAT’L GRANGE MUT. INS. CO. v. SMITH, 133 N.H. 279 (1990)
574 A.2d 1386 NATIONAL GRANGE MUTUAL INSURANCE COMPANY v. LYNDA NOEDING SMITH, ADMINISTRATRIX OF THE ESTATE OF LISA NOEDING No. 89-212Supreme Court of New Hampshire Cheshire Decided May 24, 1990 1. Insurance — Automobile Policies — Uninsured Motorist Coverage Judgment on verdict in action by insured against underlying tortfeasors bound both insured and uninsured motorist […]
OUELLETTE v. BUTLER, 125 N.H. 184 (1984)
480 A.2d 76 OMER A. OUELLETTE, JR., AND CONSTANCE C. OUELLETTE v. BRADFORD F. BUTLER AND LOIS K. BUTLER No. 83-335Supreme Court of New Hampshire Belknap Decided July 3, 1984 1. Deeds and Conveyances — Construction — Intent of Parties While the interpretation of deeds and analogous instruments is ultimately a matter for the supreme […]
CARPENTER v. BERRY, 95 N.H. 151 (1948)
59 A.2d 485 ERNEST A. CARPENTER v. HARRY O. BERRY a. No. 3756.Supreme Court of New Hampshire Strafford. Decided May 21, 1948. Where the relief sought in a petition for habeas corpus should appropriately have been sought by an application for a writ of certiorari the petition may be considered as though properly amended. A […]
STATE v. EBINGER, 135 N.H. 264 (1992)
603 A.2d 924 THE STATE OF NEW HAMPSHIRE v. KARL EBINGER No. 90-360Supreme Court of New Hampshire Strafford Decided February 28, 1992 1. Appeal and Error — Evidence — Sufficiency of Evidence When reviewing defendant’s claim that there was insufficient evidence for jury to find that defendant was criminally negligent, supreme court would view all […]
STATE v. DOW, 126 N.H. 205 (1985)
489 A.2d 650 THE STATE OF NEW HAMPSHIRE v. FRANK DOW No. 84-237Supreme Court of New Hampshire Hillsborough Decided March 1, 1985 1. Homicide — Murder — Evidence Evidence presented at defendant’s trial for second degree murder which showed a killing accomplished by a brutal beating and asphyxiation conclusively supported allegation that defendant manifested an […]
BIGELOW v. WHITCOMB, 72 N.H. 473 (1904)
57 A. 680 BIGELOW a. v. WHITCOMB a. Supreme Court of New Hampshire Cheshire. Decided March 1, 1904. Trees standing within the limits of an ancient public highway, upon land not required for the accommodation of actual travel, are the property of the adjacent owner, who cannot be deprived of his right therein without compensation, […]
STRAFFORD TECH., v. CAMCAR DIV., TEXTRON, 147 N.H. 174 (2001)
784 A.2d 1198 STRAFFORD TECHNOLOGY, INC. v. CAMCAR DIVISION OF TEXTRON, INC. No. 2001-157Supreme Court of New Hampshire Rockingham Decided November 13, 2001 1. Venue — Change of Venue — Forum Selection Clauses In forum selection clause providing that any controversy “shall be determined by the courts of Illinois,” because the phrase “be determined by” […]
UNION FIDELITY LIFE INS. CO. v. WHALAND, 114 N.H. 549 (1974)
323 A.2d 585 UNION FIDELITY LIFE INSURANCE COMPANY v. FRANCIS E. WHALAND, INSURANCE COMMISSIONER No. 6977Supreme Court of New Hampshire Insurance Commissioner Decided July 31, 1974 1. The supreme court will exercise the discretion conferred upon it by RSA 541:18 to suspend an administrative order pending the determination of an appeal from the order if […]
AYOTTE v. DEPARTMENT OF EMPLOY. SECURITY, 114 N.H. 147 (1974)
317 A.2d 16 GAIL C. AYOTTE v. DEPARTMENT OF EMPLOYMENT SECURITY, BENJAMIN C. ADAMS, COMMISSIONER No. 6760Supreme Court of New Hampshire Hillsborough Decided February 28, 1974 1. Receipt of an appeal by the clerk of the superior court on the thirteenth day after the date of notice to the plaintiff of an adverse decision by […]
LEMIRE v. HALEY, 91 N.H. 357 (1941)
19 A.2d 436 SADIE LEMIRE v. JOHN HALEY, Adm’r. No. 3227.Supreme Court of New Hampshire Strafford. Decided April 1, 1941. An oral promise that if the plaintiff would take care of the decedent as a housekeeper, “you’ll never be sorry for this, for some day everything I have will be yours when I’m gone” was […]
RAND v. RAND, 56 N.H. 421 (1876)
RAND v. RAND. Supreme Court of New Hampshire FROM MERRIMACK CIRCUIT COURT. Decided March 22, 1876. Reference of divorce case — Practice. When a libel for divorce has been sent to a referee, under the act of 1874, neither party is entitled, as matter of legal right, to a trial of the facts de novo […]
PERHAM v. LANE, 76 N.H. 580 (1912)
83 A. 805 PERHAM v. LANE. Supreme Court of New Hampshire Merrimack. Decided June 4, 1912. BILL IN EQUITY, to foreclose a mortgage. The defendant filed an answer denying the execution of the conveyance and also alleging that if she did it was to secure the payment of her husband’s debt. Upon the trial the […]
K B v. TOWN OF AUBURN, 153 N.H. 566 (2006)
904 A.2d 697 K B ROCK CRUSHING, LLC a. v. TOWN OF AUBURN. No. 2005-211.Supreme Court of New Hampshire Rockingham.Submitted: March 16, 2006. Opinion Issued: May 19, 2006. 1. Environment and Natural Resources — Environmental Protection — Permits Applicants for an excavation permit failed in their argument that because the “regulator” was a planning board […]
BENOIT v. TEST SYSTEMS, 142 N.H. 47 (1997)
694 A.2d 992 SANDRA J. BENOIT v. TEST SYSTEMS, INC. No. 95-641Supreme Court of New Hampshire Hillsborough-southern judicial district Decided May 28, 1997 1. Judgments — Summary Judgment — Practice and Procedure A trial court may grant summary judgment when a case presents no genuine issue of material fact and the moving party is entitled […]
EASTERN ELECTRIC c. CO. v. EKDAHL, 84 N.H. 339 (1930)
150 A. 549 EASTERN ELECTRIC SUPPLY Co. v. ERNEST L. EKDAHL a. (trading as Ekdahl Brothers.) Supreme Court of New Hampshire Hillsborough. Decided May 6, 1930. A finding that there was no evidence of a partnership inter se is justified by special findings of the absence of proof of the usual evidentiary tests of such […]
MILTON DOW v. TOWN OF EFFINGHAM, 148 N.H. 121 (2002)
803 A.2d 1059 E. MILTON DOW v. TOWN OF EFFINGHAM No. 2001-084Supreme Court of New Hampshire CarrollArgued May 8, 2002 Opinion Issued July 25, 2002 1. Constitutional Law — Police Power — Generally A substantive due process challenge to an ordinance questions the fundamental fairness of an ordinance both generally and in the relationship of […]
IN RE JUVENILE, 156 N.H. 482 (2007)
IN RE JUVENILE 2006-833. No. 2006-833.Supreme Court of New Hampshire. Laconia Family Division.Argued: October 18, 2007. Opinion Issued: December 4, 2007. 1. Parent and Child — Termination of Parental Rights — Tests and Standards In assessing the State’s efforts under the statutes requiring the State to provide services and make reasonable efforts to reunify a […]
SCOTT v. KNIGHT, 67 N.H. 500 (1893)
38 A. 120 SCOTT, Assignee, v. KNIGHT, Ap’t. Supreme Court of New Hampshire Rockingham. Decided December, 1893. On an examination, under P. S., c. 201, s. 27, of a person having in his possession assets of an insolvent debtor, the probate court has no authority to make a decree that such person shall deliver the […]
GALVIN v. PIERCE, 72 N.H. 79 (1903)
54 A. 1014 GALVIN v. PIERCE. Supreme Court of New Hampshire Rockingham. Decided April 7, 1903. A laborer employed in excavating rocks and attaching chains thereto, and a foreman who directs the operation of a derrick by which the stones are hoisted, are fellow-servants within the rule exempting the master from responsibility for an injury […]
STATE v. JOHNSON, 130 N.H. 578 (1988)
547 A.2d 213 THE STATE OF NEW HAMPSHIRE v. MILAN JOHNSON, JR. No. 87-010Supreme Court of New Hampshire Sullivan Decided July 8, 1988 1. Sexual Assault — Aggravated Felonious Sexual Assault — Threats of Retaliation Retaliatory threats, within the meaning of the aggravated felonious sexual assault statute, are not required to be express. RSA 632-A:2, […]
KINGSBURY v. BAZELEY, 75 N.H. 13 (1908)
70 A. 916 KINGSBURY a., Ex’rs, v. BAZELEY a. Supreme Court of New Hampshire Cheshire. Decided June 2, 1908. In the absence of any provision in the will, pecuniary legacies are ordinarily payable at the end of a year from the death of the testator, without interest; and if not then paid, they bear interest […]
FRANKLIN v. INSURANCE CO., 70 N.H. 251 (1899)
47 A. 91 FRANKLIN a. v. NEW HAMPSHIRE FIRE INSURANCE CO. SAME v. PALATINE INSURANCE CO. NEW HAMPSHIRE FIRE INSURANCE CO. v. FRANKLIN a. PALATINE INSURANCE CO. v. SAME. Supreme Court of New Hampshire Coos. Decided December, 1899. An agreement for arbitration is revoked by the refusal of either party to proceed further, or by […]
HALL v. CONCORD, 71 N.H. 367 (1902)
52 A. 864 HALL v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided May 6, 1902. The commissioner of highways for the city of Concord is not an agent or servant of the municipality, but an independent public officer, for whose misfeasance, or that of his employees, the city is not liable. Where the duty […]
DINNIN v. HUTCHINS, 75 N.H. 470 (1910)
76 A. 126 DINNIN v. HUTCHINS Tr. Supreme Court of New Hampshire Merrimack. Decided April 5, 1910. The words “directors, trustees, or managers,” in section 13, chapter 219, Public Statutes, are used synonymously and mean the board of control of a corporation. A foreign corporation which has no clerk, treasurer, cashier, or member of its […]
BROWN v. FERREN, 73 N.H. 6 (1904)
58 A. 870 BROWN, Ex’r, v. FERREN a. Supreme Court of New Hampshire Hillsborough. Decided July 1, 1904. Where a will directs an executor to pay certain indebtedness of a mortgagor whenever the same shall be reduced “by him” to a specified sum, the legacy is dependent upon a reduction of the debt by the […]
HOLMAN v. MANNING, 65 N.H. 228 (1889)
19 A. 1002 HOLMAN v. MANNING Trs. Supreme Court of New Hampshire Rockingham. Decided December, 1889. Judicial proceedings conducted according to the law and settled practice of this state are not forbidden by the fourteenth amendment of the constitution of the United States. At the October trial term, 1889, the defendant appeared and moved for […]
DUFORD v. DUFORD, 119 N.H. 515 (1979)
403 A.2d 431 ANNE M. DUFORD v. MICHAEL A. DUFORD No. 79-065Supreme Court of New Hampshire Merrimack Decided June 27, 1979 Divorce — Jurisdiction of Court — Personal Jurisdiction Since husband was married in New Hampshire, lived there with plaintiff as husband and wife, fathered their child there and maintained his domicile in State, court […]
THOMSON v. CASH, 117 N.H. 653 (1977)
377 A.2d 135 MELDRIM THOMSON, JR. v. KEVIN R. CASH a. No. 7765Supreme Court of New Hampshire Hillsborough Decided August 1, 1977 1. Records — Inspection — Court Records Absent some overriding consideration or special circumstance such as court rule specifying nondisclosure of court record in probation matter or marital case, or provision allowing protective […]
MARSTON v. LIFE INS. CO., 59 N.H. 92 (1879)
MARSTON v. THE MASSACHUSETTS LIFE INSURANCE COMPANY. Supreme Court of New Hampshire Merrimack. Decided June, 1879. The declaration of the agent of a life insurance company, having notice of the death of the assured, that the policy was forfeited by, a failure to pay the premium when due, and making no objection to the want […]
SWEENEY v. WILLETTE, 98 N.H. 512 (1954)
104 A.2d 398 ETHEL M. SWEENEY a. v. ALFRED WILLETTE. No. 4277.Supreme Court of New Hampshire Coos.Argued March 3, 1954. Decided March 31, 1954. The discretionary granting of a requested view of the cab of defendant’s truck was not error although its condition had changed since the accident where the jury had the benefit of […]
STATE v. BALL, 70 N.H. 40 (1899)
46 A. 50 STATE v. BALL. Supreme Court of New Hampshire Strafford. Decided December, 1899. A statute designed to prevent fraud and imposition in the use of oleomargarine as an article of food is a legitimate exercise of the police power and not in conflict with the constitution. INDICTMENT, under chapter 115, Laws 1895, charging […]
HOLLAND v. N.H. BOARD OF CHIROPRACTIC EXAMINERS, 119 N.H. 17 (1979)
396 A.2d 556 SHELLEY B. HOLLAND a. v. NEW HAMPSHIRE BOARD OF CHIROPRACTIC EXAMINERS a. No. 78-257Supreme Court of New Hampshire Sullivan Decided January 12, 1979 Physicians and Surgeons — Regulation of Practice — Chiropractic Examinations New Hampshire Board of Chiropractic Examiners is authorized to conduct an oral clinical examination in addition to the written […]
STATE v. DEROSIA, 94 N.H. 228 (1946)
50 A.2d 231 STATE v. CLARENCE R. DEROSIA. No. 3618.Supreme Court of New Hampshire Merrimack. Decided December 23, 1946. An indictment reciting that the respondent passenger in a motor vehicle “feloniously was present aiding, abetting and assisting the [driver of such vehicle], the felony, crime and offense . . . to do and commit” charges […]
BROOKFIELD v. SAWYER, 68 N.H. 406 (1895)
39 A. 257 BROOKFIELD v. SAWYER. Supreme Court of New Hampshire Carroll. Decided December, 1895. The fraudulent grantee of a homestead cannot maintain trespass, qu. cl., against a creditor of the grantor who has subsequently taken a part of it on execution. TRESPASS, quare clausum. Trial by jury and verdict for the defendants. September 5, […]
McINTIRE v. McINTIRE, 64 N.H. 609 (1888)
15 A. 218 McINTIRE, Ap’t, v. McINTIRE, Ex’x. Supreme Court of New Hampshire Coos. Decided June, 1888. A son living at the time of the execution of his father’s will cannot contest the allowance of the will on the ground that he is not named or referred to in it. APPEAL, from a decree of […]
NINE v. CHESTERFIELD, 157 N.H. 361 (2008)
NINE A, LLC v. TOWN OF CHESTERFIELD. No. 2007-475.Supreme Court of New Hampshire. Cheshire.Argued: April 30, 2008. Opinion Issued: June 3, 2008. 1. Zoning and Planning — Generally —Exceptions, Variances, and Nonconforming Uses An applicant bears the burden of proving the following five conditions in order to obtain a variance: (1) the variance will not […]
RUSSELL v. WHITCOMB, 100 N.H. 171 (1956)
121 A.2d 781 GERARD F. RUSSELL a. v. ARTHUR WHITCOMB, INC. No. 4470.Supreme Court of New Hampshire Cheshire.Argued March 6, 1956. Decided March 29, 1956. An independent construction contractor engaged by a city to excavate a public highway and construct a sewer line therein may be held liable to third parties who may foreseeably be […]
FLOYD v. VERRETTE, 79 N.H. 316 (1919)
108 A. 693 CHARLES M. FLOYD a. v. MOISE VERRETTE, Mayor. Supreme Court of New Hampshire Hillsborough. Decided December 2, 1919. The mayor of the city of Manchester is not authorized by its amended charter (Laws 1915, c. 302, s. 3) to suspend the superintendent of its waterworks who has been duly appointed by the […]
BROMFIELD v. SEYBOLT MOTORS INC., 113 N.H. 525 (1973)
309 A.2d 914 VIRGINIA BROMFIELD, ADMINISTRATRIX, ESTATE OF LAWRENCE BROMFIELD v. SEYBOLT MOTORS INC. a. IAFOLLA CONSTRUCTION COMPANY v. SEYBOLT MOTORS INC. SEYBOLT OIL SERVICE INC. v. SEYBOLT MOTORS INC. No. 6548Supreme Court of New Hampshire Rockingham Decided September 28, 1973 1. Evidence warranted a finding that defendant was negligent in repairing pump that transmitted […]
DAVIS v. INSURANCE CO., 67 N.H. 218 (1892)
34 A. 464 DAVIS v. AETNA MUTUAL FIRE INSURANCE CO. DAVIS v. AMERICAN MANUFACTURERS’ MUTUAL FIRE INSURANCE CO. DAVIS v. HOME MANUFACTURERS’ INSURANCE CO. Supreme Court of New Hampshire Merrimack. Decided June, 1892. When an insurance policy is issued in New Hampshire by a New Hampshire company to a resident of Massachusetts on property situate […]
WASON v. BURNHAM, 68 N.H. 553 (1896)
44 A. 693 WASON Ap’t, v. BURNHAM, Ex’r. Supreme Court of New Hampshire Hillsborough. Decided June, 1896. In an action against an executor, his admission of the justice of the plaintiff’s claim is admissible against him. APPEAL, from the report of the commissioner on the estate of William Perkins disallowing the plaintiff’s claim. Verdict for […]
STATE v. PENNOYER, 65 N.H. 113 (1889)
18 A. 878 STATE v. PENNOYER. Supreme Court of New Hampshire Rockingham. Decided June, 1889. One of two classes of physicians, differing only in respect to residence, cannot be subjected to the expense of obtaining a license from which the other is exempt. INDICTMENT, for practising medicine without a license. The defendant moved to quash. […]
CARBUR’S, INC. v. A S OFFICE CONCEPTS, INC., 122 N.H. 421 (1982)
445 A.2d 1109 CARBUR’S, INC. v. A S OFFICE CONCEPTS, INC. a. No. 81-425Supreme Court of New Hampshire Grafton Decided May 12, 1982 1. Judgments — Summary Judgment — Burden of Proof A party moving for a summary judgment must show the absence of a genuine issue of material fact and its entitlement to judgment […]
APPEAL OF ROCKINGHAM COUNTY TRUST CO., 125 N.H. 480 (1984)
485 A.2d 700 APPEAL OF ROCKINGHAM COUNTY TRUST COMPANY (New Hampshire Board of Trust Company Incorporation) No. 83-130Supreme Court of New Hampshire Board of Trust Company Incorporation Decided September 27, 1984 1. Administrative Law — Judicial Review — Decisions In appealing a decision of the board of trust company incorporation, the appellant has the burden […]
APPEAL OF CITY OF LACONIA, 135 N.H. 421 (1992)
605 A.2d 225 APPEAL OF CITY OF LACONIA (New Hampshire Public Employee Labor Relations Board) No. 90-545Supreme Court of New Hampshire Public Employee Labor Relations Board Decided March 25, 1992 1. Public Employees — Collective Bargaining — Bargaining Units Absent a showing that public employee labor relations board’s determination of a collective bargaining unit was […]
IN RE JUVENILE 2004-789, 153 N.H. 332 (2006)
IN RE JUVENILE 2004-789-A a. No. 2004-789.Supreme Court of New Hampshire Manchester District Court.Argued: September 14, 2005. Opinion Issued: April 7, 2006. 1. Schools — Pupils — Attendance In regard to liability for the special educational expenses for a child placed in a home for children, the determination of the sending district should be based […]
STATE v. PRUDENT, 161 N.H. 320 (2010)
THE STATE OF NEW HAMPSHIRE v. RICARDO PRUDENT. No. 2009-831.Supreme Court of New Hampshire. Hillsborough-southern judicial districtArgued: November 10, 2010. Opinion Issued: December 22, 2010. 1. Appeal and Error — Harmless Error — Criminal Cases The erroneous admission of evidence may be harmless if the State proves, beyond a reasonable doubt, that the verdict was […]
STATE v. SETTLE, 124 N.H. 832 (1984)
480 A.2d 6 THE STATE OF NEW HAMPSHIRE v. JOHN ALDEN SETTLE, JR. No. 84-012Supreme Court of New Hampshire Merrimack Decided April 20, 1984 1. Attorney and Client — Unauthorized Practice — Statutes There is no language in the provisions of the statute relating to unauthorized practice of law which requires or would suggest that […]
CONSOL. UTIL. EQUIPMENT SERV’S, INC. v. EMHART MFG., 123 N.H. 258 (1983)
459 A.2d 287 CONSOLIDATED UTILITY EQUIPMENT SERVICES, INC. v. EMHART MANUFACTURING CORPORATION No. 81-402Supreme Court of New Hampshire Merrimack Decided April 29, 1983 1. Torts — Contribution Between Joint Tortfeasors — Common Law The supreme court noted its long adherence to the traditional common-law rule prohibiting contribution among joint tortfeasors and said that judicial adoption […]
BROOKS v. PADULA, 125 N.H. 668 (1984)
485 A.2d 1032 ALAN S. BROOKS AND JILL BROOKS v. ANTHONY A. PADULA No. 83-295Supreme Court of New Hampshire Coos Decided November 9, 1984 1. Courts — Masters “Referees” under statute providing for the commitment of causes at law or in equity to referees include “masters”. RSA 519:9. 2. Courts — Masters — Appointment and […]
AMERICAN FIDELITY CO. v. SCHEMEL, 103 N.H. 190 (1961)
168 A.2d 478 AMERICAN FIDELITY COMPANY v. GEORGES SCHEMEL a. No. 4886.Supreme Court of New Hampshire Merrimack.Argued December 6, 1960. Decided March 7, 1961. 1. A liability policy requirement that written notice of the occurrence of an accident shall be given by the insured to the insurer as soon as practicable requires that notice be […]
KIMBALL v. BRIDGEWATER, 62 N.H. 694 (1882)
KIMBALL v. BRIDGEWATER SARGENT v. LITTLETON. Supreme Court of New Hampshire Grafton. Decided June, 1882. The question being decided in Wooster v. Plymouth, ante, 193, the case was discharged.
WESTON v. HUDSON, 78 N.H. 588 (1916)
97 A. 743 JESSE S. WESTON v. HUDSON. GUY H. HOPKINS v. SAME. GEORGE N. DOOLEY v. SAME. Supreme Court of New Hampshire Hillsborough. Decided April 4, 1916. ASSUMPSIT, to recover for services rendered and expenses incurred by the plaintiffs, selectmen of the defendant, while serving as members of a committee for the erection of […]
FIRST NAT’L BANK v. SAVINGS BANK, 71 N.H. 547 (1902)
53 A. 1017 FIRST NATIONAL BANK OF PORTSMOUTH v. PORTSMOUTH SAVINGS BANK. Supreme Court of New Hampshire Rockingham. Decided December 4, 1902. Mutual covenants by the owners of contiguous portions of a building, which provide that no change in the front thereof or in the principal entrance thereto shall be made by either party without […]
EDES v. HERRICK, 61 N.H. 60 (1881)
EDES v. HERRICK. Supreme Court of New Hampshire Sullivan. Decided June, 1881. A trustee, holding merely the naked legal title of land, charged with no duty except to convey it to the heirs of his grantor, cannot, after a conveyance by his grantor with covenants of warranty, maintain a writ of entry for the land […]
STATE v. PLACE, 126 N.H. 613 (1985)
495 A.2d 1253 THE STATE OF NEW HAMPSHIRE v. GARY PLACE No. 84-292Supreme Court of New Hampshire Merrimack Decided June 17, 1985 1. Appeal and Error — Evidence — Sufficiency of Evidence In determining the sufficiency of the evidence to support the jury’s verdict in a criminal case, the supreme court must consider all of […]
SMITH v. PHILLIPS, 69 N.H. 470 (1898)
43 A. 183 SMITH v. PHILLIPS a. Supreme Court of New Hampshire Merrimack. Decided December, 1898. An action at law cannot be maintained upon a parol agreement to lease land for a term of years. Part performance of such an agreement does not take the case out of the statute of frauds, so as to […]
NUTTER v. PEARL, 71 N.H. 247 (1902)
51 A. 897 NUTTER v. PEARL. Supreme Court of New Hampshire Strafford. Decided March 7, 1902. In an action for injuries sustained by a collision with a stepping-stone, the liability of the defendant is not conclusively established by the fact that the stone was maintained by him within the limits of the highway, in violation […]
STATE v. FLEURY, 111 N.H. 294 (1971)
282 A.2d 873 STATE v. WILFRED D. FLEURY. No. 5691.Supreme Court of New Hampshire Hillsborough. Decided October 5, 1971. 1. The record in the case at bar disclosed that the conduct of defendant’s original counsel was within the range of competence required of attorneys representing defendants in criminal cases, and that the defendant received a […]
FELLOWS BOX CO. v. MILLS, 86 N.H. 267 (1933)
167 A. 153 FELLOWS BOX COMPANY v. ARTHUR E. MILLS. Supreme Court of New Hampshire Rockingham. Decided June 6, 1933. Preexisting conditions of inequality between creditors as respects the security for their debts do not invalidate a composition agreement wherein those conditions are undisclosed. The rule that no action can be maintained upon a private […]
OPINION OF THE JUSTICES, 137 N.H. 270 (1993)
627 A.2d 92 OPINION OF THE JUSTICES. No. 93-155.Supreme Court of New Hampshire (Current Use Reimbursement Program). Request of the House. Decided June 14, 1993. 1. Taxation — Assessment of Real Property Taxes — Land Use Assessing penalty in addition to land use change tax for change in use which occurred within 10 years of […]
BROWN v. BERRY, 78 N.H. 595 (1916)
99 A. 1069 DANA J. BROWN, Guardian, v. OLIVER P. BERRY a. Supreme Court of New Hampshire Carroll. Decided October 3, 1916. PETITION, by the owner of the grist-mill to modify the receiver’s instructions. The proceeding is a branch of the same litigation heretofore before the court and reported in 71 N.H. 117, 128; 72 […]
BECK v. TOWN OF RAYMOND, 118 N.H. 793 (1978)
394 A.2d 847 RICHARD BECK v. THE TOWN OF RAYMOND No. 78-074Supreme Court of New Hampshire Rockingham Decided November 17, 1978 1. Zoning — Land Use Regulations — Growth Restrictions Authority to enact land use regulations for the purpose of restricting growth is embodied in the power to zone. RSA 31:60. 2. Zoning — Land […]
LAMBERTON v. DINSMORE, 75 N.H. 574 (1910)
78 A. 620 LAMBERTON a. v. DINSMORE a. Supreme Court of New Hampshire Sullivan. Decided December 6, 1910. A judgment is binding upon a party in interest who files a formal statement of defence as a part of the record in the case. BILL IN EQUITY, brought by husband and wife to enjoin interference with […]
STATE v. ARMSTRONG, 151 N.H. 686 (2005)
867 A.2d 465 THE STATE OF NEW HAMPSHIRE v. KEVIN M. ARMSTRONG. No. 2004-132.Supreme Court of New Hampshire Rockingham.Argued: November 30, 2004. Opinion Issued: January 25, 2005. 1. Criminal Law — Victims — Restitution Defendant may be held liable for economic losses directly resulting from the factual allegations that support the conduct covered by the […]
ELCA OF N.H., INC. v. McINTYRE, 129 N.H. 114 (1987)
523 A.2d 90 ELCA OF NEW HAMPSHIRE, INC., ELLIOTT TAYLOR a. v. THOMAS McINTYRE a., AS TRUSTEES FOR McINTYRE PROPERTIES No. 85-515Supreme Court of New Hampshire Belknap Decided March 5, 1987 1. Landlord and Tenant — Rent and Lease Agreements — Construction When restrictions in leases are express, or clearly implied from the language of […]
ROBERTS v. TAMWORTH, 96 N.H. 223 (1950)
73 A.2d 119 GEORGE W. ROBERTS, Ex’r v. TAMWORTH a. No. 3883.Supreme Court of New Hampshire Carroll. Decided May 2, 1950. The testatrix’ failure to prevent lapse of a legacy where the will as a whole showed familiarity with legal terms and the principle of lapsed legacies is indicative of an intentional omission. Ordinarily a […]
BOULTON v. CLOUGH, 96 N.H. 404 (1951)
77 A.2d 853 RICHARD I. BOULTON, Adm’r a. v. FRANK E. CLOUGH a. No. 3958Supreme Court of New Hampshire Hillsborough Decided January 2, 1951 A bequest of income, unlimited as to time and without any disposition of the corpus of the fund, is a bequest of such corpus. In determining the value of a business […]
TAYLOR-BOREN v. ISAAC, 143 N.H. 261 (1998)
723 A.2d 577 KATHLEEN TAYLOR-BOREN v. ANDREW L. ISAAC, ESQ. a. Nos. 96-500, 96-816Supreme Court of New Hampshire Merrimack Decided December 30, 1998 1. Jury — Right to Jury in Civil Actions — Particular Cases Plaintiff’s timely request for jury trial on breach of contract and legal malpractice claim against her former attorney should have […]