335 A.2d 659 STATE OF NEW HAMPSHIRE v. RUSSELL F. BAILEY No. 7063Supreme Court of New Hampshire Strafford Decided March 31, 1975 1. The imposition of an extended term of imprisonment under RSA 651:6(c), upon the finding by the trial court that defendant had twice previously been imprisoned on sentences in excess of one year, […]
Category: New Hampshire Court Opinions
TOWLE v. JANVRIN, 61 N.H. 605 (1882)
TOWLE v. JANVRIN a. Supreme Court of New Hampshire Rockingham. Decided June, 1882. A creditor’s bill to set aside a fraudulent conveyance of his debtor’s real estate is not open to demurrer by the fraudulent grantee on the ground that there is a plain and adequate remedy at law; but it is otherwise, and equity […]
McLAINE v. HEAD DOWST CO., 71 N.H. 294 (1902)
52 A. 545 McLAINE v. HEAD DOWST CO. Supreme Court of New Hampshire Hillsborough. Decided April 1, 1902. Where one person suffers injury through the negligence of another in the same service, the question whether they are fellow-servants within the rule exempting the master from responsibility is not determined by the fact that they were […]
CASSIDY v. MUDGETT, 71 N.H. 491 (1902)
53 A. 441 CASSIDY a. v. MUDGETT. Supreme Court of New Hampshire Carroll. Decided October 7, 1902. Where a former adjudication is interposed as a defence to an action of trespass quare clausum, it is competent for the plaintiff to show by extrinsic evidence the matters determined by the prior litigation. If the defendant in […]
McCONNELL v. McCONNELL, 75 N.H. 385 (1909)
74 A. 875 McCONNELL v. McCONNELL a. Supreme Court of New Hampshire Merrimack. Decided December 7, 1909. The statute declaring that contracts made by a person under guardianship are invalid (P. S., c. 177, s. 25) does not prevent a ward from binding himself for necessary expenditures, by an implied promise to pay therefor. Questions […]
WOLFEBORO v. MILTON, 103 N.H. 174 (1961)
167 A.2d 435 WOLFEBORO v. MILTON. No. 4887.Supreme Court of New Hampshire Strafford.Argued December 6, 1960. Decided February 7, 1961. 1. An action under the statute (RSA 165:20) to recover sums expended for hospitalization furnished at the plaintiff town’s request to a pauper who had his settlement in the defendant town was held not maintainable […]
JACKSON v. RAY, 126 N.H. 759 (1985)
497 A.2d 1191 STANLEY W. JACKSON v. FLOYD R. RAY a. No. 84-183Supreme Court of New Hampshire Grafton Decided July 24, 1985 1. Estoppel — Government — Generally In order to find governmental estoppel, there must be proof of the following: first, there must have been a representation or concealment of material facts made with […]
MOARATTY v. HAMPTON, 110 N.H. 479 (1970)
272 A.2d 606 ROBERT MOARATTY v. TOWN OF HAMPTON. No. 6082.Supreme Court of New Hampshire Rockingham. Decided December 1, 1970. 1. A town is not liable for alleged negligent maintenance of a properly manufactured and designed drainage system where the damage to the plaintiff’s property by flooding resulted solely from an unusual and unexpected amount […]
IN THE MATTER OF VALENCE AND VALENCE, 147 N.H. 663 (2002)
798 A.2d 35 IN THE MATTER OF LISALYNN M. VALENCE AND DAVID P. VALENCE No. 2000-395Supreme Court of New Hampshire Brentwood Family DivisionArgued: January 17, 2002 Opinion issued: May 7, 2002 1. Divorce — Division of Property — Types ofProperty Interests As the owner of unvested stock options, defendant owned a contractual right to purchase […]
CARPENTER v. DALTON, 58 N.H. 615 (1879)
CARPENTER v. TOWN OF DALTON. Supreme Court of New Hampshire Coos. Decided March, 1879. A person who has color of title to land may apply for an abatement of the taxes assessed thereon. The court, in cases properly before it, has the same authority as selectmen to abate taxes. Page 616 The fact that a […]
LINLEE ENTERPRISES, INC. v. STATE, 122 N.H. 455 (1982)
445 A.2d 1130 LINLEE ENTERPRISES, INC. d/b/a JOE’S EQUIPMENT SERVICE AND DOVER ENERGY, INC. v. THE STATE OF NEW HAMPSHIRE a. No. 81-459Supreme Court of New Hampshire Grafton Decided May 17, 1982 1. Appeal and Error — Certification of Questions — Questions Considered In a declaratory judgment action brought by a corporation, which had been […]
STATE v. SARGENT, 148 N.H. 571 (2002)
813 A.2d 402 THE STATE OF NEW HAMPSHIRE v. Wayne B. Sargent No. 2000-487Supreme Court of New Hampshire BelknapArgued September 11, 2002 Opinion Issued November 26, 2002 1. Discovery — Production of Documents or Objects —Confidential or Privileged In a criminal prosecution for sexual assault, for the trial court to conduct an in camera review […]
JAQUES v. CHANDLER, 73 N.H. 376 (1905)
62 A. 713 JAQUES, Ap’t, v. CHANDLER, Ex’x, a. Supreme Court of New Hampshire Rockingham. Decided November 7, 1905. Under the statute authorizing the probate court, “for good cause shown,” to extend the time within which a husband may waive the provisions of his wife’s will in his favor, such extension may be granted whenever […]
AMERICAN MOTORISTS INS. CO. v. NASHUA LUMBER CO., 103 N.H. 147 (1960)
167 A.2d 681 AMERICAN MOTORISTS INSURANCE COMPANY v. NASHUA LUMBER COMPANY, INC. a. BOSTON INSURANCE COMPANY v. SAME. No. 4881.Supreme Court of New Hampshire Hillsborough.Argued November 2, 1960. Decided January 20, 1961. 1. In construing a policy of liability insurance affording coverage injuries arising out of the ownership, maintenance or use of a vehicle including […]
DAVIS v. COMPANY, 89 N.H. 520 (1938)
2 A.2d 448 MAE E. DAVIS v. W. T. GRANT COMPANY. Supreme Court of New Hampshire Hillsborough. Decided November 1, 1938. There can be no election between alternative remedies unless both are available. Where a workman’s employment does not bring him within the compensation act, his unsuccessful petition for compensation will not bar a subsequent […]
STATE v. GOODRICH, 116 N.H. 477 (1976)
363 A.2d 425 STATE OF NEW HAMPSHIRE v. JOSEPH A. GOODRICH STATE OF NEW HAMPSHIRE v. STEPHEN E. LAMONTAGNE STATE OF NEW HAMPSHIRE v. DAVID J. LAMONTAGNE STATE OF NEW HAMPSHIRE v. RICHARD G. OGILVIE No. 6728 No. 6729 No. 6730 No. 6731Supreme Court of New Hampshire Hillsborough Decided August 31, 1976 1. The defendant […]
PARKINSON v. STATE, 104 N.H. 534 (1963)
191 A.2d 361 MARTHA PARKINSON v. STATE. No. 5121.Supreme Court of New Hampshire Rockingham.Argued May 7, 1963. Decided May 28, 1963. 1. The fact that certain expert witnesses were permitted to testify as to the before and after value of a portion of plaintiff’s land taken for highway purposes by stating the number and value […]
BAXTER INT’L v. STATE, 140 N.H. 214 (1995)
665 A.2d 350 BAXTER INTERNATIONAL, INC., SUCCESSOR TO AMERICAN HOSPITAL SUPPLY CORP. v. THE STATE OF NEW HAMPSHIRE BAXTER TRAVENOL LABORATORIES, INC. v. THE STATE OF NEW HAMPSHIRE Nos. 94-087, 94-088Supreme Court of New Hampshire Merrimack Decided September 22, 1995 1. Taxation — Constitutional Requirements and Restrictions — Equality and Uniformity Although taxpayers argued RSA […]
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, […]
CLAREMONT v. RAND, 76 N.H. 116 (1911)
79 A. 689 CLAREMONT v. RAND a. Supreme Court of New Hampshire Sullivan. Decided April 4, 1911. Where the intent of a written contract is unmistakable, though not stated in terms, a reformation is unnecessary. Where taxpayers refuse to pay to a town a guaranteed income on an extension of water mains in accordance with […]
BARBER v. SCHOOL BOARD, 82 N.H. 426 (1926)
135 A. 159 GEORGE J. BARBER v. SCHOOL BOARD OF ROCHESTER a. Supreme Court of New Hampshire Strafford. Decided November 3, 1926. Public Laws, c. 123, s. 1, providing that vaccination shall be a condition of attendance upon public school is a valid exercise of the police power; and a new certificate for exemption from […]
STATE v. PAQUIN, 140 N.H. 525 (1995)
668 A.2d 47 THE STATE OF NEW HAMPSHIRE v. MARYANN PAQUIN No. 95-038Supreme Court of New Hampshire Hillsborough-southern judicial district Decided December 19, 1995 1. Criminal Law — Double Jeopardy — Generally A defendant is put in jeopardy at the moment a jury is empaneled and sworn and the double jeopardy clause provides a defendant […]
WASSERMAN v. CITY OF LEBANON, 124 N.H. 538 (1984)
474 A.2d 994 JEANNE WASSERMAN AND SANDELL DEVELOPMENT CORPORATION v. CITY OF LEBANON No. 83-062 No. 83-105Supreme Court of New Hampshire Grafton Decided February 23, 1984 1. Statutes — Construction and Application — Purpose The announced policy of the State is to encourage the development of hydroenergy production. Laws 1981, ch. 535. 2. States — […]
FITTS v. SOCIETY, 75 N.H. 608 (1910)
77 A. 484 FITTS, Ex’r, v. FREE BAPTIST SOCIETY a. Supreme Court of New Hampshire Rockingham. Decided June 10, 1910. BILL IN EQUITY, asking for a construction of the residuary clause of the will of Nancie M. Smith and for instructions. Transferred from the October term, 1909, of the superior court by Plummer, J. Jonathan […]
APPEAL OF SANBORN REGIONAL SCHOOL BD., 133 N.H. 513 (1990)
579 A.2d 282 APPEAL OF THE SANBORN REGIONAL SCHOOL BOARD (New Hampshire Public Employee Labor Relations Board) No. 89-529Supreme Court of New Hampshire Public Employee Labor Relations Board Decided August 14, 1990 1. Public Employees — Collective Bargaining — Generally Collective bargaining agreements are construed in the same manner as other contract, subject to the […]
STATE v. LEONARD, 151 N.H. 201 (2004)
855 A.2d 531 THE STATE OF NEW HAMPSHIRE v. PETER LEONARD. No. 2003-406.Supreme Court of New Hampshire Hillsborough-northern judicial district.Argued: March 11, 2004. Opinion Issued: June 29, 2004. 1. Criminal Law — Competency to Stand Trial — Particular Cases The competency statute plainly contemplates that whatever course of treatment a trial court orders for the […]
UNITED STATES c. CO. v. SNIERSON, 91 N.H. 363 (1941)
19 A.2d 412 UNITED STATES FIDELITY GUARANTY CO. v. ABRAHAM M. SNIERSON a. No. 3234.Supreme Court of New Hampshire Strafford. Decided April 1, 1941. A policy of liability insurance bearing the “New Hampshire statutory motor vehicle endorsement” issued upon a “supplementary application,” which stated that the applicant at no time had any employees engaged in […]
OSGOOD v. EATON, 62 N.H. 512 (1883)
OSGOOD v. EATON. Supreme Court of New Hampshire Belknap. Decided June, 1883. The legal title to land, bought and paid for by A, who takes the deed to B, but does not intend it as a gift, vests in A by the statute of uses, and passes by his deed to a third person. WRIT […]
IN RE TARYN D., 141 N.H. 376 (1996)
684 A.2d 63 IN RE TARYN D. a. No. 95-582Supreme Court of New Hampshire Hillsborough County Probate Court Decided October 29, 1996 1. Parent and Child — Termination of Parental Rights — Best Interest of Children Once the probate court has found the requisite proof of a statutory ground for termination of a party’s parental […]
DURKEE v. MOSES, 67 N.H. 115 (1891)
23 A. 793 DURKEE v. MOSES a. COSHLAND a. v. SAME. BOEHM v. McINTIRE. Supreme Court of New Hampshire Merrimack. Decided December, 1891. General Laws, c. 109, s. 18, making penal the solicitation or taking of orders in this state for the delivery of liquors in another state, with knowledge or reasonable cause to believe […]
BANCROFT v. COMPANY, 72 N.H. 402 (1903)
57 A. 97 BANCROFT a. v. UNION EMBOSSING CO. Supreme Court of New Hampshire Hillsborough. Decided December 31, 1903. Where the owner of a machine sells the exclusive right to make and vend the same, with full license under any letters patent which may be granted, agreeing to furnish all patterns necessary for the manufacture, […]
STATE v. ROBIDOUX, 125 N.H. 169 (1984)
480 A.2d 67 THE STATE OF NEW HAMPSHIRE v. BENJAMIN H. ROBIDOUX No. 83-297Supreme Court of New Hampshire Grafton Decided July 3, 1984 1. Burglary — Statutory Construction — Legislative Intent The drafters of the Model Penal Code, from which the burglary statute was derived, viewed burglary as an attempt to commit some other crime, […]
EASTMAN v. BARKER, 78 N.H. 183 (1916)
98 A. 65 EDWIN G. EASTMAN, Trustee, v. ELLA M. BARKER a. Supreme Court of New Hampshire Rockingham. Decided June 6, 1916. A decree of distribution, rendered after a hearing at which all parties interested, or that might be interested, were represented and as to which no exception was taken, is conclusive, and no questions […]
SCHOFF v. IMPROVEMENT CO., 57 N.H. 110 (1876)
SCHOFF v. THE UPPER CONNECTICUT RIVER AND LAKE IMPROVEMENT COMPANY. Supreme Court of New Hampshire FROM COOS CIRCUIT COURT. Decided March 22, 1876. Flowage — Damages — Trial of title by jury — Practice. The defendants were authorized by their charter to erect dams to facilitate the rafting of logs, and for other purposes within […]
STATE v. ABRAM, 156 N.H. 646 (2008)
THE STATE OF NEW HAMPSHIRE v. SCOTT ABRAM. No. 2007-036.Supreme Court of New Hampshire. Merrimack.Argued: November 8, 2007. Opinion Issued: January 16, 2008. 1. Appeal and Error — Remand — Generally As a general proposition, a trial court is bound by the mandate of an appellate court on remand. However, in ascertaining what the mandate […]
CRAM v. CRAM, 63 N.H. 35 (1884)
CRAM v. CRAM. Supreme Court of New Hampshire Rockingham. Decided June, 1884. When a testator gives a legacy to be paid to the legatee “at such times and at such amounts as she may seem to need,” the executor is invested with a discretion as to its payment which he is bound to exercise fairly […]
HARRINGTON v. BLANCHARD, 70 N.H. 597 (1900)
49 A. 576 HARRINGTON v. BLANCHARD. Supreme Court of New Hampshire Grafton. Decided December, 1900. A purchaser of a stock of goods who closes the store for the purpose of taking an inventory, publishes notice of the sale in a local newspaper, and permits the property to remain under the control of the vendor, does […]
MUNGER v. TOWN OF EXETER, 128 N.H. 196 (1986)
512 A.2d 418 ROBERT S. MUNGER, JR. v. TOWN OF EXETER No. 85-355Supreme Court of New Hampshire Rockingham Decided June 5, 1986 1. Zoning — Spot Zoning — Generally An area is spot zoned when it is singled out for treatment different from that of similar surrounding land which cannot be justified on the basis […]
LANE v. HILL, 68 N.H. 275 (1895)
44 A. 393 LANE, Ex’x, v. HILL, Ap’t. Supreme Court of New Hampshire Rockingham. Decided June, 1895. A subsequent will which cannot be produced does not revoke a former one offered for probate unless its contents can be ascertained and are inconsistent with the earlier instrument, or it is shown to have contained a clause […]
GOWING v. THOMAS, 67 N.H. 399 (1892)
40 A. 184 GOWING v. THOMAS. Supreme Court of New Hampshire Grafton. Decided December, 1892. A plea which does not allege that an executory contract, pleaded as an accord and satisfaction, was accepted in satisfaction of the original contract, is bad. ASSUMPSIT, by an indorsee against an indorser of a promissory note, of which one […]
LOVELL v. NOYES, 69 N.H. 263 (1897)
46 A. 25 LOVELL v. NOYES. Supreme Court of New Hampshire Hillsborough. Decided December, 1897. Where a building is erected for the purpose of annoying the owner or occupant of adjoining premises, he cannot maintain an action therefor, under P. S., c. 143, s. 29. CASE, for building and maintaining a structure in the nature […]
ALLARD v. HAMILTON, 58 N.H. 416 (1878)
ALLARD v. HAMILTON. Supreme Court of New Hampshire Carroll. Decided August, 1878. It may be presumed that a material question of fact not specially found, and about which there was evidence, was found in favor of the party having a general verdict. TRESPASS, qu. cl., and for carrying away oats. Facts found by a referee. […]
HORNE v. HUTCHINS, 72 N.H. 77 (1903)
54 A. 1024 HORNE a. v. HUTCHINS. Supreme Court of New Hampshire Carroll. Decided March 10, 1903. When the question in issue is the extent and manner in which water was actually used at a designated time and place, deeds and leases of the property which disclose nothing bearing upon that inquiry are properly excluded. […]
APPEAL OF WHITE MTS. REGIONAL SCHOOL BD., 125 N.H. 790 (1984)
485 A.2d 1042 APPEAL OF WHITE MOUNTAINS REGIONAL SCHOOL BOARD (New Hampshire Public Employee Labor Relations Board) No. 83-374Supreme Court of New Hampshire Public Employee Labor Relations Board Decided December 31, 1984 1. Public Employees — Public Employee Labor Relations Board — Review When the public employee labor relations board exercises its discretion to define […]
APPEAL OF VERIZON NEW ENGLAND, 153 N.H. 50 (2005)
889 A.2d 1027 APPEAL OF VERIZON NEW ENGLAND, INC. d/b/a VERIZON NEW HAMPSHIRE (New Hampshire Public Utilities Commission). No. 2004-785.Supreme Court of New Hampshire Public Utilities Commission.Argued: September 14, 2005. Opinion Issued: December 28, 2005. 1. Telecommunications — Regulation and Control — Telephone Service Because an amendment of a directory license agreement (DLA) between a […]
PERKS v. SHOR, 110 N.H. 273 (1970)
266 A.2d 127 LESTER D. PERKS by his father and next friend DR. MAX PERKS v. MICHAEL SHOR. DR. MAX PERKS v. MICHAEL SHOR No. 5997Supreme Court of New Hampshire Cheshire Decided June 2, 1970 1. Where a motor vehicle skidded on a wet patch of road, resulting in personal injury, the charge by the […]
BOWLEY v. DUCA, 80 N.H. 548 (1923)
120 A. 74 ELLA BOWLEY v. SAMUEL DUCA. Supreme Court of New Hampshire Grafton. Decided February 6, 1923. The rule that where two are engaged in a joint enterprise each is chargeable with the negligence of the other, has no application outside the joint undertaking and where there is no right of control or management. […]
CLARKE v. CLARKE, 128 N.H. 550 (1986)
517 A.2d 816 MICHELE A. CLARKE AND THE NEW HAMPSHIRE DIVISION OF WELFARE v. JAMES E. CLARKE No. 85-483Supreme Court of New Hampshire Hillsborough Decided October 2, 1986 1. Appeal and Error — Preservation of Questions — Failure To Present Below Where there was a finding in a divorce action that defendant was indebted to […]
ZIMMERMAN v. SUISSEVALE, INC., 121 N.H. 1051 (1981)
438 A.2d 290 NATHAN ZIMMERMAN a. v. SUISSEVALE, INC. a. No. 80-226Supreme Court of New Hampshire Carroll Decided December 8, 1981 1. Appeal and Error — Findings — Tests for Overturning Findings and rulings falling within the discretion of the trial court will be upheld unless they are unsupported by the evidence or are erroneous […]
APPEAL OF ENO, 126 N.H. 650 (1985)
495 A.2d 1277 APPEAL OF DIANNE ENO (New Hampshire Department of Employment Security) No. 83-488Supreme Court of New Hampshire Department of Employment Security Decided June 19, 1985 1. Unemployment Compensation — Judicial Review — Tests and Standards On appeal of a decision of the unemployment compensation appeal tribunal, the supreme court has no authority to […]
NEW HAMPSHIRE HEALTH CARE ASSOC., v. GOVERNOR, 161 N.H. 378 (2010)
13 A.3d 145 NEW HAMPSHIRE HEALTH CARE ASSOCIATION a. v. GOVERNOR a. No. 2010-436.Supreme Court of New Hampshire. MerrimackArgued: December 9, 2010. Opinion Issued: January 21, 2011. 1. Statutes — Constitutionality — Presumption or Construction In Favor of Constitutionality In reviewing a legislative act, a court presumes it to be constitutional and will not declare […]
MERRIMACK COUNTY v. HILLSBOROUGH COUNTY, 80 N.H. 387 (1922)
118 A. 813 MERRIMACK COUNTY v. HILLSBOROUGH COUNTY. Supreme Court of New Hampshire Hillsborough. Decided May 2, 1922. Under P.S., c. 85, s. 9, as amended by Laws 1903, c. 67, s. 3, the county in which a county pauper has last resided for one year in the last five is chargeable for relief and […]
NARDI’S CASE, 142 N.H. 602 (1998)
705 A.2d 1199 NARDI’S CASE No. LD-96-011Supreme Court of New Hampshire Original Decided February 24, 1998 1. Attorneys — Reprimand, Suspension and Disbarment — Generally When determining whether to impose the ultimate sanction of disbarment, the focus is not on punishing the offender, but on protecting the public, maintaining public confidence in the bar, preserving […]
EASTMAN v. NEWMAN, 59 N.H. 581 (1880)
EASTMAN v. NEWMAN and Trustees. BATCHELDER v. SAME. MOORE a. v. SAME. FLINT v. SAME. HALL v. SAME. Supreme Court of New Hampshire Merrimack. Decided June, 1880. A Sub-contractor, who performs labor or furnishes materials for erecting a building, but neglects to give notice in writing to the owner that he claims a lien therefor, […]
HALL v. SMITH, 61 N.H. 144 (1881)
HALL v. SMITH. Supreme Court of New Hampshire Strafford. Decided December, 1881. Those entitled in remainder to a legacy given to the testator’s wife for life, upon her waiver of the provisions of the will, take immediately. The entire legacy given to a class is taken by the individuals of the class who survive the […]
SPAULDING v. HANSCOM, 67 N.H. 401 (1892)
32 A. 154 SPAULDING v. HANSCOM. Supreme Court of New Hampshire Grafton. Decided December, 1892. A sale and delivery of a pair of horses represented to be all right and fit for work, the purchaser relying upon the representations of the vendor without examination, when in fact the horses were known to the vendor to […]
HALL v. NELSON, 59 N.H. 573 (1880)
HALL v. NELSON a. Supreme Court of New Hampshire Merrimack. Decided June, 1880. Whether a wagon is exempt from attachment as a farming tool, or a tool of the debtor’s occupation, is a question of fact. TRESPASS, for the caption and conversion of a wagon. The defendants justified under an attachment in July, 1879. Facts […]
MUSHLIN v. ROWELL, 77 N.H. 183 (1914)
89 A. 840 ISAAC MUSHLIN v. JOHN W. K. ROWELL a. Supreme Court of New Hampshire Merrimack. Decided February 3, 1914. Under chapter 76, Laws 1905, the selectmen of a town have no authority to limit the number of junkdealers’ licenses to be issued therein. PETITION for mandamus, to compel the issuance of a junkdealer’s […]
POORVU v. CITY OF NASHUA, 118 N.H. 632 (1978)
392 A.2d 138 HOWARD H. POORVU v. CITY OF NASHUA No. 78-051Supreme Court of New Hampshire Hillsborough Decided September 27, 1978 1. Property — Sale Price — Evidence of Value In a tax abatement action, unless it is found on evidence that the sale was not consummated in a fair market, the sale price of […]
GAGE v. SCHOOL-DISTRICT, 64 N.H. 232 (1886)
9 A. 387 GAGE v. SCHOOL-DISTRICT NO. 7 IN BOSCAWEN. Supreme Court of New Hampshire Merrimack. Decided December, 1886. A condition in a deed making a gift of land to an academy, that when said land shall for the space of two years together cease to be used as a location for a school-house, teachers’ […]
DAVIS v. WEBSTER, 59 N.H. 471 (1879)
DAVIS v. WEBSTER and HUCKINS. Supreme Court of New Hampshire Grafton. Decided December, 1879. A debtor refusing, on request, to elect whether he will retain a horse or pair of oxen as a team exempt from attachment, cannot afterwards complain because the oxen, and not the horse, were attached and sold. A debtor whose cows […]
HARTFORD v. GILMANTON, 101 N.H. 424 (1958)
146 A.2d 851 ARLINGTON E. HARTFORD a. v. GILMANTON. No. 4676.Supreme Court of New Hampshire Belknap.Argued September 3, 1958. Decided November 5, 1958. 1. Loon Pond located in Gilmanton is one of the public waters of the state held in trust by the State for public use. 2. The title of the State to the […]
STATE v. WONG, 125 N.H. 610 (1984)
486 A.2d 262 THE STATE OF NEW HAMPSHIRE v. STEVEN P. WONG THE STATE OF NEW HAMPSHIRE v. JOEL GRINDLE No. 83-358 No. 83-481Supreme Court of New Hampshire Rockingham Hillsborough Decided October 26, 1984 1. Homicide — Negligent Homicide — Elements Legislature’s use of the disjunctive “or” in the body of the negligent homicide statute […]
CLARK v. MIDDLETON, 74 N.H. 188 (1907)
66 A. 115 CLARK a. v. MIDDLETON. Supreme Court of New Hampshire Strafford. Decided March 5, 1907. The fact that property is assessed for purposes of taxation at more than its fair market value is not sufficient to sustain the owner’s petition for an abatement, in the absence of evidence that such valuation is disproportionate […]
RESNICK v. MANCHESTER, 99 N.H. 436 (1955)
113 A.2d 496 HELENE RESNICK v. MANCHESTER. No. 4387.Supreme Court of New Hampshire Hillsborough.Submitted April 5, 1955. Decided April 20, 1955. The construction of a sewer by a municipality as authorized by statute (R. L., c. 90, as amended) is not a governmental function but an undertaking for local accommodation and convenience. The fact that […]
RAND v. BANK, 86 N.H. 351 (1933)
168 A. 897 WILLARD D. RAND, Bank Commissioner, v. MERRIMACK RIVER SAVINGS BANK. Supreme Court of New Hampshire Hillsborough. Decided November 7, 1933. The position of the bank commissioner in winding up an insolvent bank under P. L., c. 268 is essentially that of a receiver; and the superior court in the exercise of its […]
CNAEPS v. BROWN, 101 N.H. 116 (1957)
135 A.2d 721 JOSEPHINE CNAEPS, Adm’x v. ROGER BROWN, JR. No. 4584.Supreme Court of New Hampshire Hillsborough.Argued October 1, 1957. Decided November 5, 1957. 1. The statute (RSA 462:2) which provides that no settlement of tort claims in behalf of minors shall be valid unless approved by the Superior Court, if in excess of a […]
SAVINGS BANK v. LACONIA, 67 N.H. 324 (1892)
38 A. 384 LACONIA SAVINGS BANK v. LACONIA. Supreme Court of New Hampshire Belknap. Decided December, 1892. The guaranty fund of a savings-bank is not taxable as surplus capital in the town where the bank is located. APPEAL, from an assessment of taxes. Facts agreed. April 1, 1892, the selectmen of Laconia assessed state, county, […]
TRUST CO. v. PORTSMOUTH, 59 N.H. 33 (1879)
TRUST AND GUARANTY COMPANY v. PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided June, 1879. The right of appeal to the supreme court by petition for abatement of taxes, under Gen. St., c. 53, s. 11, is not lost by non-compliance with the requirements of Gen. St., c. 51, s. 4, when the petitioner was […]
WALLACE v. RAILROAD, 72 N.H. 504 (1904)
57 A. 913 WALLACE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Belknap. Decided April 5, 1904. In an action against a railroad company to recover for injuries sustained by a brakeman in a collision between opposing trains, certain evidence deemed insufficient to warrant a submission of the question whether rules of the corporation […]
PERKINS v. PERKINS, 58 N.H. 405 (1878)
PERKINS v. PERKINS, Adm’x. Supreme Court of New Hampshire Strafford. Decided August, 1878. The real estate of a deceased person not insolvent is not assets in the hands of an administrator, but, immediately on his death, vests in the heirs-at-law or devisees. The judge of probate, against the consent of the heirs-at-law, has no power […]
STATE v. CHAMPAGNE, 125 N.H. 648 (1984)
484 A.2d 1161 THE STATE OF NEW HAMPSHIRE v. RONALD CHAMPAGNE No. 83-094Supreme Court of New Hampshire Hillsborough Decided November 9, 1984 1. Indictment and Information — Sufficiency — Generally The test to determine the sufficiency of indictments is whether they provide the defendant with enough information to adequately prepare his defense. 2. Indictment and […]
CARBEE v. MASON, 64 N.H. 10 (1885)
4 A. 791 CARBEE v. MASON Tr., WILLARD, Claimant. Supreme Court of New Hampshire Grafton. Decided December, 1885. The payer of a negotiable note made in Vermont, and payable to a citizen of that state, cannot be charged in this state as his trustee. The insolvent law of one state has no effect in another […]
BENTON v. WRIGHT, 63 N.H. 617 (1884)
BENTON v. WRIGHT. Supreme Court of New Hampshire Coos. Decided June, 1884. On the report of a referee, the only question was as to the sufficiency of demands made by the defendant upon the plaintiff for a deed of certain land and for a certain promissory note. STANLEY, J. The referee decided the question of […]
NEVILLE v. HIGHFIELDS FARM, 144 N.H. 419 (1999)
744 A.2d 89 RICHARD NEVILLE a. v. HIGHFIELDS FARM, INC. a. No. 97-159Supreme Court of New Hampshire Carroll Decided December 13, 1999 1. Administrative Law — Jurisdiction — Generally In ascertaining whether a circumvention of administrative authority has transpired, reviewing court inquires whether administrative agency whose authority was allegedly circumvented had jurisdiction. 2. Administrative Law […]
PRIVE v. M. W. GOODELL CONSTR. CO., 119 N.H. 914 (1979)
409 A.2d 1149 ROBERT F. PRIVE v. M. W. GOODELL CONSTRUCTION CO., INC. No. 79-070Supreme Court of New Hampshire Hillsborough Decided December 28, 1979 1. Workmen’s Compensation — Negligence Actions — Damages at Common Law Since 1947, third-person tort liability has been part of New Hampshire’s workmen’s compensation law; if there is no strong reason […]
APPEAL OF SAWMILL BROOK DEV. CO., 129 N.H. 410 (1987)
529 A.2d 902 APPEAL OF SAWMILL BROOK DEVELOPMENT CO. (New Hampshire Board of Tax and Land Appeals) No. 86-207Supreme Court of New Hampshire Board of Tax and Land Appeals Decided June 5, 1987 1. Taxation — Appraisal and Assessment — Value The “full and true value” of land for purposes of taxation is that value […]
ZELLERS v. CHASE, 105 N.H. 266 (1964)
197 A.2d 206 ATLEE F. ZELLERS, Adm’r v. ALAN S. CHASE, Ex’r. No. 5194.Supreme Court of New Hampshire Merrimack.Argued January 7, 1964. Decided January 31, 1964. 1. In an action for fatal injuries sustained by a passenger in a motor vehicle against the operator the evidence warranted the finding in all the circumstances that the […]
OPINION OF THE JUSTICES, 108 N.H. 268 (1967)
233 A.2d 832 OPINION OF THE JUSTICES. No. 5683.Supreme Court of New Hampshire Request of Governor and Council.Submitted August 31, 1967. Decided October 6, 1967. 1. The prohibition that “Congress shall make no law respecting the establishment of religion” as contained in the First Amendment to the Federal Constitution and made applicable to the states […]
MERRILL v. PERKINS, 61 N.H. 262 (1881)
MERRILL v. PERKINS a. Supreme Court of New Hampshire Merrimack. Decided December, 1881. A motion to set aside a verdict on the ground of excessive damages, raises a question of fact to be determined at the trial term. CASE. Reported 59 N.H. 343. Second trial on review. Verdict for the plaintiff, which the defendants moved […]
COOK LUMBER CO. v. DEAN, 80 N.H. 388 (1922)
118 A. 815 F. D. COOK LUMBER CO. v. WALTER E. DEAN Tr’s. Supreme Court of New Hampshire Hillsborough. Decided May 2, 1922. A notice to quit given by the vendor of property to the tenant of his vendee who is indebted for a part of the purchase price does not establish that the vendee […]
PETERBOROUGH SAVINGS BANK v. KING, 103 N.H. 206 (1961)
168 A.2d 116 PETERBOROUGH SAVINGS BANK a. v. HARRISON S. KING, Commissioner. No. 4906.Supreme Court of New Hampshire Merrimack.Argued February 8, 1961. Decided March 7, 1961. 1. The statutory requirement (RSA 382:2) that “savings banks . . . shall make investments . . . of their funds only in the . . . loans authorized […]
GOBBI v. MOULTON, 108 N.H. 183 (1967)
230 A.2d 747 PAUL GOBBI v. JOHN MOULTON. No. 5590.Supreme Court of New Hampshire Rockingham.Argued March 8, 1967. Decided June 30, 1967. 1. The res ipsa loquitur doctrine is merely a rule of evidence relating to the mode of proof and not a substantive rule of law, and does not dispense with the rule that […]
DODIER v. STATE DEP’T OF LABOR, 117 N.H. 315 (1977)
373 A.2d 341 JANET M. DODIER v. STATE OF NEW HAMPSHIRE DEPARTMENT OF LABOR a. SAME v. DAVIDSON RUBBER COMPANY, INC. a. No. 7259 No. 7504Supreme Court of New Hampshire Original Carroll Decided April 29, 1977 1. Workmen’s Compensation — Appeal and Review Where statute in effect at time of workmen’s compensation claim provided that […]
VACHON v. NEW ENGLAND TOWING, 148 N.H. 429 (2002)
809 A.2d 771 Michael Vachon v. New England Towing, Inc. No. 2001-217Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued June 5, 2002 Opinion Issued October 11, 2002 1. Negligence — Generally — Elements A plaintiff claiming negligence must prove: (1) that the defendant owed the plaintiff a duty; (2) that the duty was breached; (3) […]
RYE v. CIBOROWSKI, 111 N.H. 77 (1971)
276 A.2d 482 TOWN OF RYE v. JACOB S. CIBOROWSKI, THOMAS J. MORRIS, INTERVENOR. No. 6038.Supreme Court of New Hampshire Rockingham. Decided April 5, 1971. 1. Although RSA 422:3 (XXV) defines “private landing area” in terms of ownership, the record sustained the holding of the trial court that the defendant applied for a variance to […]
IN RE GUARDIANSHIP OF RAYMOND E., 135 N.H. 688 (1992)
609 A.2d 1220 In re GUARDIANSHIP OF RAYMOND E. No. 90-534Supreme Court of New Hampshire Strafford County Probate Court Decided June 25, 1992 1. Statutes — Construction and Application — Plain Meaning Principles of statutory construction require a look first at the statutory language itself, and construction of the law in a manner consistent with […]
STATE v. BERTRAND, 133 N.H. 843 (1991)
587 A.2d 1219 THE STATE OF NEW HAMPSHIRE v. WILLIAM BERTRAND No. 89-102Supreme Court of New Hampshire Hillsborough Decided March 8, 1991 1. Constitutional Law — Double Jeopardy — Generally It would be an abuse of discretion for a judge to discharge a jury in derogation of a criminal defendant’s claim of right to be […]
PERRY v. KEENE, 56 N.H. 514 (1876)
PERRY v. KEENE. Supreme Court of New Hampshire CHESHIRE COUNTY. Decided March 21, 1876. Municipal aid to railroads. The statute of this state (Gen. Stats., ch. 34, sec. 16), which authorizes towns to raise and appropriate money, c., to aid in the construction of a railroad, is not in conflict with the constitution. CHESHIRE COUNTY. […]
ROBERT C. v. BAIRD, 129 N.H. 495 (1987)
529 A.2d 928 ROBERT C. v. CARL BAIRD, SUPERINTENDENT, CHESHIRE COUNTY HOUSE OF CORRECTION No. 87-187Supreme Court of New Hampshire Cheshire Decided July 10, 1987 1. Infants — Delinquency Proceedings — Construction of Statutes The general rule is that under the governing statutes a district court may place a juvenile on probation only for a […]
HALLAHAN v. RILEY, 95 N.H. 419 (1949)
65 A.2d 278 JOSEPHINE S. HALLAHAN a. v. WILLIAM H. RILEY, Commissioner of Labor. No. 3779.Supreme Court of New Hampshire Hillsborough. Decided April 5, 1949. The requirement that unemployment compensation claimants report and file claims periodically are basic in the administration of the Unemployment Compensation Act (R. L., c. 218, s. 3). The decision of […]
BROWN v. WEST, 65 N.H. 187 (1889)
18 A. 233 BROWN v. WEST. Supreme Court of New Hampshire Hillsborough. Decided June, 1889. Whether sufficient cause is shown to justify the court in amending a judgment is a question of fact to be determined at the trial term. WRIT OF ENTRY, to foreclose a mortgage. After the decision reported in 64 N.H. 385 […]
STATE v. WENZEL, 72 N.H. 396 (1903)
56 A. 918 STATE v. WENZEL. Supreme Court of New Hampshire Hillsborough. Decided December 31, 1903. A vote upon the adoption of a statute, taken in accordance with its terms and on the day designated therein for that purpose, is not invalid merely because the date specified for the town-meeting was prior to that upon […]
STATE v. COWLES, 152 N.H. 369 (2005)
877 A.2d 219 THE STATE OF NEW HAMPSHIRE v. ROBERT B. COWLES. No. 2004-160.Supreme Court of New Hampshire Grafton.Argued: April 20, 2005. Opinion Issued: June 21, 2005. 1. Criminal Law — Confessions — Tests and Standards The following four factors are considered in determining whether a confession has been tainted by a prior unlawful arrest: […]
GOSSELIN v. ARCHIBALD, 121 N.H. 1016 (1981)
437 A.2d 302 WILLIAM J. GOSSELIN a. v. FORTIKA B. ARCHIBALD No. 80-465Supreme Court of New Hampshire Grafton Decided November 20, 1981 1. Damages — Generally — Contracts Where, in action in which plaintiffs sought monetary and equitable relief for breach of part of contract, plaintiffs, without an award of damages, were in the same […]