211 A.2d 405 HINSDALE a. v. CHESHIRE COUNTY a. No. 5306.Supreme Court of New Hampshire Cheshire.Argued March 3, 1965. Decided June 30, 1965. 1. The question whether an organization is a de jure or a de facto public municipal corporation can be determined only in a direct proceeding by the State attacking its corporate existence. […]
Category: New Hampshire Court Opinions
STATE v. KAPLAN, 128 N.H. 562 (1986)
517 A.2d 1162 THE STATE OF NEW HAMPSHIRE v. KATHLEEN KAPLAN No. 85-559Supreme Court of New Hampshire Sullivan Decided October 2, 1986 Criminal Law — Sentence — Particular Cases Trial court properly denied a motion to correct sentence, where defendant was sentenced to thirty years to life as an accomplice to second degree murder but […]
PIKE v. HARTFORD, 100 N.H. 473 (1957)
130 A.2d 540 CHARLES A. PIKE v. JUSTIN D. HARTFORD a. No. 4531.Supreme Court of New Hampshire Rockingham.Argued January 2, 1957. Decided March 26, 1957. In the transfer of exceptions to the Supreme Court it is incumbent on counsel to make certain that a record of his exceptions is made in writing and that they […]
GORDON v. TOWN OF RYE, 162 N.H. 144 (2011)
27 A.3d 644 PETER L. GORDON, TRUSTEE OF THE PETER L. GORDON REVOCABLE TRUST OF 1999 a. v. TOWN OF RYE. No. 2009-836.Supreme Court of New Hampshire. Rockingham.Argued: September 23, 2010. Opinion Issued: June 15, 2011. 1. Courts — Jurisdiction — Subject Matter Jurisdiction Subject matter jurisdiction is jurisdiction over the nature of the case […]
STATE v. BRADY, 122 N.H. 110 (1982)
441 A.2d 1165 THE STATE OF NEW HAMPSHIRE v. DENNIS BRADY No. 81-199Supreme Court of New Hampshire Rockingham Decided February 12, 1982 Appeal and Error — Affirmance — Grounds Where defendant was found guilty of a parking violation and on appeal challenged the constitutionality of the appellate filing fee, the supreme court upheld the fee, […]
COLBY v. McCLINTOCK, 68 N.H. 176 (1894)
40 A. 397 COLBY v. McCLINTOCK a. Supreme Court of New Hampshire Coos. Decided June, 1894. The holder of a note secured by mortgage may pursue his separate remedies on the note and on the mortgage successively or concurrently; and if concurrently, the amount of the judgment in each suit will be the full amount […]
MORRISS v. TOWLE HILL ASSOCIATES, 138 N.H. 452 (1994)
641 A.2d 1015 JAMES E. MORRISS v. TOWLE HILL ASSOCIATES, INC. No. 91-134Supreme Court of New Hampshire Rockingham Decided May 16, 1994 1. Judgments — Default Judgments; Setting Aside — Discretion of Court Decision to strike a default is within trial court’s discretion and will not be disturbed unless court clearly abused its discretion or […]
THOMPSON v. SMITH, 57 N.H. 306 (1877)
THOMPSON v. SMITH, CONCORD GRANITE CO., TR. Supreme Court of New Hampshire FROM MERRIMACK CIRCUIT COURT. Decided August 10, 1877. Assignment of wages to be earned — Trustee process. A, being at work in the employment of B, desired to borrow money of C, and it was verbally agreed between the three that A should […]
STRATTON v. STRATTON, 82 N.H. 125 (1925)
129 A. 876 PEARL A. STRATTON v. ISRAEL STRATTON a. Supreme Court of New Hampshire Hillsborough. Decided June 25, 1925. Evidence that a promissory note was signed by the defendant upon the false representation that it was to replace an earlier note which had been lost is not open to objection as tending to vary […]
STATE v. GAIOLAS, 116 N.H. 216 (1976)
356 A.2d 695 STATE OF NEW HAMPSHIRE v. KENNETH GAIOLAS No. 7070Supreme Court of New Hampshire Rockingham Decided April 30, 1976 1. Whether due process is violated is not to be determined by isolation of a phrase of the prosecutor’s argument from the record. 2. In the context in which the prosecutor’s phrase “manufactured in […]
LEAVITT v. HAMELIN, 126 N.H. 670 (1985)
495 A.2d 1286 STEVE LEAVITT v. DONALD HAMELIN d/b/a UNITED HOME OWNER’S DEVELOPMENT CORP. a/k/a U.H.O.D.C. No. 84-295Supreme Court of New Hampshire Derry District Court Decided June 19, 1985 1. Costs — Attorney Fees — Generally Absent a statutory mandate, an agreement between the parties or a judicially-created exception, each party must bear his own […]
LAPIERRE v. SAWYER, 131 N.H. 609 (1989)
557 A.2d 640 MARCEL H. LAPIERRE v. DAVID SAWYER No. 88-066Supreme Court of New Hampshire Hillsborough Decided May 3, 1989 1. Evidence — Habit — Admissibility Admissibility of habit evidence depends on the facts of each case. N.H. R. Ev. 406. 2. Evidence — Habit — Particular Cases In negligence action for injury suffered by […]
STATE v. PINARDVILLE ATHLETIC CLUB, 134 N.H. 462 (1991)
594 A.2d 1284 THE STATE OF NEW HAMPSHIRE v. PINARDVILLE ATHLETIC CLUB No. 89-460Supreme Court of New Hampshire Hillsborough Decided July 24, 1991 1. Appeal and Error — Preservation of Questions — Specific Objections Where trial court knew basis of defense counsel’s objection at trial to jury instruction, notwithstanding that counsel failed to clearly articulate […]
SMITH v. HOOPER, 89 N.H. 452 (1938)
200 A. 780 DAVID R. SMITH v. HADDON HOOPER. Supreme Court of New Hampshire Rockingham. Decided June 21, 1938. One who conducts a public show which includes a dangerous game played by children on horseback is bound to exercise due care to enforce a rule which he had adopted against their carrying whips, although there […]
DUANE v. NORTHEAST HANDLING SYSTEMS, 107 N.H. 260 (1966)
220 A.2d 765 HERBERT T. DUANE, JR. v. NORTHEAST HANDLING SYSTEMS, INC. No. 5473.Supreme Court of New Hampshire Hillsborough.Argued May 5, 1966. Decided June 30, 1966. 1. Where the plaintiff entered into a contract with the defendant for the purchase of certain equipment at a specified price to be paid in installments, and made a […]
TOWN OF GOFFSTOWN v. THIBEAULT, 129 N.H. 454 (1987)
529 A.2d 930 TOWN OF GOFFSTOWN v. ERNEST THIBEAULT, III No. 86-063Supreme Court of New Hampshire Goffstown District Court Decided July 10, 1987 1. Municipal Corporations — Police Power and Regulations — Earth Removal The regulation of earth excavation is an exercise of the police and general welfare powers of the towns, exclusive of the […]
CHASE v. DODGE, 59 N.H. 350 (1879)
CHASE v. DODGE a. Supreme Court of New Hampshire Merrimack. Decided December, 1879. An amendment of a declaration “averring substantially the same facts,” does not change the cause of action, and may be allowed. TRESPASS quare clausum. Plea, the general issue. Facts found by a referee. The plaintiff formerly owned the premises in question, and […]
BUXTON v. GLENNON, 122 N.H. 674 (1982)
448 A.2d 420 KATHERINE J. BUXTON v. ESTHER GLENNON No. 81-274Supreme Court of New Hampshire Merrimack Decided July 14, 1982 1. Appeal and Error — Transcript — Absence In the absence of a transcript on appeal, the only question before the supreme court is whether errors of law appear in the record. 2. Appeal and […]
STATE v. CHURCH, 115 N.H. 537 (1975)
345 A.2d 392 STATE OF NEW HAMPSHIRE v. ROBERT CHURCH No. 7140Supreme Court of New Hampshire Carroll Decided September 30, 1975 1. All persons convicted of a particular crime do not have to receive the same sentence, for even if the crimes were identical, the defendants may not be. 2. The defendant’s challenge to the […]
DINGLEY v. DINGLEY, 121 N.H. 670 (1981)
433 A.2d 1281 ALDA F. DINGLEY v. ALFRED J. DINGLEY No. 80-375Supreme Court of New Hampshire Rockingham Decided August 5, 1981 1. Parent and Child — Custody and Control of Children — Emancipation The general rule is that a child becomes emancipated when he enters the military, at least for the period of his military […]
FOWLER v. BECKMAN, 66 N.H. 424 (1891)
30 A. 1121 FOWLER v. BECKMAN a. Supreme Court of New Hampshire Rockingham. Decided June, 1891. Service of a copy of an injunction, order, or decree is sufficient notice of the injunction without a writ. A person who knowingly aids and abets in the violation of a decree which enjoins the defendants, “their servants, aiders […]
BONNIN v. RAILROAD, 77 N.H. 559 (1915)
94 A. 196 FRANCIS BONNIN v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided May 4, 1915. In an action for negligence, either at common law or under the employers’ liability act, the plaintiff cannot recover if it is shown by a preponderance of evidence that want of due care on his part […]
JOHNSON v. KORSAK, INC., 120 N.H. 412 (1980)
415 A.2d 1141 NORMA S. JOHNSON v. WILLIAM P. KORSAK, INC. No. 79-355Supreme Court of New Hampshire Hillsborough Decided June 12, 1980 1. Contracts — Specific Performance — Discretion of Trial Court A decree for specific relief is not a matter of right but rests in the sound discretion of the court according to circumstances […]
KRZYSZTALOWSKI v. FORTIN, 108 N.H. 187 (1967)
230 A.2d 750 MARY S. KRZYSZTALOWSKI a. v. GEORGE FORTIN a. No. 5593.Supreme Court of New Hampshire Sullivan.Argued June 6, 1967. Decided June 30, 1967. 1. The extent to which the State’s immunity from suits should be preserved or waived is purely a legislative question. 2. The State cannot be sued without its consent and […]
MESSER v. SMYTH, 59 N.H. 41 (1879)
MESSER v. SMYTH. Supreme Court of New Hampshire Rockingham. Decided June, 1879. Whether a false representation made by the vendor in a material matter in a sale of land is actionable, depends upon whether it relates to a matter concerning which both parties have not equal means of knowledge, and whether it is an expression […]
BRADLEY v. PATTERSON, 121 N.H. 802 (1981)
435 A.2d 129 JACK L. BRADLEY v. JOHN PATTERSON, JR., a. No. 80-432Supreme Court of New Hampshire Grafton Decided September 16, 1981 1. Easements — Right-of-Way by Necessity Easements by necessity arise from the implied intent of the parties. 2. Easements — Right-of-Way by Necessity Necessity alone is insufficient to create an easement; rather, surrounding […]
STATE v. LICKS, 154 N.H. 491 (2006)
THE STATE OF NEW HAMPSHIRE v. MICHAEL LICKS. No. 2005-717.Supreme Court of New Hampshire Lebanon District Court.Argued: October 26, 2006. Opinion Issued: December 6, 2006. 1. Search and Seizure — Generally — Constitutional Provisions A police encounter with a citizen does not always amount to a seizure of the person. So long as a reasonable […]
BATTLE v. KNAPP, 60 N.H. 361 (1880)
BATTLE v. KNAPP. Supreme Court of New Hampshire Cheshire. Decided December, 1880. Section 3 of c. 240, Gen. Laws, in relation to the approval of bonds given by poor debtors, is not imperative, and may be waived by the creditor; and if voluntarily and without objection, he takes a bond not so approved, it will […]
STATE v. PALMER, 65 N.H. 9 (1888)
17 A. 977 STATE v. PALMER a. Supreme Court of New Hampshire Strafford. Decided December, 1888. When none of the physical facts bearing upon the question of domicil are in dispute, the mental fact of intention is the sole issue for the jury to determine. INDICTMENT of the defendants, as supervisors of the town of […]
SMITH v. RAILROAD, 85 N.H. 463 (1932)
160 A. 480 MICHAEL SMITH v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Belknap. Decided May 3, 1932. The law does not adopt particular circumstances as the measure of due care but holds the actor only to the standard of care of the average prudent person under all the circumstances. Certain evidence as to […]
STATE v. COMLEY, 130 N.H. 688 (1988)
546 A.2d 1066 THE STATE OF NEW HAMPSHIRE v. STEPHEN COMLEY No. 87-239Supreme Court of New Hampshire Concord District Court Decided July 28, 1988 1. Constitutional Law — Freedom of Speech and Press — Generally The State constitutional right of free speech is not absolute, but may be subject to reasonable time, place and manner […]
PUBLIC SERV. CO. v. LOVEJOY GRANITE CO., 114 N.H. 630 (1974)
325 A.2d 785 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE v. LOVEJOY GRANITE COMPANY No. 6916Supreme Court of New Hampshire Public Utilities Commission Decided September 30, 1974 1. RSA ch. 498-A (Supp. 1973), the Eminent Domain Procedure Act enacted by Laws 1971, ch. 526 with the intent to provide a complete and exclusive procedure to govern […]
OPINION OF THE JUSTICES, 96 N.H. 513 (1949)
68 A.2d 859 OPINION OF THE JUSTICES. No. 3885.Supreme Court of New Hampshire Decided October 14, 1949. The assignment of certain additional executive duties to the Tax Commission to perform administrative acts is within the discretion of the Legislature and involves no constitutional question. The fact that a taxpayer’s only appeal on questions of fact […]
STATE v. MITCHELL, 124 N.H. 210 (1983)
470 A.2d 885 THE STATE OF NEW HAMPSHIRE v. JOHN MITCHELL No. 82-232Supreme Court of New Hampshire Sullivan Decided December 7, 1983 1. Trial — Argument of Counsel — Non-Prejudicial Arguments In prosecution for aggravated felonious sexual assault, where the prosecutor stated during closing argument that the complainant “might not have been very smart to […]
BUXTON v. LANGAN, 90 N.H. 13 (1939)
3 A.2d 647 LAURA BUXTON v. FRANCIS M. LANGAN. FRANK C. BUXTON v. SAME. LAURA BUXTON v. HARRY BUXTON. FRANK BUXTON v. SAME. No. 3019.Supreme Court of New Hampshire Hillsborough. Decided January 3, 1939. Evidence of habit is relevant on the issue whether certain conduct occurred; and, though there is direct evidence of what was […]
STATE v. KNOWLTON, 102 N.H. 221 (1959)
152 A.2d 624 STATE ex rel BROWN v. KNOWLTON. No. 4758.Supreme Court of New Hampshire Original.Argued June 3, 1959. Decided July 10, 1959. 1. The superintending control over inferior courts by the Supreme Court under RSA 490:4 is comprehensive and the court will assume jurisdiction “to prevent and correct errors and abuses” when warranted by […]
AETNA INS. CO. v. AMERICAN SKI CORP., 119 N.H. 974 (1979)
409 A.2d 1356 AETNA INSURANCE COMPANY v. AMERICAN SKI CORPORATION a. No. 79-260Supreme Court of New Hampshire Merrimack Decided December 28, 1979 1. Appeal and Error — Findings — Supporting Evidence The findings of a master are binding on an appeal if they are supported by evidence from which a reasonable person could have reached […]
ZORN v. DEMETRI, 158 N.H. 437 (2009)
DANIEL ZORN a. v. GEORGE DEMETRI a. No. 2008-402.Supreme Court of New Hampshire. Nashua District Court.Submitted: February 18, 2009. Opinion Issued: March 18, 2009. 1. Statutes — Generally — Legislative History or Intent It is one of the surest indexes of a mature and developed jurisprudence not to make a fortress out of the dictionary, […]
BOW v. FARRAND, 77 N.H. 451 (1915)
92 A. 926 BOW a. v. GEORGE E. FARRAND, State Treas. Supreme Court of New Hampshire Merrimack. Decided January 5, 1915. A tax is equal and proportional, within the meaning of article 5 of the constitution, if it is levied at the same percentage of value on all taxable property in the taxing district, and […]
LANGLEY v. TILTON, 67 N.H. 88 (1891)
36 A. 610 LANGLEY a. v. TILTON, Ex’r, a. Supreme Court of New Hampshire Rockingham. Decided December, 1891. A devise to a wife “to her use and benefit forever,” followed by a provision that she is to be amply supported “out of said estate during her natural life, and to use and dispose of the […]
OPINION OF THE JUSTICES, 106 N.H. 449 (1965)
213 A.2d 915 OPINION OF THE JUSTICES. No. 5422.Supreme Court of New Hampshire Request of Governor and Council.Submitted October 14, 1965. Answer returned October 21, 1965. 1. Where the Legislature at its 1963 session appropriated a specified amount for each of the two ensuing years as “Special aid to the twenty school districts having the […]
STATE v. PELKY, 131 N.H. 715 (1989)
559 A.2d 1345 THE STATE OF NEW HAMPSHIRE v. MICHAEL PELKY No. 87-420Supreme Court of New Hampshire Rockingham Decided June 28, 1989 1. Indictment and Information — Sufficiency — Particular Cases Indictment charging defendant with second degree assault for striking a bicyclist with his truck could properly be read to specify an overt act of […]
CLARK v. MANCHESTER, 56 N.H. 502 (1876)
CLARKE v. MANCHESTER. Supreme Court of New Hampshire HILLSBOROUGH COUNTY. Decided March 21, 1876. Discontinuance of highway pending appeal — Practice. A highway laid out by the county commissioners, upon appeal from the mayor and aldermen of a city, may be discontinued while the appeal is pending as to land damages, leave of the court […]
STILLMAN v. KINSMAN MFG. CO., 109 N.H. 130 (1968)
244 A.2d 191 MELVILLE A. STILLMAN a. v. KINSMAN MFG. Co. No. 5728.Supreme Court of New Hampshire Belknap.Argued April 3, 1968. Decided July 17, 1968. 1. In actions by officers of a corporation for services performed for the corporation the Trial Court properly found that plaintiffs were estopped to claim under an oral agreement concerning […]
MARTIN v. LIVINGSTON, 68 N.H. 562 (1896)
39 A. 432 MARTIN v. LIVINGSTON. Supreme Court of New Hampshire Hillsborough. Decided June, 1896. When the facts reported merely disclose evidence which might justify a verdict for either party, the question involved is not one for consideration at the law term. ASSUMPSIT, for beef, apples, and veal sold and delivered. Facts found by the […]
APPEAL OF PARMELEE, 127 N.H. 758 (1986)
508 A.2d 1041 APPEAL OF JANICE M. PARMELEE (New Hampshire Department of Employment Security) No. 84-479Supreme Court of New Hampshire Department of Employment Security Decided April 9, 1986 1. Unemployment Compensation — Eligibility — Retirement Account Department of employment security may not offset the amount of a non-retired claimant’s retirement funds against the claimant’s eligibility […]
SAVAGE v. TOWN OF RYE, 120 N.H. 409 (1980)
415 A.2d 873 JOHN W. SAVAGE a. v. TOWN OF RYE No. 79-308Supreme Court of New Hampshire Rockingham Decided June 12, 1980 1. Zoning — Application for Subdivision — Conditions to Approval Statutory language clearly states that town planning board has ninety days to act on any plat submitted to it and must state its […]
STATE v. BARRON, 137 N.H. 29 (1993)
623 A.2d 216 THE STATE OF NEW HAMPSHIRE v. ELMER LEE BARRON No. 91-197Supreme Court of New Hampshire Rockingham Decided April 7, 1993 1. Search and Seizure — Issuance of Warrant — Generally Neither governing statute nor prescribed search warrant form required issuing magistrate to specifically authorize nighttime search of defendant’s apartment where warrant language […]
IN RE APPEAL OF OMEGA ENTM’T, 156 N.H. 282 (2007)
APPEAL OF OMEGA ENTERTAINMENT, LLC (New Hampshire State Liquor Commission). No. 2006-122.Supreme Court of New Hampshire. Liquor Commission.Argued: February 22, 2007. Opinion Issued: October 16, 2007. 1. Appeal and Error — Plain Error — Tests Under the plain error rule, the following four elements are considered: (1) there must be an error; (2) the error […]
WEBSTER v. WEBSTER, 58 N.H. 247 (1878)
WEBSTER v. WEBSTER, Adm’r. Supreme Court of New Hampshire Rockingham. Decided March, 1878. To maintain a bill in equity for recovering a claim against a deceased person’s estate, under c. 7, s. 2, Laws of 1872, it is not necessary to allege or prove the exhibition of the claim to the administrator within two years […]
OPINION OF THE JUSTICES, 116 N.H. 406 (1976)
360 A.2d 116 OPINION OF THE JUSTICES No. 7493Supreme Court of New Hampshire Request of Governor and Council Decided June 30, 1976 1. It is not the prerogative of the Governor and Council to regulate the conduct of the members of the legislature. 2. Because the executive power of the State is vested in the […]
HOLMAN-BAKER CO. v. PRE-DESIGN CO., 104 N.H. 116 (1962)
179 A.2d 454 HOLMAN-BAKER CO., INC. v. PRE-DESIGN, INC. No. 4999.Supreme Court of New Hampshire Rockingham.Submitted March 7, 1962. Decided April 3, 1962. 1. In the world of credit there is emerging a rule, consistent with modern business practices, under which a principal is bound by the promise of his general agent, whether or not […]
PETITION OF BLACKFORD, 138 N.H. 132 (1993)
635 A.2d 501 PETITION OF PAUL BLACKFORD (New Hampshire Department of Labor) No. 92-456Supreme Court of New Hampshire Original Decided December 23, 1993 1. Workers’ Compensation — Rehearings and Appeals — Generally Because permanent impairment awards of the labor department in workers’ compensation cases are final, the appropriate remedy is certiorari. RSA 281-A:32, XII (Supp. […]
LAWRENCE v. TOOTHAKER, 75 N.H. 148 (1908)
71 A. 534 LAWRENCE v. TOOTHAKER a. Supreme Court of New Hampshire Coos. Decided December 1, 1908. One who enters into a contract with officers of a municipality is chargeable with knowledge of the limitations of their authority. Municipal officers who contract in their official capacity, but beyond the scope of their authority, are not […]
APPEAL OF SUTTON, 141 N.H. 348 (1996)
684 A.2d 1346 APPEAL OF TAMMY M. SUTTON (New Hampshire Compensation Appeals Board) No. 95-423Supreme Court of New Hampshire Compensation Appeals Board Decided September 30, 1996 1. Administrative Law — Administrative Appeal — Standards of Review The court will affirm the New Hampshire Compensation Appeals Board’s (Board) decision unless the petitioner can demonstrate by a […]
SCHOOL-DISTRICT v. CONCORD, 64 N.H. 235 (1886)
9 A. 630 SCHOOL-DISTRICT NO. 16 v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided December, 1886. A balance of a fund of an abolished school-district, remaining after the assessment and remission of the equalizing tax authorized by Laws of 1885, c. 43, s. 2, is applied by law, as nearly as may be, to […]
BRESNAHAN v. COMPANY, 88 N.H. 273 (1936)
188 A. 10 JOHN J. BRESNAHAN v. MANCHESTER COAL ICE CO. MARY A. BRESNAHAN v. SAME. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1936. In case for negligently driving a car, the plaintiff assumes no greater burden than to make it appear slightly more probable than otherwise that the injury was caused by […]
ELA v. CABLE CO., 71 N.H. 1 (1901)
51 A. 281 ELA v. POSTAL TELEGRAPH CABLE CO. Supreme Court of New Hampshire Hillsborough. Decided May 28, 1901. Where there is sufficient competent evidence to warrant its submission, the question whether the defendant’s negligence was the proximate cause of the plaintiff’s injury is one of fact to be determined by the jury. The fact […]
HORNE v. SCHOOL DISTRICT, 75 N.H. 411 (1910)
75 A. 431 HORNE v. CHESTER SCHOOL DISTRICT. Supreme Court of New Hampshire Rockingham. Decided February 1, 1910. Since the enactment of the Public Statutes in 1891, it has not been the duty of school boards to provide board for teachers. A regulation adopted by a school board is not valid unless it has been […]
OPINION OF THE JUSTICES, 76 N.H. 601 (1911)
81 A. 170 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided October 4, 1911. The fact that an act is found in the office of the secretary of state with other public acts passed at the same session, and that it is signed by the speaker of the house and the president of […]
HUTCHINS v. BERRY, 74 N.H. 598 (1906)
65 A. 254 HUTCHINS v. BERRY a. Supreme Court of New Hampshire Carroll. Decided November 7, 1906. The plaintiff’s motion to bring forward this case and others between the same parties (73 N.H. 611, 603, 310; 72 N.H. 211, 77; 71 N.H. 128, 117), and for further modifications of the order regulating the use of […]
BLANCHARD CO. v. COMPANY, 80 N.H. 161 (1921)
115 A. 4 GEORGE W. BLANCHARD SON CO. v. AMERICAN REALTY CO. Supreme Court of New Hampshire Coos. Decided June 29, 1921. Under P. S., c. 137, s. 3 the title to standing timber cannot be transferred by an instrument not under seal. If contract, not under seal, for the sale of standing timber provides […]
JACOBS v. DIRECTOR, 149 N.H. 502 (2003)
823 A.2d 752 LORI JACOBS v. DIRECTOR, N.H. DIVISION OF MOTOR VEHICLES No. 2002-317Supreme Court of New Hampshire RockinghamArgued March 12, 2003 Opinion Issued May 16, 2003 1. Highways — Motor Vehicles — Driver’s Licenses Where plaintiff appealed the suspension of her driver’s license at an administrative license suspension hearing, the superior court erred in […]
APPEAL OF GAS SERVICE, INC., 121 N.H. 602 (1981)
431 A.2d 795 APPEAL OF GAS SERVICE, INC. (New Hampshire Public Utilities Commission) No. 80-424Supreme Court of New Hampshire Public Utilities Commission Decided June 26, 1981 1. Public Utilities — Rate Increases — Investigation of Proposed Increase Where utilities corporation duly filed proposed new tariff with New Hampshire Public Utilities Commission containing rate increase to […]
SEETON v. DUNBARTON, 72 N.H. 269 (1903)
56 A. 197 SEETON v. DUNBARTON. Supreme Court of New Hampshire Merrimack. Decided October 13, 1903. In an action for injuries caused by a defective highway, evidence that other horses were frightened by a stump left beside the road is admissible to show that the plaintiff’s horses were frightened by the same object, and is […]
CROWLEY v. CROWLEY, 72 N.H. 241 (1903)
56 A. 190 CROWLEY v. CROWLEY. Supreme Court of New Hampshire Merrimack. Decided October 6, 1903. A plaintiff who seeks to establish an equitable ownership in realty, by an action against the residuary legatee of the person in whom the legal title is vested, is not excluded as a witness in his own behalf, under […]
SAWYER v. ASSOCIATION, 75 N.H. 276 (1909)
73 A. 168 SAWYER v. MASONIC PROTECTIVE ASSOCIATION. Supreme Court of New Hampshire Merrimack. Decided May 4, 1909. Where a benefit certificate provides for the payment of indemnity in the event of disability which requires “absolute, necessary, continuous confinement to the house,” the insured is not entitled to recover if he is in no sense […]
STATE v. ISAACSON, 129 N.H. 438 (1987)
529 A.2d 923 THE STATE OF NEW HAMPSHIRE v. JUDITH ISAACSON No. 86-311Supreme Court of New Hampshire Strafford Decided June 8, 1987 1. Witnesses — Cross-Examination — Discretion of Trial Judge While cross-examination is a matter of right, trial judges had broad discretion in this area at common law and continue to have broad discretion […]
PLOURDE SAND v. JGI EASTERN, 154 N.H. 791 (2006)
PLOURDE SAND GRAVEL CO. v. JGI EASTERN, INC. f/k/a JAWORSKI GEOTECH, INC. No. 2005-912.Supreme Court of New Hampshire Hooksett District Court.Argued: October 18, 2006. Opinion Issued: February 16, 2007. 1. Dismissal — Practice and Procedure — Review In reviewing the trial court’s grant of a motion to dismiss, it is necessary to ascertain whether the […]
BOHANAN v. RAILROAD, 70 N.H. 526 (1900)
49 A. 103 BOHANAN v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided December, 1900. Testimony as to the statements of an alleged agent respecting his authority is not admissible to prove the same. Evidence that a railroad company recognized the settlement of a claim for damages, by the payment of money and […]
FOURNIER v. KATTAR, 108 N.H. 424 (1968)
238 A.2d 12 MARGUERITE FOURNIER a. v. GEORGE T. KATTAR a. No. 5607.Supreme Court of New Hampshire Carroll.Argued October 4, 1967. Decided January 30, 1968. 1. Certain restrictions to residential uses uniformly imposed upon lots sold out of a large land development, which the purchasers agreed to keep and comply with for the benefit of […]
OPINION OF THE JUSTICES, 115 N.H. 44 (1975)
332 A.2d 165 OPINION OF THE JUSTICES No. 7122Supreme Court of New Hampshire Request of the Senate Decided February 7, 1975 1. While exercising the office of Governor pursuant to part II, article 49 of the New Hampshire constitution, the president of the senate cannot vote as a member of the senate upon a measure […]
HALE v. RAILROAD, 60 N.H. 333 (1880)
HALE a. v. THE NASHUA LOWELL RAILROAD a. Supreme Court of New Hampshire Hillsborough. Decided December, 1880. A bill in equity by bondholders seeking to foreclose a railroad mortgage, and also to recover bonds claimed by a part of the plaintiffs and alleged to be wrongfully held by one of the defendants, is not bad […]
PORTSMOUTH HIST. SOC. v. PORTSMOUTH, 89 N.H. 283 (1938)
197 A. 712 PORTSMOUTH HISTORICAL SOCIETY v. PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided March 1, 1938. The Portsmouth Historical Society, a corporation “organized. . . to preserve, collect and perpetuate . . . historical facts, traditions, biography, features and possessions” of that city and vicinity and which maintains on exhibition antique furniture, books, […]
STATE v. COSSETTE, 151 N.H. 355 (2004)
856 A.2d 732 THE STATE OF NEW HAMPSHIRE v. THOMAS P. COSSETTE. No. 2003-142.Supreme Court of New Hampshire Carroll.Argued: July 15, 2004. Opinion Issued: August 31, 2004. 1. Indictment and Information — Joinder — Generally Misjoinder of criminal offenses is subject to harmless error analysis. 2. Indictment and Information — Joinder — Particular Cases Any […]
STATE v. CHURCH, 113 N.H. 692 (1973)
313 A.2d 727 STATE OF NEW HAMPSHIRE v. ROBERT CHURCH No. 6340Supreme Court of New Hampshire Carroll Decided December 28, 1973 1. The supreme court held that the indictment was sufficient, that the evidence supported the jury verdict of defendant’s guilt of committing unnatural and lascivious acts with another, and that the statute (RSA 579:9) […]
HUNTER v. HALEY, 122 N.H. 848 (1982)
451 A.2d 176 BRADBURY E. HUNTER, JR. v. DELBERT HALEY, JR., a. No. 81-423Supreme Court of New Hampshire Carroll Decided September 10, 1982 1. Workmen’s Compensation — Permanent Partial Disability The determination of permanent partial disability under the workmen’s compensation law is a matter in which the labor commissioner has finality. RSA 281:26 IV. 2. […]
QUALITY CARPETS v. CARTER, 133 N.H. 887 (1991)
587 A.2d 254 QUALITY CARPETS, INC. v. LLOYD CARTER, JR. No. 89-557Supreme Court of New Hampshire Merrimack Decided March 8, 1991 1. Statutes — Construction and Application — Legislative Intent In construing a statute, the words in the statute itself are the touchstone of the legislature’s intention. 2. Statutes — Construction and Application — Purpose […]
LARIVIERE v. NEW HAMPSHIRE INS. GROUP, 120 N.H. 168 (1980)
413 A.2d 309 ROBERT L. LARIVIERE v. NEW HAMPSHIRE INSURANCE GROUP No. 79-278Supreme Court of New Hampshire Hillsborough Decided March 5, 1980 1. Insurance — Construction of Contracts — Exclusionary Clauses Insurance policy exclusion which barred recovery by a “fellow employee” did not bar recovery by plaintiff, who was acting as the employer and not […]
LABOR READY NORTHEAST v. N.H. DEPT. OF LABOR, 147 N.H. 721 (2002)
798 A.2d 48 LABOR READY NORTHEAST, INC. v. NEW HAMPSHIRE DEPARTMENT OF LABOR No. 2001-489Supreme Court of New Hampshire MerrimackSubmitted March 29, 2002 Opinion Issued May 23, 2002 1. Labor — Compensation — Proceedings Nothing in the statutory framework of provisions regulating the payment of wages authorized the labor commissioner to purse a wage adjustment […]
NOYES v. EDGERLY, 71 N.H. 500 (1902)
53 A. 311 NOYES v. EDGERLY. Supreme Court of New Hampshire Merrimack. Decided October 9, 1902. In an action against a sheriff for false imprisonment, the defence that the plaintiff elected to treat his detention as lawful, and thereby became estopped from maintaining his action, is matter in avoidance of the writ cannot be shown […]
PERLEY v. WOODBURY, 76 N.H. 23 (1911)
78 A. 1073 PERLEY v. WOODBURY a. Supreme Court of New Hampshire Grafton. Decided January 3, 1911. The homestead right is inchoate and conditional until set out in the specific property to which it may attach, and is similar in its attributes to the wife’s right of dower in her husband’s realty. Where a wife […]
SALITO v. SALITO, 107 N.H. 53 (1966)
217 A.2d 179 ALPHONSE [ALFONSE] SALITO v. ANNE SALITO. No. 5374.Supreme Court of New Hampshire Hillsborough.Argued December 7, 1965. Decided February 28, 1966. 1. The denial of support to the wife under the Uniform Reciprocal Enforcement of Support Act by the court of another jurisdiction, where she resided, for the reason that she refused to […]
APPEAL OF MARMAC, 130 N.H. 53 (1987)
534 A.2d 710 APPEAL OF MARMAC a. (New Hampshire Public Utilities Commission) No. 86-329Supreme Court of New Hampshire Public Utilities Commission Decided November 5, 1987 1. Administrative Law — Orders and Regulations — Prerequisites to Validity An agency decree, pronouncement, statement, etc., only becomes a rule when it has met all statutory requisites, including filing […]
ISABELLE v. NEWBURY, 114 N.H. 399 (1974)
321 A.2d 570 EUGENE O. ISABELLE v. TOWN OF NEWBURY No. 6697Supreme Court of New Hampshire Merrimack Decided June 28, 1974 1. Planning board was within both its subdivision regulations and its statutory authority in denying plaintiff permission to subdivide his lot into one lot that would violate the town ordinance’s setback, frontage, and minimum […]
CAIN v. WICKENS, 81 N.H. 99 (1923)
122 A. 800 PATRICK CAIN v. FRED WICKENS. Supreme Court of New Hampshire Rockingham. Decided June 28, 1923. In an action by a bailor against one who has negligently injured the property in the hands of the bailee, his negligence is not to be imputed to the bailor when the relation between bailee and bailor […]
LAVERY v. MANCHESTER, 58 N.H. 444 (1878)
LAVERY v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided August, 1878. A traveller may have an action for injuries received from a defective highway, although thrown by the defect upon a nuisance therein, maintained by him; but he cannot recover for the enhancement of the damages occasioned by the nuisance. CASE, for injuries on […]
STATE v. THERIAULT, 157 N.H. 215 (2008)
THE STATE OF NEW HAMPSHIRE v. ROBERT THERIAULT. No. 2007-356.Supreme Court of New Hampshire. Merrimack.Argued: April 10, 2008. Opinion Issued: May 2, 2008. 1. Appeal and Error — Standards of Review —Particular Cases When the issue before the court is one of constitutional law, it is reviewed de novo. 2. Constitutional Law — Freedom of […]
JENNESS v. JONES, 68 N.H. 475 (1896)
44 A. 607 JENNESS v. JONES. Supreme Court of New Hampshire Strafford. Decided June, 1896. Independent admissions made in the course of negotiations for the compromise of a dispute may be shown in evidence. The question whether such admissions were made may properly be submitted to the jury, with instructions that if they were not […]
HANLEY v. RUSSELL, 63 N.H. 614 (1883)
HANLEY, Ap’t, v. RUSSELL, Guard’n. Supreme Court of New Hampshire Rockingham. Decided December, 1883. CLARK, J. In the appointment of a guardian of a minor, no notice is required. G. L., c. 192, s. 2. It is not necessary to consider whether, as suggested in the arguments, the controversy respecting the appointment of the defendant […]
COLE v. MORSE, 85 N.H. 214 (1931)
155 A. 694 EMMA F. COLE v. LEWIS A. MORSE. FRANK H. COLE v. SAME. Supreme Court of New Hampshire Coos. Decided June 25, 1931. A finding of gross negligence under Massachusetts law was warranted by evidence that the defendant drove his car at great speed up a hill on the wrong side of the […]
LUND v. LUND, 96 N.H. 283 (1950)
74 A.2d 557 CHRISTINE G. LUND v. PERLEY A. LUND. No. 3932.Supreme Court of New Hampshire Hillsborough. Decided July 6, 1950. Where the libelee was ordered to make weekly payments to the libellant and also to provide a monthly allowance to their minor child plus her tuition the decree is not limited in time by […]
SHILLADY v. ELLIOT COMMUNITY HOSP., 114 N.H. 321 (1974)
320 A.2d 637 GLADYS SHILLADY v. ELLIOT COMMUNITY HOSPITAL No. 6644Supreme Court of New Hampshire Cheshire Decided May 31, 1974 1. The necessary elements of a cause of action based upon negligence are the causal negligence of the defendant plus resulting harm to the plaintiff. 2. Adoption of the view that a cause of action […]
ENG KHABBAZ v. SOCIAL SEC., 155 N.H. 798 (2007)
CHRISTINE C. ENG KHABBAZ, BY AND THROUGH HER MOTHER AND NEXT FRIEND, DONNA M. ENG v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION. No. 2006-751.Supreme Court of New Hampshire U.S. District Court.Argued: May 9, 2007. Opinion Issued: August 9, 2007. 1. Descent and Distribution — StatutoryProvisions — Posthumously Conceived Children Within the meaning of the New Hampshire intestacy […]
HALL v. HALL, 70 N.H. 47 (1899)
47 A. 79 HALL, Ap’t, v. HALL a. Supreme Court of New Hampshire Strafford. Decided December, 1899. A widow is not entitled to dower in land to which her husband had a right of conveyance, and which after his decease was purchased by the administrator for the benefit of the estate. PROBATE APPEAL. Facts agreed. […]
JARVIS v. PRUDENTIAL INS. CO., 122 N.H. 648 (1982)
448 A.2d 407 GENEVIEVE D. JARVIS a. v. PRUDENTIAL INSURANCE COMPANY OF AMERICA No. 80-451 No. 81-048Supreme Court of New Hampshire Hillsborough Decided July 14, 1982 1. Pleading — Motion To Dismiss — Inferences In determining whether the defendant’s motion to dismiss should be granted, all facts properly pleaded are assumed to be true, and […]
APPEAL OF STANIELS, 142 N.H. 794 (1998)
709 A.2d 1325 APPEAL OF BRIAN STANIELS (New Hampshire Compensation Appeals Board) No. 96-437Supreme Court of New Hampshire Compensation Appeals Board Decided May 19, 1998 1. Workers’ Compensation — Rehearings and Appeals — Standard of Review The compensation appeals board’s decision will be overturned only for errors of law, or if, by a clear preponderance […]
POLIQUIN v. MacDONALD, 101 N.H. 104 (1957)
135 A.2d 249 FAE A. POLIQUIN, Adm’x Est. of BABY BOY POLIQUIN v. FRANCIS J. MacDONALD. No. 4557.Supreme Court of New Hampshire Strafford.Argued June 4, 1957. Decided September 30, 1957. 1. An action by the administratrix of a stillborn child for its death alleged to have resulted from defendant’s negligent operation of a motor vehicle […]
PETITION OF MOEBUS, 74 N.H. 213 (1907)
66 A. 641 PETITION OF HENRY E. MOEBUS. Supreme Court of New Hampshire Decided April 2, 1907. A question determined adversely to the petitioner by a judgment rendered in habeas corpus proceedings cannot be again litigated as a matter of right upon his subsequent application. An escaped convict is not entitled to a trial after […]
WHEELER v. CONTOOCOOK MILLS, 77 N.H. 551 (1915)
94 A. 265 ETTA M. WHEELER v. CONTOOCOOK MILLS CORPORATION. Supreme Court of New Hampshire Merrimack. Decided May 4, 1915. A misnomer of the defendant in the original writ is only pleadable in abatement and is waived by a general appearance; and if such defect be an unimportant mistake in the name of a corporation, […]