Category: New Hampshire Court Opinions

711 A.2d 251 ARTHUR PROVENCHER v. BUZZELL-PLOURDE ASSOCIATES a. No. 96-135Supreme Court of New Hampshire Hillsborough-southern judicial district Decided June 11, 1998 1. Pleading — Motion to Dismiss — Review The court’s decision not to hold a hearing on a motion to dismiss is reviewed on appeal for an abuse of discretion. SUPER CT. R. […]

81 A.2d 305 ALICE DUBOIS v. EDDIE J. POULIOT d.b.a. EDDIE’S LUNCH. No. 3941.Supreme Court of New Hampshire Hillsborough. Decided June 5, 1951. At common law, actions of tort for personal injuries to the person and the causes of such actions did not survive the death of the alleged wrongdoer. Failure of the plaintiff to […]

387 A.2d 324 THE STATE OF NEW HAMPSHIRE v. MANCHESTER NEWS COMPANY, INC. No. 7894Supreme Court of New Hampshire Hillsborough Decided April 25, 1978 1. Obscenity — Distribution of Obscene Materials — Knowledge of Contents In order to be guilty of distributing obscene material, defendant need not have had knowledge that material was obscene, but […]

257 A.2d 24 ISHAM OWEN, Adm’r v. MARLENE OWEN. No. 5964.Supreme Court of New Hampshire Cheshire.Argued September 4, 1969. Decided September 30, 1969. 1. The statute (RSA 556:19) providing that any interested person may commence an action as administrator which shall not abate if the administrator, then or afterward appointed, shall indorse the writ and […]

651 A.2d 931 THE STATE OF NEW HAMPSHIRE v. MICHAEL W. PITTERA No. 93-572Supreme Court of New Hampshire Belknap December 28, 1994 1. Indictment and Information — Sufficiency — Generally Indictment is constitutionally sufficient provided it informs defendant of charge with adequate specificity to allow defendant to prepare for trial and to be protected against […]

577 A.2d 92 GEORGE T. ALLEN a. v. THE STATE OF NEW HAMPSHIRE, WETLANDS BOARD No. 89-056Supreme Court of New Hampshire Belknap Decided July 13, 1990 1. Administrative Law — Judicial Review — Lack of Jurisdiction Below Where a full adjudicatory hearing has been conducted with the procedural safeguards of the Administrative Procedure Act, superior […]

587 A.2d 1237 THE STATE OF NEW HAMPSHIRE v. RICHARD LaPORTE No. 89-498Supreme Court of New Hampshire Merrimack Decided March 22, 1991 1. Constitutional Law — Equal Protection — Generally The doctrine of equal protection demands that all persons similarly situated should be treated alike; therefore, the first question in an equal protection analysis is […]

200 A.2d 858 SAVINGS BANK OF WALPOLE v. MAURICE FRENCH a. No. 5219.Supreme Court of New Hampshire Cheshire.Submitted April 9, 1964. Decided June 2, 1964. 1. Where a husband and wife held real estate as joint owners and the interest of the husband only was attached the wife as joint owner was entitled upon foreclosure […]

288 A.2d 695 DAVID O. GLIDDEN v. LOUISE ANNE BUTLER. No. 6290.Supreme Court of New Hampshire Strafford. Decided March 7, 1972. 1. A wife’s negligence while operating her husband’s automobile at his request on an errand for him was not imputable to him as a matter of law merely because of the marital relationship or […]

702 A.2d 1278 THE STATE OF NEW HAMPSHIRE v. KEITH PATCH No. 96-188Supreme Court of New Hampshire Sullivan Decided December 9, 1997 1. Search and Seizure — Generally — Searches By Private Parties Where former roommate of defendant, required by restraining order to leave defendant’s apartment, while gathering her belongings from the apartment, proceeded to […]

448 A.2d 431 JOHN SUNUNU, IN THE INTEREST OF THE STATE OF NEW HAMPSHIRE v. CLAMSHELL ALLIANCE a. No. 81-188Supreme Court of New Hampshire Rockingham Decided July 14, 1982 1. Constitutional Law — Standing — Standing Found In an action brought by a taxpayer, on behalf of the State, against two anti-nuclear organizations and “John […]

578 A.2d 335 In re ESTATE OF ENA M. McQUESTEN No. 89-337Supreme Court of New Hampshire Hillsborough County Probate Court Decided July 23, 1990 1. Adoption — Generally Since adoption was unknown at common law and is wholly statutory, review of claim that adoption statute created an exception for stepparent adoptions, allowing adopted child to […]

344 A.2d 5 MARY H. CLARK v. EXETER CO-OPERATIVE BANK a. No. 6403Supreme Court of New Hampshire Rockingham Decided July 31, 1975 1. The nature of the present action is to be determined not by the label of assumpsit attached to it in plaintiff’s writ, but by its substance. 2. Plaintiff’s 1970 action in assumpsit […]

485 A.2d 295 APPEAL OF THE CITY OF FRANKLIN (New Hampshire Department of Employment Security) No. 84-099Supreme Court of New Hampshire Department of Employment Security Decided November 30, 1984 1. Unemployment Compensation — Judicial Review — Scope of Review Supreme court’s review of unemployment compensation claims is confined to the record; the court cannot substitute […]

579 A.2d 1223 THE STATE OF NEW HAMPSHIRE v. DAVID LETENDRE No. 88-334Supreme Court of New Hampshire Hillsborough Decided August 24, 1990 1. Trial — Instructions — Reasonable Doubt Use of model reasonable doubt instruction approved in State v. Wentworth, 118 N.H. 832 (1978), will provide balanced definition of reasonable doubt, reduce needless litigations and […]

131 A.2d 438 DEBORAH WORRALL by her mother and next friend a. v. HAROLD D. MORAN, Adm’r. No. 4525.Supreme Court of New Hampshire Strafford.Argued February 5, 1957. Decided April 30, 1957. 1. The rule which prevails in this state that the maintenance of a negligence action by an unemancipated child against its parent is forbidden […]

433 A.2d 1250 SHARON STEEL CORPORATION a. v. FRANK E. WHALAND No. 80-333Supreme Court of New Hampshire Merrimack Decided July 2, 1981 1. Corporations — Securities — Takeover Bids Depending on the accompanying circumstances, open market purchases can be considered as having the essentials of a takeover bid. RSA 421-A:2 VI(a)(1) (Supp. 1979). 2. Corporations […]

591 A.2d 262 TECHNICAL AID CORPORATION v. SHERMAN JOHN ALLEN, JR. a. No. 89-428Supreme Court of New Hampshire Hillsborough Decided March 13, 1991 1. Contracts — Agreements Not To Compete — Construction The law does not look with favor upon contracts in restraint of trade or competition; such contracts are to be narrowly construed. 2. […]

226 A.2d 776 ARTHUR E. KEEGAN a. v. ARVID H. GUSTAVSON a. No. 5569.Supreme Court of New Hampshire Rockingham.Argued January 6, 1967. Decided February 24, 1967. 1. A motion for summary judgment (RSA 491:8-a (supp)) accompanied by the requisite affidavit was properly granted where the defendant failed to file a contradictory affidavit within fifteen days […]

27 A.3d 804 BRUZGA’S CASE. No. LD-2010-012.Supreme Court of New Hampshire. Professional Conduct Committee.Argued: March 17, 2011. Opinion Issued: May 12, 2011. 1. Attorneys — Reprimand, Suspension and Disbarment — Standard of Review In attorney discipline matters, the New Hampshire Supreme Court defers to the factual findings of the Professional Conduct Committee (PCC) if supported […]

386 A.2d 1283 JERRY COLLELLA v. BERANGER VOLKSWAGEN, INC. AND TRAVOY CORPORATION No. 7903Supreme Court of New Hampshire Strafford Decided May 17, 1978 Sales — Warranties — Disclaimers In action in which buyer sought to recover damages for breach of warranty in sale of motor home, where disclaimer was specifically designed to limit warranty liability […]

639 A.2d 251 THE STATE OF NEW HAMPSHIRE v. CARRIE CIGIC No. 92-550Supreme Court of New Hampshire Hillsborough-southern judicial district Decided March 18, 1994 1. Appeal and Error — Frivolous Appeals — Criminal Cases In criminal cases, appellate counsel must discuss with defendant whether to appeal; if, in counsel’s estimation, the appeal lacks merit or […]

218 A.2d 442 HAMPTON a. v. HAMPTON BEACH IMPROVEMENT COMPANY, INC. a. No. 5312.Supreme Court of New Hampshire Rockingham.Argued November 2, 1965. Decided March 30, 1966. 1. Where a voluntary corporation became dissolved by virtue of a general statute (Laws 1933, c. 318) repealing charters of all corporations organized for profit before a certain date […]

213 A.2d 925 EXETER-HAMPTON MOBILE HOME VILLAGE, INC. v. STATE. No. 5366.Supreme Court of New Hampshire Rockingham.Argued September 9, 1965. Decided October 29, 1965. 1. In an appeal from the award of damages occasioned by the taking of a portion of plaintiff’s land for highway purposes the admission in evidence of what the plaintiff paid […]

813 A.2d 517 AWL Power, Inc. v. CITY OF ROCHESTER a. No. 2001-533Supreme Court of New Hampshire StraffordArgued October 17, 2002 Opinion Issued December 9, 2002 1. Zoning and Planning—Zoning—Vested Rights In upholding planning board’s decision to revoke developer’s subdivision and site plan approvals on the ground that its right to complete construction had not […]

547 A.2d 277 JENSEN’S, INC. v. CITY OF DOVER No. 87-342Supreme Court of New Hampshire Strafford Decided August 5, 1988 1. Zoning — Ordinances — Special Exceptions In an application to obtain a special exception from a zoning board, the burden of proof is on the applicant to present sufficient evidence to support a favorable […]

741 A.2d 56 CATERPILLAR INC. a. v. NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION a. No. 97-779Supreme Court of New Hampshire Merrimack Decided October 25, 1999 1. Taxation — Generally — Interstate and Foreign Commerce When a business operates in more than one jurisdiction, its income must be apportioned among those jurisdictions and each State must […]

444 A.2d 532 MICHAEL DUNAISKY a. v. THE STATE OF NEW HAMPSHIRE a. TOWN OF ENFIELD, CONNECTICUT v. THE STATE OF NEW HAMPSHIRE a. No. 80-295 No. 80-306Supreme Court of New Hampshire Merrimack Decided April 2, 1982 1. States — Sovereign Immunity — Actions Barred Where an out-of-state police officer, his wife, and the town […]

663 A.2d 598 LOUIS R. BERUBE v. THOMAS BELHUMEUR a. No. 93-745Supreme Court of New Hampshire Carroll Decided June 1, 1995 1. Taxation — Sale of Property for Nonpayment of Taxes — Notice and Time of Sale Description requirement of RSA 80:21 is satisfied if the notice describes the property to be sold in a […]

266 A.2d 215 ROMAN CATHOLIC BISHOP OF MANCHESTER a. v. MARJORIE W. NYHAN No. 6001Supreme Court of New Hampshire Merrimack Decided June 2, 1970 1. A statute of limitations requiring the filing with the Labor Commissioner of a petition for review of eligibility for compensation under the Workmen’s Compensation Law not later than one year […]

677 A.2d 157 THE STATE OF NEW HAMPSHIRE v. JAMES ROACH No. 94-516Supreme Court of New Hampshire Hillsborough-northern judicial district Decided May 29, 1996 1. Search and Seizure — Generally — Reasonableness The officer possessed a reasonable articulable suspicion that the defendant had committed, was committing, or was about to commit a crime where he […]

196 A.2d 713 NEW ENGLAND METAL CULVERT CO. v. WILLIAMS CONSTRUCTION CO. AND GLOBE INDEMNITY CO. No. 5171.Supreme Court of New Hampshire Hillsborough.Argued November 5, 1963. Decided December 30, 1963. 1. In a petition to enforce a claim of a subcontractor against a public works performance bond for material furnished the contractor under a single […]

20 A.2d 640 JOSEPH BRACCO, alias JOSEPH BRUNO v. GEORGE A. WOOSTER. No. 3250.Supreme Court of New Hampshire Hillsborough. Decided June 3, 1941. In a petition for habeas corpus by one arrested upon requisition of the governor of another state the word “crime” as used in Laws 1937, c. 70, s. 1 embraces every offense […]

471 A.2d 1148 MICHAEL J. DABOUL a. v. TOWN OF HAMPTON a. No. 83-083Supreme Court of New Hampshire Rockingham Decided December 16, 1983 1. Appeal and Error — Preservation of Questions — Failure To Present Below It is well-established that the supreme court will not consider issues raised on appeal that were not presented in […]

377 A.2d 124 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE v. TOWN OF ASHLAND a. No. 7535Supreme Court of New Hampshire Board of Taxation Decided August 1, 1977 1. Taxation — Appraisal and Assessment — Value Five approaches to valuation potentially applicable to utility property include: original cost less depreciation; reproduction cost less depreciation; comparable sales; […]

817 A.2d 306 PETER GIANOLA v. CONTINENTAL CASUALTY COMPANY No. 2002-137Supreme Court of New Hampshire CarrollArgued January 15, 2003 Opinion Issued March 3, 2003 1. Waiver — Generally — Intent To establish waiver, the plaintiff must show either explicit language indicating the defendant’s intent to forego a known right, or conduct from which it may […]

761 A.2d 511 THE STATE OF NEW HAMPSHIRE v. ROBERT BAIN, JR. No. 99-002Supreme Court of New Hampshire Littleton District Court Decided November 2, 2000 1. Appeal and Error — Questions Considered on Appeals — Invited Errors State was not precluded by invited error doctrine from arguing on appeal that trial court abused its supervisory […]

449 A.2d 1202 THE TOWN OF FRANCONIA v. GRANITE STATE CONCESSIONS, INC. No. 81-361Supreme Court of New Hampshire Grafton Decided July 14, 1982 1. Taxation — Leaseholds — Lease From State Government Corporation’s concession contract with the State operated as an agreement contemplated by the statute setting forth the tax-exempt status of governmental property, and […]

111 A.2d 201 STATE v. CHARLES M. SMALL. No. 4373.Supreme Court of New Hampshire Municipal Court of Amherst.Argued January 4, 1955. Decided January 19, 1955. In the statutory prohibition (R. L., c. 170, s. 39) that “no licensee, sales agent, nor any other person, shall sell or give away . . . liquor or beverage […]

427 A.2d 32 THE STATE OF NEW HAMPSHIRE v. TERRY PRESTON No. 80-036Supreme Court of New Hampshire Sullivan Decided March 11, 1981 1. Rape — Evidence — Prior Sexual Activity Evidence of rape victim’s prior chastity was admissible in rape prosecution even though defendant did not claim defense of consent. RSA 625:10. 2. Rape — […]

155 A.2d 181 STATE v. CHARLES W. CARKIN. No. 4715.Supreme Court of New Hampshire Rockingham.Argued October 6, 1959. Decided November 3, 1959. 1. Where the Governor and Council following appointment of a commission to lay out a limited access highway (RSA 236:2) and after defendant had released his rights of access to the State, waived […]

373 A.2d 349 GERMAINE BOUCHER, EXECUTRIX OF THE ESTATE OF EUGENIE COURCHESNE v. PAULINE JOHNSON No. 7611Supreme Court of New Hampshire Hillsborough Decided April 29, 1977 1. Joint Tenancy — Right of Survivorship Statute providing that any bank account maintained in names of two persons payable to either and payable to survivor of them shall […]

322 A.2d 922 PAUL SEAMAN v. ASHMAN L. BERRY, SR. LUCILLE A. SEAMAN v. SAME No. 6836Supreme Court of New Hampshire Strafford Decided July 19, 1974 1. Defendant’s motion to set aside verdicts as excessive involved questions of fact for trial judge, whose decision should not be set aside unless no reasonable person could make […]

20 A.2d 629 WARREN E. DOWSE v. MAINE CENTRAL RAILROAD. No. 3239.Supreme Court of New Hampshire Coos. Decided June 3, 1941. In an action against a railroad for killing the plaintiff’s cows while being herded over a private farm crossing on returning from pasture, certain evidence, e.g. the obstructions to a view of the train, […]

320 A.2d 110 HARRY K. SHEPARD, INC. BROWNING-FERRIS INDUSTRIES OF NEW HAMPSHIRE, INC. v. STATE OF NEW HAMPSHIRE Nos. 6756 and 6789Supreme Court of New Hampshire Public Utilities Commission Decided May 31, 1974 1. On motions of plaintiffs, supreme court ordered the public utilities commission to certify files and records in certain other cases as […]

438 A.2d 304 PRISCILLA P. MIZNER v. DONALD E. MIZNER No. 81-120Supreme Court of New Hampshire Belknap Decided December 8, 1981 1. Parent and Child — Support — Modifying Support Order In a hearing on a petition for modification of a decree of child support, the trial court should consider all relevant evidence with regard […]

281 A.2d 587 JOHN F. McLAUGHLIN v. SEARS, ROEBUCK COMPANY. SAME v. WHITE METAL ROLLING STAMPING CORPORATION. No. 6114.Supreme Court of New Hampshire Grafton. Decided July 29, 1971 1. When the evidence viewed most favorably to the plaintiff purchaser upon a motion for a nonsuit at the close of his evidence was that a new […]

666 A.2d 978 SANDRA WALTON, AS PARENT AND NEXT FRIEND OF JULIE WALTON v. CITY OF MANCHESTER No. 93-700Supreme Court of New Hampshire Hillsborough-northern judicial district Decided November 6, 1995 1. Trial — Conduct of Counsel and Parties — Closing Arguments A “golden rule” argument is made when counsel urges jurors to put themselves in […]

185 A.2d 259 INDIAN HEAD MILLWORK CORP. v. GLENDALE HOMES, INC. No. 5066.Supreme Court of New Hampshire Rockingham.Argued October 2, 1962. Decided October 31, 1962. 1. The imposition of costs on the defendant as a condition to the setting aside of a default verdict was within the Trial Court’s discretion where the evidence warranted the […]

561 A.2d 241 KAREN E. INDORF v. RONALD P. INDORF No. 88-305Supreme Court of New Hampshire Belknap Decided July 27, 1989 1. Divorce — Fees and Costs — Attorney’s Fees As an exception to the general rule that parties pay their own counsel fees, New Hampshire has long recognized that the trial court has the […]