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 […]
Category: New Hampshire Court Opinions
EXETER BANKING CO. v. TAYLOR, 85 N.H. 458 (1932)
160 A. 733 EXETER BANKING COMPANY v. FRANK W. TAYLOR a. SAME v. WILBUR H. YOUNG a. Supreme Court of New Hampshire Rockingham. Decided May 3, 1932. A bond insuring a bank against any loss which it might sustain through any act of fraud and dishonesty of an employee is to be broadly interpreted to […]
PETITION OF BOSTON MAINE RAILROAD, 82 N.H. 116 (1925)
129 A. 880 PETITION OF BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Decided June 25, 1925. The public service commission is an agency of limited powers and authority, having no powers other than such as are conferred upon it, expressly or by fairly implied inference, by legislative enactment. The public service commission has no […]
BLAKE v. HICKEY, 93 N.H. 318 (1945)
41 A.2d 707 FRANK L. BLAKE v. CLYDE HICKEY a. No. 3506.Supreme Court of New Hampshire Coos. Decided March 6, 1945. The uninterrupted use made of a road by those who had occasion to use it as members of the general public under a claim of right and without permission of the owner, for more […]
COUNTY v. KIMBALL, 62 N.H. 67 (1882)
COUNTY OF MERRIMACK v. KIMBALL, Guardian. Supreme Court of New Hampshire Merrimack. Decided June, 1882. A county which has paid for the support of an insane person, committed to the asylum by the judge of probate, cannot recover the money so paid of such person’s guardian. ASSUMPSIT, to recover money paid for board of Woodward […]
STACY v. COMPANY, 83 N.H. 281 (1928)
141 A. 467 ILENE D. STACY, Adm’x, v. F. M. HOYT SHOE COMPANY. Supreme Court of New Hampshire Hillsborough. Decided April 3, 1928. Whether a release of one joint tortfeasor bars action against the others is determined by the question whether the settlement constitutes a satisfaction of the entire claim for the injury sustained; the […]
WOLFMAN v. WEBSTER, 77 N.H. 24 (1913)
86 A. 259 JULIUS WOLFMAN v. CLEON L. WEBSTER, HENRY W. WEBSTER, Tr. Supreme Court of New Hampshire Hillsborough. Decided March 4, 1913. Where a trustee is directed to expend the income of the estate as he shall deem most beneficial to the cestui que trust, he is not chargeable in an action of foreign […]
STATE v. BEEDE, 119 N.H. 620 (1979)
406 A.2d 125 THE STATE OF NEW HAMPSHIRE v. WILLIAM R. BEEDE No. 79-054Supreme Court of New Hampshire Grafton Decided August 17, 1979 1. Evidence — Past Offenses — Admissibility Subject to the exercise of judicial discretion, evidence of a defendant’s prior convictions is admissible when the defendant has raised the issue of his character […]
STATE v. PHINNEY, 117 N.H. 145 (1977)
370 A.2d 1153 STATE OF NEW HAMPSHIRE v. JAMES E. PHINNEY, JR. No. 7532Supreme Court of New Hampshire Rockingham Decided February 28, 1977 1. Constitutional Law — Confessions — Admissibility The jury was properly instructed that, before it could consider the defendant’s confessions as evidence, the state would have to show beyond a reasonable doubt […]
IN RE WESLEY B., 145 N.H. 428 (2000)
764 A.2d 396 IN RE: WESLEY B. No. 98-471Supreme Court of New Hampshire Manchester District Court Decided November 22, 2000 1. Criminal Law — Confessions — Voluntariness Under New Hampshire Constitution, State must prove beyond a reasonable doubt that an accused’s statements were voluntary. N.H. CONST. pt. I, art. 15. 2. Criminal Law — Confessions […]
GREEN MT. INS. CO. v. BONNEY, 131 N.H. 762 (1989)
561 A.2d 1057 GREEN MOUNTAIN INSURANCE COMPANY v. ORVIS W. BONNEY, JR. No. 88-381Supreme Court of New Hampshire Merrimack Decided July 13, 1989 1. Judgments — Summary Judgment — Generally Summary judgment is a procedure designed to save time, effort, and expense and to streamline the administration of justice by avoiding formal trial of cases […]
MORRISON v. INSURANCE CO., 64 N.H. 137 (1886)
7 A. 378 MORRISON a. v. INS. CO. OF N. AMERICA. Supreme Court of New Hampshire Grafton. Decided June, 1886. A special verdict, finding a contract of insurance made by the delivery of a policy to the plaintiffs’ agent, and also finding a concealment of the insurance from the plaintiff, held, upon the facts of […]
STATE v. ROWMAN, 116 N.H. 41 (1976)
352 A.2d 737 STATE OF NEW HAMPSHIRE v. PHILIP J. ROWMAN a. No. 7270Supreme Court of New Hampshire Nashua District Court Decided January 31, 1976 1. One of the statutory prerequisites for entering an order authorizing the interception of a wire or oral communication is that the superior court must find that other investigative procedures […]
WEEKS v. FOWLER, 71 N.H. 221 (1902)
51 A. 624 WEEKS v. FOWLER, Trustee. Supreme Court of New Hampshire Belknap. Decided January 9, 1902. An action of replevin cannot be maintained in a state court for property in the possession of a trustee in bankruptcy by virtue of federal process. REPLEVIN, against the defendant as trustee in bankruptcy of J. P. C. […]
SHAKA v. SHAKA, 120 N.H. 780 (1980)
424 A.2d 802 NAPOLEON SHAKA a. v. JAMES A. SHAKA, EXECUTOR, ESTATE OF ZELLA SHAKA No. 80-066Supreme Court of New Hampshire Hillsborough Decided December 3, 1980 1. Trial — Instructions — Evidentiary Basis In proceedings to determine the existence of oral contract between husband and wife to execute irrevocable wills leaving property to each other […]
DOLPH v. HAGER, 101 N.H. 403 (1958)
144 A.2d 915 ANNA K. DOLPH, Adm’x v. MARIE E. HAGER. No. 4632.Supreme Court of New Hampshire Strafford.Argued September 3, 1958. Decided October 7, 1958. 1. The resolving of a conflict of testimony on the issue of whether a binding agreement for settlement of litigation had been made between opposing counsel was within the province […]
STATE v. HUDSON, 119 N.H. 963 (1979)
409 A.2d 1349 THE STATE OF NEW HAMPSHIRE v. LELAND W. HUDSON No. 79-193Supreme Court of New Hampshire Merrimack Decided December 28, 1979 1. Constitutional Law — Speedy Trial — Tests In determining whether there has been a denial of a defendant’s right to a speedy trial, the factors to consider are: (1) the length […]
ALBERT v. CITY OF LACONIA, 134 N.H. 355 (1991)
592 A.2d 1147 DAVID R. ALBERT a. v. CITY OF LACONIA No. 90-353Supreme Court of New Hampshire Belknap Decided June 12, 1991 1. Statutes — Construction and Application — Construction as a Whole Although neither charter “amendment” nor charter “revision” is defined by New Hampshire’s municipal “home rule” statute, an examination of the procedures required […]
HUDSON v. FARM FAMILY MUT. INS. CO., 142 N.H. 144 (1997)
697 A.2d 501 RODNEY F. HUDSON v. FARM FAMILY MUTUAL INSURANCE COMPANY No. 96-236Supreme Court of New Hampshire Cheshire Decided July 7, 1997 1. Insurance — Policies — Construction An insurance policy is interpreted in the same manner as any other contract. If the language of a policy is reasonably susceptible to more than one […]
STATE v. MICHAUD, 135 N.H. 723 (1992)
610 A.2d 354 THE STATE OF NEW HAMPSHIRE v. PAUL MICHAUD No. 90-567Supreme Court of New Hampshire Carroll Decided July 10, 1992 1. Evidence — Past Acts — Admissibility To admit evidence of prior bad acts courts must first determine that evidence is relevant for a purpose other than to prove character or disposition, there […]
FIRST N.H. MORTGAGE CORP. v. GREENE, 139 N.H. 321 (1995)
653 A.2d 1076 FIRST N.H. MORTGAGE CORP. v. BARRY A. GREENE a. No. 93-194Supreme Court of New Hampshire Hillsborough-southern judicial district Decided January 20, 1995 1. Mortgages — Foreclosure — Parties In his role as a seller, the mortgagee’s duty of good faith and due diligence is essentially that of a fiduciary; this fiduciary duty […]
HILLIARD v. BOTHELL, 64 N.H. 313 (1886)
9 A. 99 HILLIARD v. BOTHELL Tr. Supreme Court of New Hampshire Coos. Decided December, 1886. A loan by the plaintiff of his own check, which the borrower uses as money, is like the loan of money. It is not necessary that the check should be paid by him before commencing a suit to recover […]
GROUT v. COLE, 57 N.H. 547 (1876)
GROUT v. COLE. Supreme Court of New Hampshire FROM COOS PROBATE COURT. Decided August 11, 1876. Probate appeal — Mistake — Accident. A creditor of the estate of a deceased person seasonably placed in the hands of his attorneys his appeal from the decree of the judge of probate, duly signed, and his bond duly […]
AMERICAN FEDERATION OF STATE c. EMPLOYEES v. KEENE, 108 N.H. 68 (1967)
227 A.2d 602 AMERICAN FEDERATION OF STATE c. EMPLOYEES v. KEENE a. No. 5488.Supreme Court of New Hampshire Cheshire.Argued December 6, 1966. Decided March 29, 1967. 1. Municipalities are authorized by statute (RSA 31:3 (supp))to enter into collective bargaining contracts with labor unions. 2. By virtue of such statute and the city charter of Keene […]
BELLAVANCE v. COMPANY, 99 N.H. 10 (1954)
104 A.2d 882 CONRAD BELLAVANCE, Adm’r v. NASHUA AVIATION AND SUPPLY COMPANY, INC. No. 4275.Supreme Court of New Hampshire Hillsborough.Argued April 6, 1954. Decided April 21, 1954. Whether the plaintiff, in an action against the defendant aviation company alleging that death resulted from a defective plane, assumed an inconsistent position with respect to the cause […]
STATE v. VAN WIE, 118 N.H. 31 (1978)
382 A.2d 372 THE STATE OF NEW HAMPSHIRE v. DAVID A. VAN WIE a. No. 7815Supreme Court of New Hampshire Hanover District Court Decided January 23, 1978 1. Trial — Transfer of Interlocutory Matters — Exceptional Circumstances Where misdemeanor cases presented new and important questions, exceptional circumstances existed under test regarding transfers of interlocutory matters. […]
CURRIER v. RAILROAD, 78 N.H. 586 (1916)
97 A. 741 EDDIE M. CURRIER, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided April 4, 1916. CASE, for negligence, to recover for the death of the plaintiff’s intestate, John E. Currier, a passenger upon the defendants’ road. At the close of the plaintiff’s evidence the defendants’ motions for a nonsuit […]
HAMPTON POLICE ASSOC., v. TOWN OF HAMPTON, 162 N.H. 7 (2011)
HAMPTON POLICE ASSOCIATION, INC. v. TOWN OF HAMPTON. No. 2010-323.Supreme Court of New Hampshire. Rockingham.Argued: March 17, 2011. Opinion Issued: April 28, 2011. 1. Records — Right to Inspect — Generally The interpretation of a statute, including the Right-to-Know Law, is to be decided ultimately by the New Hampshire Supreme Court. The purpose of the […]
ABBOTT v. ABBOTT, 78 N.H. 134 (1916)
97 A. 976 ELLEN S. ABBOTT v. ISABEL F. ABBOTT. Supreme Court of New Hampshire Merrimack. Decided March 7, 1916. In partition a sale of the premises will not be ordered where it would be inequitable to decree a sale. PETITION FOR PARTITION. The defendant filed an answer alleging that the property could not be […]
IN RE ESTATE OF FISCHER, 152 N.H. 669 (2005)
886 A.2d 996 IN RE ESTATE OF CATHERINE FISCHER. No. 2004-719.Supreme Court of New Hampshire Hillsborough County Probate Court.Argued: September 14, 2005. Opinion Issued: October 19, 2005. 1. Wills — Probate — Statutory Provisions In probate of a will in solemn form, the proponent of the will has the burden of proving its due execution. […]
MORRISON v. NOONE, 78 N.H. 338 (1917)
100 A. 45 ROBERT S. MORRISON v. ALBERT W. NOONE. Supreme Court of New Hampshire Hillsborough. Decided February 6, 1917. Declarations by a deceased owner as to the boundary of his land and those made by one employed thereon, since deceased, are admissible, if the declarants had means of knowledge and no interest to misrepresent. […]
STATE v. BERNARD, 141 N.H. 230 (1996)
680 A.2d 609 THE STATE OF NEW HAMPSHIRE v. JAMES BERNARD No. 94-802Supreme Court of New Hampshire Carroll Decided July 24, 1996 1. Criminal Law — Judgment and Sentence — Statutory Provisions Portion of RSA 262:23, I, governing habitual offenders, which covers suspension of sentence, applies to sentencing only and it limits the scope of […]
STATE v. WILSON, 115 N.H. 99 (1975)
333 A.2d 459 STATE OF NEW HAMPSHIRE v. BARRY J. WILSON AND ROSALIE C. WILSON No. 7069Supreme Court of New Hampshire Rockingham Decided February 28, 1975 1. In this State, a defendant who prevails in an eminent domain action may recover expert witness fees against the State. Page 100 2. The amount of expert witness […]
RESPONSE TO HOUSE OF REPS., 128 N.H. 23 (1986)
508 A.2d 1086 RESPONSE TO THE HONORABLE HOUSE OF REPRESENTATIVES No. 86-153 No. 86-154Supreme Court of New Hampshire Request of the House of Representatives Decided May 1, 1986 Courts — Supreme Court — Advisory Opinions Supreme court justices requested to be excused from the duty to return answers to two resolutions of the House of […]
ESTATE OF YOUNGE v. HUYSMANS, 127 N.H. 461 (1985)
506 A.2d 282 ESTATE OF LOUISE C. D. YOUNGE, BY ITS EXECUTOR, BANK OF NEW ENGLAND, N.A., AND NICHOLAS L. CUCCI a. v. JOHN G. HUYSMANS a. JOHN G. HUYSMANS a. v. ESTATE OF LOUISE C. D. YOUNGE, BY ITS EXECUTOR, BANK OF NEW ENGLAND, N.A., AND NICHOLAS L. CUCCI a. No. 84-462Supreme Court of […]
LACONIA NAT. BANK v. LAVALLEE, 96 N.H. 353 (1950)
77 A.2d 107 LACONIA NATIONAL BANK v. AMANDA LAVALLEE a. No. 3945.Supreme Court of New Hampshire Belknap. Decided December 5, 1950. A matter in issue means an essential element of a cause of action or a defense recognized by the law; things to be pleaded, as distinguished from those merely proved. Matters in issue once […]
KIMBALL v. PENHALLOW, 60 N.H. 448 (1881)
KIMBALL a., Ex’rs, v. PENHALLOW a. Supreme Court of New Hampshire Rockingham. Decided June, 1881. In a will bequeathing to four persons the sum of $2,000 each, with the limitation that “in the event of either the four dying without issue, his or her share to go to the survivors in equal parts, to have […]
NEW ENG. TEL. TEL. CO. v. STATE, 98 N.H. 211 (1953)
97 A.2d 213 NEW ENGLAND TELEPHONE TELEGRAPH COMPANY v. STATE. No. 4184.Supreme Court of New Hampshire Public Utilities Commission. Decided June 2, 1953. In an appeal from the decision of the Public Utilities Commission fixing permanent intrastate rates to be charged by a telephone utility rendering both interstate and intrastate service, the commission did not […]
STAVERS v. PHILBRICK, 68 N.H. 379 (1895)
36 A. 16 STAVERS v. PHILBRICK. Supreme Court of New Hampshire Rockingham. Decided December, 1895. A mortgage of real estate executed and delivered on the day preceding the assumption of the liability secured thereby, is not given to secure future advances, within the meaning of P. S., c. 139, s. 3. A mortgage intended to […]
STATE v. SMALL, 64 N.H. 491 (1887)
14 A. 727 STATE v. SMALL. Supreme Court of New Hampshire Coos. Decided December, 1887. In an indictment for a second offence, an averment of a conviction that gives no information of the time, court, or county in which the judgment was rendered, is insufficient. The provision of Gen. Laws, c. 109, s. 23, in […]
MERCHANTS MUT. INS. CO. v. TRANSFORMER SERV. INC., 112 N.H. 360 (1972)
298 A.2d 112 MERCHANTS MUTUAL INSURANCE COMPANY v. TRANSFORMER SERVICE., INC. No. 6303.Supreme Court of New Hampshire Merrimack. Decided November 3, 1972. 1. An automobile liability policy provision that excluded from coverage any liability assumed by an insured under any other contract or agreement was intended to limit the insurer’s liability to that resulting from […]
LOGIC ASSOC’S, INC. v. TIME SHARE CORP., 124 N.H. 565 (1984)
474 A.2d 1006 LOGIC ASSOCIATES, INC. v. TIME SHARE CORPORATION No. 82-524Supreme Court of New Hampshire Grafton Decided February 29, 1984 1. Arbitration — Waiver of Right — Particular Cases The supreme court affirmed the master’s recommendation that corporation’s right to arbitration, provided by a license and service agreement’s arbitration clause, was waived when the […]
PETERSON v. REILLY COMPANY, 110 N.H. 1 (1969)
259 A.2d 393 ABBIE M. PETERSON, Ex’x a. v. JOHN J. REILLY, INC. a. No. 5773.Supreme Court of New Hampshire Hillsborough. Decided November 28, 1969. 1. Where second mortgagees assigned a one-half interest in such mortgage to a corporation under seal and in consideration of the latter’s agreement to advance funds to the mortgagor to […]
IN RE JUVENILE 2004-469, 151 N.H. 706 (2005)
867 A.2d 467 IN RE JUVENILE. No. 2004-469.Supreme Court of New Hampshire Concord District Court.Submitted: January 12, 2005. Opinion Issued: February 4, 2005. 1. Minors — Crimes and Delinquency — Proceedings Juvenile failed in his argument that the trial court failed to comply with the mandatory time limits of the statute governing dispositional hearings by […]
STATE v. BUJNOWSKI, 130 N.H. 1 (1987)
532 A.2d 1385 THE STATE OF NEW HAMPSHIRE v. RICHARD BUJNOWSKI No. 86-349Supreme Court of New Hampshire Hillsborough Decided October 15, 1987 1. Trial — Argument of Counsel — Improper Argument In order for a court to find prosecutorial overreaching, the government must have, through gross negligence or intentional misconduct, caused aggravated circumstances to develop […]
CHELLIS v. GRIMES, 72 N.H. 104 (1903)
54 A. 943 CHELLIS a. v. GRIMES a. Supreme Court of New Hampshire Cheshire. Decided April 7, 1903. Where an agreement for a sale of personalty provides that possession is to be given at a future date, the title does not pass until delivery; and the vendee cannot maintain replevin for the property against the […]
MADSEN v. MADSEN, 109 N.H. 457 (1969)
255 A.2d 604 MARY K. MADSEN v. HARRY V. MADSEN. No. 5840.Supreme Court of New Hampshire Rockingham.Argued November 7, 1968. Decided June 30, 1969. 1. The standards of judicial review of an alimony decree sought to be modified, extended or renewed are (1) any modification order is always subject to review (2) such an order […]
AYERS v. LAIGHTON, 73 N.H. 487 (1906)
63 A. 43 AYERS, Ap’t, v. LAIGHTON, Adm’r. Supreme Court of New Hampshire Rockingham. Decided February 6, 1906. An administrator who receives the rents and profits of the intestate’s realty during an administration of the estate in the solvent course is not chargeable therefor upon the settlement of his account with the probate court. A […]
FRENCH v. PRESCOTT, 61 N.H. 27 (1881)
FRENCH a. v. PRESCOTT. Supreme Court of New Hampshire Hillsborough. Decided June, 1881. A building erected on leased land by the lessee thereof, under an agreement not to remove it, and that it is to be the property of the lessor is a part of the realty, and the interest of the lessee therein is […]
JESSEMAN v. AURELIO, 106 N.H. 529 (1965)
214 A.2d 743 NORMAN L. JESSEMAN v. MARY H. (SPENCER) AURELIO a. No. 5415.Supreme Court of New Hampshire Belknap.Argued November 4, 1965. Decided December 7, 1965. 1. To satisfy the statute of frauds (RSA 506:1) an agreement for the sale of real estate must be evidenced by a memorandum in writing signed by the party […]
THOMPSON v. ESTY, 69 N.H. 55 (1896)
45 A. 566 THOMPSON, Assignee, v. ESTY. Supreme Court of New Hampshire Belknap. Decided December, 1896. Under P. S., c. 201, s. 26, an assignee in insolvency cannot avoid a sale by the debtor, made in good faith and for a sufficient consideration, on the ground that it was fraudulent as to creditors because possession […]
McMANUS v. ROSEWOOD REALTY TRUST, 143 N.H. 78 (1998)
719 A.2d 600 LAWRENCE P. McMANUS v. ROSEWOOD REALTY TRUST, PATRICIA LARSON-KULAK, TRUSTEE No. 94-513Supreme Court of New Hampshire Rockingham Decided October 8, 1998 1. Appeal and Error — Standards of Review — Particular Cases Court on appeal from decision awarding auctioneer’s commission would uphold findings and rulings of trial court unless they were lacking […]
STATE v. PIERCE, 130 N.H. 7 (1987)
533 A.2d 34 THE STATE OF NEW HAMPSHIRE v. BENJAMIN FRANKLIN PIERCE No. 86-355Supreme Court of New Hampshire Merrimack Decided October 15, 1987 1. Constitutional Law — Confessions — Admissibility In challenge to admission of defendant’s confession on ground that it was involuntarily obtained following allegedly humiliating police investigatory procedures, in violation of his Miranda […]
CHESLEY v. HARVEY INDUS., 157 N.H. 211 (2008)
ELMER E. CHESLEY v. HARVEY INDUSTRIES, INC. No. 2007-682.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Submitted: March 27, 2008. Opinion Issued: April 22, 2008. 1. Appeal and Error — Record or Transcript —Adequacy While plaintiffs failure to file certain documents, particularly the original writ and the defendant’s motion to dismiss, was not sound practice, the […]
SCHOOL-LAW MANUAL, 63 N.H. 574 (1885)
4 A. 878 In re SCHOOL-LAW MANUAL. Supreme Court of New Hampshire Hillsborough. Decided December, 1885. Legislative power cannot be delegated to the supreme court or to a commissioner appointed under the joint resolution, c. 144, Laws of 1885. A statutory provision that certain rules and forms of school-law procedure, prepared by a commissioner, shall […]
STATE v. BERGEN, 141 N.H. 61 (1996)
677 A.2d 145 THE STATE OF NEW HAMPSHIRE v. SCOTT BERGEN No. 95-553Supreme Court of New Hampshire Concord District Court Decided May 23, 1996 1. Offenses — Sexual Offenses — Indecent Exposure Where a specific mental state is not provided for the offense, proof of a culpable mental state which is appropriate in light of […]
STATE v. DIAZ, 134 N.H. 662 (1991)
596 A.2d 725 THE STATE OF NEW HAMPSHIRE v. CARLOS GONZALEZ DIAZ No. 90-266Supreme Court of New Hampshire Rockingham Decided October 4, 1991 1. Searches and Seizures — Consent — Voluntary State carries the burden of establishing by a preponderance of the evidence, based upon the totality of the surrounding circumstances, that consent to a […]
LIBBY v. HUTCHINSON, 72 N.H. 190 (1903)
55 A. 547 LIBBY v. HUTCHINSON, Ex’r. Supreme Court of New Hampshire Coos. Decided June 2, 1903. Whether a claimant against the estate of a person deceased was guilty of culpable neglect in failing to bring suit within the time limited by law, and whether justice and equity require that he should have judgment for […]
STREETER v. LUMBER CO., 65 N.H. 201 (1889)
18 A. 651 STREETER v. CONNECTICUT RIVER LUMBER COMPANY. Supreme Court of New Hampshire Grafton. Decided June, 1889. No exception lies to the refusal of the court at the trial term to hear evidence as to whether the amount in controversy exceeds $100, and was so stated in the writ for the sole purpose of […]
CALLAGHAN v. KHOURY, 90 N.H. 389 (1939)
10 A.2d 241 FRANK D. CALLAGHAN, Trustee v. SOLOMON KHOURY a. No. 3127.Supreme Court of New Hampshire Strafford. Decided December 5, 1939. Bankruptcy of one partner terminates the partnership. A trustee under the bankruptcy act (section 75 (2)) is vested with all the rights and remedies of a judgment creditor holding an execution which has […]
BERGERON v. FONTAINE, 109 N.H. 370 (1969)
256 A.2d 656 EDWARD L. BERGERON v. LIONEL J. FONTAINE a. No. 5805.Supreme Court of New Hampshire Cheshire.Argued December 3, 1968. Decided June 3, 1969. 1. A petition for reformation of fire insurance policies to have plaintiff named therein as “payee” instead of as mortgagee, as his interest was erroneously described in the policies by […]
HOLZWORTH v. FULLER, 122 N.H. 643 (1982)
448 A.2d 394 KRISTEN L. HOLZWORTH v. PETER FULLER No. 81-442Supreme Court of New Hampshire Rockingham Decided July 7, 1982 1. Workmen’s Compensation — Actions Against Employer — Negligence Provision of workmen’s compensation law which sets forth the conclusive presumption that an employee accepts the provisions of the law and has waived all rights of […]
BIGWOOD v. MERRIMACK, 113 N.H. 538 (1973)
309 A.2d 895 JAMES BIGWOOD a. v. TOWN OF MERRIMACK WILLIAM MULLEN v. TOWN OF MERRIMACK No. 6596Supreme Court of New Hampshire Hillsborough Decided September 28, 1973 1. Town has authority under RSA 73:16-a to hold owners of mobile home parks responsible for the taxes on mobile homes of others located in their parks. Page […]
APPEAL OF ELEANOR GAGNON, 147 N.H. 366 (2001)
787 A.2d 874 APPEAL OF ELEANOR GAGNON a. (New Hampshire Compensation Appeals Board) Supreme Court of New Hampshire Compensation Appeals Board Nos. 2000-238, 2000-296 Decided December 24, 2001 1. Workers’ Compensation — Injuries or Illnesses Compensable— Loss of Earning Capacity In order to receive indemnity benefits, claimant must show a loss of earning capacity due […]
MILFORD PROPS., INC. v. TOWN OF MILFORD, 119 N.H. 165 (1979)
400 A.2d 41 MILFORD PROPERTIES, INC. v. TOWN OF MILFORD No. 78-172Supreme Court of New Hampshire Hillsborough Decided March 23, 1979 1. Taxation — Appraisal and Assessment — Abatements Burden is on plaintiff in property tax abatement proceeding to show that an abatement is justified, and that burden is satisfied only when the property owner […]
BAKER v. SMITH, 66 N.H. 422 (1890)
23 A. 82 BAKER a., Ap’ts, v. SMITH, Ap’lee. Supreme Court of New Hampshire Grafton. Decided December, 1890. A married woman cannot, by a gift causa mortis, so dispose of her estate as to deprive her husband of his distributive share therein. PROBATE APPEAL. Facts agreed. Alice G. Smith, the wife of the appellee, during […]
STATE v. COLLINS, 70 N.H. 218 (1899)
45 A. 1080 STATE v. COLLINS. Supreme Court of New Hampshire Hillsborough. Decided December, 1899. The statute prohibiting the sale of oleomargarine unless the substance is of some color other than that of yellow butter is not in conflict with the constitution of this state. When it is uncertain whether a statute of this state […]
MACIE v. HELMS, 156 N.H. 222 (2007)
TIMOTHY MACIE v. BOBBY L. HELMS a. No. 2006-792.Supreme Court of New Hampshire. Grafton.Argued: April 19, 2007. Opinion Issued: September 21, 2007. 1. Negligence — Duty — Generally To prevail on his negligence claim, the plaintiff must show: (1) the defendants owed him a duty; (2) the defendants breached this duty; and (3) the breach […]
OPINION OF THE JUSTICES, 136 N.H. 357 (1992)
616 A.2d 478 OPINION OF THE JUSTICES (Choice in Education) No. 92-236Supreme Court of New Hampshire Request of the Senate Decided November 18, 1992 1. Constitutional Law — Religious Freedom — Generally State Constitution recognizes both a natural and unalienable right to worship God according to the dictates of one’s own conscience and the fundamental […]
STATE v. WILKINSON, 136 N.H. 170 (1992)
612 A.2d 926 THE STATE OF NEW HAMPSHIRE v. KEVIN WILKINSON No. 91-242Supreme Court of New Hampshire Belknap Decided September 1, 1992 1. Searches and Seizures — Probable Cause — Generally Probable cause to search exists if a person of ordinary caution would be justified in believing that what is sought will be found in […]
BERQUIST v. COMPANY, 91 N.H. 428 (1941)
21 A.2d 169, 21 A.2d 726 NATALIE BERQUIST v. F. W. WOOLWORTH COMPANY. JOHN A. BERQUIST v. SAME. No. 3261.Supreme Court of New Hampshire Belknap. Decided June 25, 1941. In an action for injuries received from falling on an alleged defective stair giving entrance into defendant’s store, the plaintiff’s claim that she stepped upon a […]
EMERSON v. RAILROAD, 75 N.H. 427 (1910)
75 A. 529 EMERSON v. BOSTON MAINE RAILROAD a. Supreme Court of New Hampshire Merrimack. Decided February 1, 1910. A provision in a lease of one railroad corporation to another, by which the latter agreed to transport the stockholders of the former to and from their corporate meetings “free of charge,” is not rendered void […]
IN THE MATTER OF HEINRICH CUROTTO, 160 N.H. 650 (2010)
IN THE MATTER OF ERIC W. HEINRICH AND MARY ELLEN CUROTTO. No. 2009-305.Supreme Court of New Hampshire. Derry Family Division.Argued: April 22, 2010. Opinion Issued: September 17, 2010. 1. Parent and Child — Custody — Relocationof Parent Nothing in the relocation statute purports to limit its applicability to relocations proposed after a final divorce decree […]
MADSEN v. MADSEN, 106 N.H. 267 (1965)
209 A.2d 728 MARY K. MADSEN v. HARRY V. MADSEN. No. 5299.Supreme Court of New Hampshire Rockingham.Argued January 8, 1965. Decided April 30, 1965. 1. Where the Superior Court had jurisdiction over the parties domiciled in this state and issued a divorce decree (RSA 458:19) incorporating a stipulation of the parties providing that alimony payments […]
STATE v. AINSWORTH, 151 N.H. 691 (2005)
867 A.2d 420 THE STATE OF NEW HAMPSHIRE v. DOUGLAS AINSWORTH. No. 2003-614.Supreme Court of New Hampshire Belknap.Argued: November 9, 2004. Opinion Issued: February 4, 2005. 1. Trial — Criminal Cases — Jury Instructions — Failure to Object A contemporaneous objection is necessary to preserve a jury instruction issue for appellate review. 2. Trial — […]
BEANE v. DANA S. BEANE Co., 160 N.H. 708 (2010)
ALAN F. BEANE v. DANA S. BEANE Co., P.C. a. No. 2009-431.Supreme Court of New Hampshire. Belknap.Argued: March 31, 2010. Opinion Issued: September 22, 2010. 1. Pleading — Motion to Dismiss —Hearing A trial court’s evaluation of a motion to dismiss does not necessarily require an evidentiary hearing. The standard of review in considering a […]
IN THE MATTER OF CHOY, 154 N.H. 707 (2006)
IN THE MATTER OF MOISES CHOY AND ELSA CHOY. No. 2005-776.Supreme Court of New Hampshire Derry Family Division.Argued: October 18, 2006. Opinion Issued: January 18, 2007. 1. Divorce — Custody — Change in Circumstances Standard of former opinion setting forth a change in circumstance requirement for modifying child custody was superseded by enactment of statute […]
HANSEN v. HANSEN, 116 N.H. 329 (1976)
358 A.2d 409 NORMA E. HANSEN v. WALTER O. HANSEN No. 7376Supreme Court of New Hampshire Hillsborough Decided May 29, 1976 1. The orders of the trial court requiring blood tests to determine paternity could not be based on the repealed provisions of RSA ch. 168 or on the provisions of RSA ch. 168-A (Supp. […]
M. W. GOODELL CONST. CO. v. MONADNOCK SKATING CLUB, 121 N.H. 320 (1981)
429 A.2d 329 M. W. GOODELL CONSTRUCTION CO., INC. v. MONADNOCK SKATING CLUB, INC. MONADNOCK SKATING CLUB, INC. v. M. W. GOODELL CONSTRUCTION CO., INC. No. 80-364Supreme Court of New Hampshire Hillsborough Decided April 17, 1981 1. Contracts — Breach — Damages In breach of contract cases, the purpose of awarding damages is not merely […]
EMPLOYERS c. INS. CO. v. BYERS, 99 N.H. 455 (1955)
114 A.2d 888 EMPLOYERS MUTUAL LIABILITY INSURANCE CO. v. WILLIAM ALBERT BYERS a. No. 4404.Supreme Court of New Hampshire Merrimack.Argued May 3, 1955. Decided June 22, 1955. Where a motor vehicle liability policy of insurance provided that the “unqualified word insured” includes the named insured and those operating the vehicle with the insured’s consent and […]
TOWN OF MERRIMACK v. McCRAY, 150 N.H. 811 (2004)
846 A.2d 1176 TOWN OF MERRIMACK v. DAVID W. McCRAY (NORMAN CARR, INTERVENOR). No. 2003-484.Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued: February 11, 2004. Opinion Issued: April 21, 2004. 1. Parties — Intervention — Procedure Where a party did not file his motion to intervene until after plaintiff and defendant had filed their standard […]
TESSIER, EX’R v. TOWN OF HUDSON, 135 N.H. 168 (1991)
599 A.2d 1244 DONALD R. TESSIER, EXECUTOR v. TOWN OF HUDSON No. 91-049Supreme Court of New Hampshire Hillsborough Decided December 11, 1991 1. Zoning — Nonconforming Uses — Existing Uses Trial court’s finding that former zoning administrator’s actions constituted a de facto policy of issuing building permits for pre-existing substandard lots will not be disturbed […]
CLAREMONT SCHOOL DIST. v. GOVERNOR, 138 N.H. 183 (1993)
635 A.2d 1375 CLAREMONT SCHOOL DISTRICT a. v. GOVERNOR a. No. 92-711Supreme Court of New Hampshire Merrimack Decided December 30, 1993 1. Constitutional Law — New Hampshire Constitution — Education Encouragement of Literature clause of New Hampshire Constitution imposes a duty on the State to provide a constitutionally adequate education to every educable child and […]
LUMBERMEN’S MUT. c CO. v. ROZAN, 92 N.H. 328 (1943)
30 A.2d 474 LUMBERMEN’S MUTUAL CASUALTY CO. v. DOROTHY ROZAN a. SAME v. IRENE FALCONI a. No. 3359.Supreme Court of New Hampshire Hillsborough. Decided February 2, 1943. An occupational disease may be defined as one normally peculiar to and gradually caused by the occupation in which the afflicted employee is regularly engaged and to which […]
SINCLAIR v. REDINGTON, 58 N.H. 364 (1878)
SINCLAIR a., v. REDINGTON a. Supreme Court of New Hampshire Grafton. Decided June, 1878. Where the plaintiffs and other stockholders in an insolvent corporation, supposing themselves to be personally liable for the payment of the corporate indebtedness, join in as agreement with the defendants, who are also Stockholders in the same corporation, that the defendants, […]
TRUSTEES v. STREETER, 64 N.H. 106 (1886)
5 A. 845 TRUSTEES OF DONATIONS v. STREETER. Supreme Court of New Hampshire Sullivan. Decided June, 1886. A mortgagor in possession is liable upon covenants which run with the land. ASSUMPSIT, for use and occupation. Pleas, the general issue and statute of limitations. The writ is dated August 15, 1882. January 30, 1824, the plaintiffs, […]
CALLEY v. RAILROAD, 92 N.H. 455 (1943)
33 A.2d 227 FLORENCE CALLEY (by her mother and next friend) v. BOSTON MAINE RAILROAD. ELLA CALLEY v. SAME. ROSELLE MacDONALD (by her father and next friend) v. SAME. ROSELLE MacDONALD, SR. v. SAME. DANIEL F. MacDONALD v. SAME. LOUISE PEASE (by her husband and next friend) v. SAME. HAMILTON DOLBY (by his next friend) […]
SMART v. AMERICAN WELDING TANK CO., 149 N.H. 536 (2003)
826 A.2d 570 JOAN M. SMART, EXECUTRIX UNDER WILL OF JOHN E. SMART a. v. AMERICAN WELDING AND TANK COMPANY, INC. a. No. 2002-110Supreme Court of New Hampshire GraftonArgued February 12, 2003 Opinion Issued June 6, 2003 1. Commerce — Interstate Commerce — Federal Preemption When a case involves transportation in interstate commerce, federal law […]
CHAMPION v. SMITH, 113 N.H. 551 (1973)
311 A.2d 132 FREDERICK A. CHAMPION, father and next friend of GORDON CHAMPION v. THOMAS J. SMITH No. 6419Supreme Court of New Hampshire Rockingham Decided October 31, 1973 1. The record revealed sufficient evidence to support the trial court’s refusal to set aside as excessive a verdict in favor of plaintiff. 2. Trial court correctly […]
PAUL v. RIDER, 58 N.H. 119 (1877)
PAUL v. RIDER. Supreme Court of New Hampshire Rockingham. Decided August, 1877. In assumpsit, brought by one of two indorsers of a note against the other for contribution (the indorsement of the former being apparently prior to that of the latter), the former may prove by parol evidence that they were co-sureties. ASSUMPSIT, for money […]
BROWN v. FOWLER, 70 N.H. 634 (1900)
47 A. 412 BROWN v. FOWLER a. Supreme Court of New Hampshire Sullivan. Decided June, 1900. ASSUMPSIT. Trial by jury and verdict for the plaintiff. Ira Colby Son, for the plaintiff. Brown Dana, for the defendants. YOUNG, J. The defendants excepted to the court’s refusal to instruct the jury that the consideration of a promise […]
STATE v. MEALEY, 100 N.H. 228 (1956)
122 A.2d 921 STATE v. RICHARD MEALEY, JR. No. 4480.Supreme Court of New Hampshire Coos.Argued April 4, 1956. Decided May 31, 1956. An indictment under RSA 262:23 reciting that the respondent ran over and struck a person lying in the highway and failed to bring his motor vehicle to a stop and return to the […]
NASH v. COMPANY, 62 N.H. 406 (1882)
NASH v. THE NASHUA IRON STEEL COMPANY. Supreme Court of New Hampshire Hillsborough. Decided December, 1882 A laborer in the employment of a manufacturing corporation, who is injured by the fall of a steel ingot from a mass of such ingots carelessly piled by his fellow-laborers in the same employment, cannot recover of the corporation […]
STATE v. GERALD DAVIS, 108 N.H. 158 (1967)
229 A.2d 842 STATE v. GERALD P. DAVIS. No. 5562.Supreme Court of New Hampshire Hillsborough.Argued February 7, 1967. Decided May 23, 1967. 1. In an indictment for rape under RSA 585:16 the State is not required to allege or prove that the complaining witness was not the wife of the respondent; however, it is a […]
DODGE v. JANVRIN, 59 N.H. 16 (1879)
DODGE v. JANVRIN. Supreme Court of New Hampshire Rockingham. Decided June, 1879. Contracts for attorney’s services stand on the same ground and are governed by the same rules as other similar contracts for services. Whether the employment of an attorney to prosecute a petition for divorce was an entire contract, is a question of fact […]
IN RE PETITION FOR ADMISSION OF DEMERS, 130 N.H. 31 (1987)
533 A.2d 380 In re PETITION FOR INVOLUNTARY ADMISSION TO N.H. HOSPITAL OF DAVID F. DEMERS No. 87-032Supreme Court of New Hampshire Hillsborough County Probate Court Decided October 15, 1987 Mental Health — Commitment — Release Probate court has no power to limit the statutory authority of the superintendent of New Hampshire Hospital to discharge […]
TOWN v. FAULKNER, 56 N.H. 255 (1875)
TOWN v. FAULKNER. Supreme Court of New Hampshire FROM SULLIVAN CIRCUIT COURT. Decided December 21, 1875. Mill act of 1868 — Duty of committee. By the mill act of 1868, it seems that the mill-owner may elect to what height he will raise the water on the land of riparian owners above; and the assessment […]
PLYMOUTH FIRE DISTRICT v. WATER POLLUTION COMM’N, 103 N.H. 169 (1961)
167 A.2d 677 PLYMOUTH VILLAGE FIRE DISTRICT v. NEW HAMPSHIRE WATER POLLUTION COMMISSION. No. 4876.Supreme Court of New Hampshire Water Pollution Commission.Argued January 3, 1961. Decided February 7, 1961. 1. Where the State Water Pollution Commission pursuant to legislative classification of a stream (RSA 149:6 (supp)) ordered a town discharging untreated sewage therein to abate […]
TRUE v. CREAMERY, 72 N.H. 154 (1903)
55 A. 893 TRUE v. MEREDITH CREAMERY. Supreme Court of New Hampshire Belknap. Decided May 5, 1903. A patron of a creamery, who, while waiting about the building in the ordinary course of the business, stands in a passageway commonly used by such persons, is present at the invitation of the proprietor, who is bound […]
PITMAN v. HODGE, 67 N.H. 101 (1891)
36 A. 605 PITMAN v. HODGE. Supreme Court of New Hampshire Carroll. Decided December, 1891. If two parties orally agree that one of them shall buy on joint account certain land in which the other has an option, shall pay for it with his own money and take a deed in his own name, that […]