54 A.2d 163 MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY v. DONALD KNOWLTON, Insurance Commissioner of the State of New Hampshire a. No. 3675.Supreme Court of New Hampshire Merrimack. Decided July 2, 1947. Since retaliatory tax statutes are invoked only in cases where an inequitable discrimination is clearly established, the provisions of R. L., c. 325, s. […]
Category: New Hampshire Court Opinions
SMALL v. RAILROAD, 85 N.H. 330 (1932)
159 A. 298 MARION SMALL, Adm’x v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided February 2, 1932. Under the law of Vermont the application of the doctrine of last clear chance requires that the plaintiff’s negligence has ceased to be operative and become a mere condition, that subsequently the defendant was negligent […]
McDONNELL v. MERRILL, 79 N.H. 379 (1920)
109 A. 264 CHARLES W. McDONNELL v. FRANK L. MERRILL a. Supreme Court of New Hampshire Merrimack. Decided March 2, 1920. The remark by counsel for defendant, arguendo, that “if he is liable in this case, he is mortgaged forever,” being an immaterial and prejudicial statement as to his financial ability vitiates his verdict. CASE, […]
EDWARDS v. LAMB, 69 N.H. 599 (1899)
45 A. 480 EDWARDS v. LAMB. Supreme Court of New Hampshire Belknap. Decided June, 1899. A physician is liable for injuries resulting from his negligent assurance that the dressing of a wound was not attended with danger of infection. CASE, for negligence. The declaration alleged that the defendant, a physician and surgeon, was employed to […]
STATE v. ALLEN, 128 N.H. 390 (1986)
514 A.2d 1263 THE STATE OF NEW HAMPSHIRE v. ROBERT ALLEN No. 84-537Supreme Court of New Hampshire Merrimack Decided August 7, 1986 1. Homicide — Attempted Murder — Elements Attempted murder is a single, generic crime comprising an act committed with the purpose to cause the death of another, when that act is a substantial […]
STATE v. MOULTON, 131 N.H. 467 (1989)
554 A.2d 1292 THE STATE OF NEW HAMPSHIRE v. JAMES MOULTON No. 87-462Supreme Court of New Hampshire Hillsborough Decided March 6, 1989 Constitutional Law — Due Process — Suppression of Favorable Evidence Defendant’s claim that he was denied due process because the State suppressed or withheld evidence either in bad faith or with culpable negligence […]
PLIMPTON v. THEOS, 113 N.H. 651 (1973)
312 A.2d 686 EDWARD L. PLIMPTON v. LEWIS THEOS No. 6661Supreme Court of New Hampshire Hillsborough Decided November 30, 1973 1. Plaintiff’s testimony that he had never drilled a well on a flat rate basis was admissible as evidence of a party’s custom probative of his intent or action. 2. Trier of fact’s function is […]
GUERIN v. COMPANY, 70 N.H. 133 (1899)
46 A. 185 GUERIN v. NEW ENGLAND TELEPHONE AND TELEGRAPH CO. Supreme Court of New Hampshire Merrimack. Decided December, 1899. The declarations of an agent are not binding upon the principal unless made by virtue of express authority, or required by the ordinary prosecution of the business in which he is engaged. In an action […]
LANG v. STOCKWELL, 55 N.H. 561 (1875)
LANG v. STOCKWELL Supreme Court of New Hampshire Strafford. Decided August 12, 1875. Secret trust — Reservation of use of chattel by vendor. Upon the sale of a chattel, it was agreed as part of the bargain that the vendor should still have the right to use the thing sold, in and about his business. […]
DOLAN v. MAPLE LEAF HEALTH CARE CENTER INC., 119 N.H. 424 (1979)
402 A.2d 196 MARION B. DOLAN v. MAPLE LEAF HEALTH CARE CENTER, INC. EPSOM MANOR HEALTH CENTER, INC. No. 79-029Supreme Court of New Hampshire Hillsborough Decided May 23, 1979 1. Judgments — Summary Judgment — Affidavits Although a counter-affidavit opposing motion for summary judgment must contain more than vague and general allegations, it need not […]
WHITTIER v. INSURANCE CO., 55 N.H. 141 (1875)
WHITTIER v. THE HARTFORD FIRE INS. CO. Supreme Court of New Hampshire Belknap. Decided March 11, 1875. A citizen of this state brought an action in the supreme court of this state against a corporation created by the legislature of the state of Connecticut, and having its principal place of business in the latter state. […]
CADLE CO. v. BOURGEOIS, 149 N.H. 410 (2003)
821 A.2d 1001 THE CADLE COMPANY, SERVICING AGENT FOR CADLE PROPERTIES OF NEW HAMPSHIRE, INC. v. MAURICE BOURGEOIS a. No. 2002-165Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued January 14, 2003 Opinion Issued April 28, 2003 1. Partnerships — Generally — Dissolution A partnership-at-will may be dissolved at any time by the express will of […]
HAMILTON BANK v. HORTON, 68 N.H. 235 (1894)
44 A. 296 HAMILTON NATIONAL BANK v. HORTON Tr. Supreme Court of New Hampshire Hillsborough. Decided December, 1894. In the absence of fraud, wages of the defendant which have been once attached by the plaintiff in the hands of the trustee, and the trustee discharged, may be held in a second suit by the plaintiff […]
STATE v. SCARLETT, 118 N.H. 904 (1978)
395 A.2d 1244 THE STATE OF NEW HAMPSHIRE v. MICHAEL SCARLETT No. 78-116Supreme Court of New Hampshire Hillsborough Decided December 29, 1978 1. Criminal Law — Public Prosecutor — Standard of Conduct A public prosecutor is to be held to a high standard of conduct. 2. Evidence — Blood-Stained Bedspread — Admissibility Where exception was […]
JENKINS v. CANAAN MUN. CT., 116 N.H. 616 (1976)
366 A.2d 208 FOSTER JENKINS v. CANAAN MUNICIPAL COURT No. 7230Supreme Court of New Hampshire Grafton Decided October 29, 1976 1. A defendant tried before a municipal or district court presided by a nonlawyer judge is not deprived under New Hampshire’s two-tier Court system of his right to a fair trial and to the effective […]
STATE v. ARTHUR, 118 N.H. 561 (1978)
391 A.2d 884 THE STATE OF NEW HAMPSHIRE v. ANDREW L. ARTHUR No. 78-068Supreme Court of New Hampshire Rockingham Decided September 18, 1978 1. New Trial — Grounds To warrant a new trial or dismissal of the charges, the defendant must at least show that the evidence was favorable to him and that he has […]
WALLS v. OXFORD MANAGEMENT CO., 137 N.H. 653 (1993)
633 A.2d 103 DEANNA WALLS v. OXFORD MANAGEMENT COMPANY, INC. AND NASHUA-OXFORD BAY ASSOCIATES LIMITED PARTNERSHIP No. 92-338Supreme Court of New Hampshire U.S. District Court Decided November 4, 1993 1. Negligence — Duty — Generally Claims for negligence rest primarily upon a violation of some duty owed by the offender to the injured party; absent […]
LYNCH v. GRUNDY, 97 N.H. 286 (1952)
86 A.2d 114 NORMAN P. LYNCH v. LOWIE GRUNDY a. No. 4085.Supreme Court of New Hampshire Belknap. Decided February 5, 1952. In the absence of proof of the law of the foreign jurisdiction where a contract was made, the rights of the parties in an action for breach thereof are governed by the law of […]
STATE v. MARTIN, 145 N.H. 313 (2000)
761 A.2d 500 THE STATE OF NEW HAMPSHIRE v. KELSEY MARTIN No. 98-393Supreme Court of New Hampshire Rockingham Decided October 16, 2000 1. Appeal and Error — Harmless Error — Particular Cases At trial for aggravated felonious sexual assault, there was no reversible error in permitting State to introduce child victim’s prior consistent statement that […]
BATES v. HAZEN, 63 N.H. 618 (1885)
BATES v. HAZEN. Supreme Court of New Hampshire Merrimack. Decided June, 1885. ASSUMPSIT on an account annexed. Trial by the court. The dispute was, whether the plaintiff agreed to take the note of one Nichols in payment, provided Nichols said he would pay the note to him, or whether he took it as collateral security […]
STATE v. McMILLAN, 114 N.H. 569 (1974)
324 A.2d 732 STATE OF NEW HAMPSHIRE v. EDWARD F. McMILLAN No. 6681Supreme Court of New Hampshire Hillsborough Decided August 26, 1974 1. Evidence warranted a finding that an assault by the defendant was an aggravated assault and warranted denial of his motion for acquittal. 2. No possibility of prejudice resulted from the trial court’s […]
IN RE GIBB ESTATE, 110 N.H. 185 (1970)
263 A.2d 667 In re ANNE L. GIBB ESTATE No. 5938Supreme Court of New Hampshire Hillsborough Probate Court Decided March 31, 1970 1. The portion of the residue of an estate for which there is no testamentary provision for disposition after the death of the life beneficiary designated in the will passes as intestate property […]
MACKEY v. RAILWAY, 76 N.H. 581 (1912)
85 A. 1134 MACKEY, Adm’r, v. GRAND TRUNK RAILWAY CO. Supreme Court of New Hampshire Coos. Decided December 3, 1912. CASE, for negligence causing the death of Margaret Duggan, the plaintiff’s intestate. Trial by jury at the December term, 1911, of the superior court. At the close of the plaintiff’s evidence and subject to his […]
CITY OF ROCHESTER v. SMITH, 121 N.H. 184 (1981)
427 A.2d 53 CITY OF ROCHESTER a. v. WILLIAM SMITH a. No. 80-337Supreme Court of New Hampshire Strafford Decided March 11. 1981 Appeal and Error — Remand — Scope Workmen’s compensation claimant who had full opportunity in original trial to litigate and submit evidence on duration of his disability was not entitled, on remand to […]
CEDERGREN v. CLARKE, 99 N.H. 421 (1955)
112 A.2d 882 OSCAR W. CEDERGREN v. FREDERICK N. CLARKE, Commissioner. No. 4393.Supreme Court of New Hampshire Hillsborough.Argued March 1, 1955. Decided March 25, 1955. Where more severe penalties are prescribed by statute for a subsequent criminal offense they may not be imposed in the absence of an allegation and proof of a prior conviction. […]
MARSH v. GARNEY, 69 N.H. 236 (1897)
45 A. 745 MARSH v. GARNEY Tr., ROLLINS, Claimant. Supreme Court of New Hampshire Merrimack. Decided December, 1897. A parol assignment of an account, accompanied with authority to collect it and apply the avails to the payment of the assignor’s debt to the assignee, is valid without notice to the assignor’s debtor, and takes precedence […]
O’CONNOR v. HANCOCK, 135 N.H. 251 (1992)
604 A.2d 565 JOHN W. O’CONNOR v. ANDREW HANCOCK No. 91-120Supreme Court of New Hampshire Auburn District Court Decided February 24, 1992 1. Judgment — Summary Judgment — Generally A motion for summary judgment may be granted only where no genuine issue of material fact is present, and the moving party is entitled to judgment […]
KILLOREN a. v. MURTAUGH, 64 N.H. 51 (1886)
5 A. 769 KILLOREN a. v. MURTAUGH. Supreme Court of New Hampshire Strafford. Decided June, 1886. A person in possession of land, who without fraud or mistake recognizes the title, and promises to pay rent to another who has bought and claims the land, and continues in possession under an agreement to pay rent, is […]
STATE v. FAGAN, 64 N.H. 431 (1887)
14 A. 727 STATE v. FAGAN. Supreme Court of New Hampshire Merrimack. Decided December, 1887. In a prosecution for a second offence, the defendant’s conviction of a previous offence is equally conclusive whether his plea, in the previous case, was guilty, not guilty, or nolo contendere. INDICTMENT, under Gen. Laws, c. 109, s. 15, for […]
WALKER v. MANCHESTER, 107 N.H. 382 (1966)
222 A.2d 827 THEODORE WALKER a. v. MANCHESTER a. No. 5492.Supreme Court of New Hampshire Hillsborough.Argued June 7, 1966. Decided September 30, 1966. 1. The granting of a variance from the terms of a municipal zoning ordinance to permit the conversion of a thirteen-room, eight-bedroom house, in a single residence district to a dwelling and […]
STATE v. DAOUD, 141 N.H. 142 (1996)
679 A.2d 577 THE STATE OF NEW HAMPSHIRE v. KARIN DAOUD No. 94-150Supreme Court of New Hampshire Hillsborough-northern judicial district Decided June 27, 1996 1. Criminal Law — Defenses — Duress RSA 626:1, I, does not excuse criminal acts committed under duress; nothing in the statute’s language states that duress makes criminal conduct involuntary and […]
PEREZ v. PIKE INDS., 153 N.H. 158 (2005)
889 A.2d 27 JUAN PEREZ v. PIKE INDUSTRIES, INC. a. No. 2005-064.Supreme Court of New Hampshire Merrimack.Argued: October 19, 2005. Opinion Issued: December 30, 2005. 1. Limitation of Actions — Accrual of Actions — Discovery Rule The statute of limitations constitutes an affirmative defense. However, once the defendant establishes that the cause of action was […]
SAVINGS BANK v. BOYNTON, 69 N.H. 77 (1896)
39 A. 522 IONA SAVINGS BANK v. BOYNTON. Supreme Court of New Hampshire Belknap. Decided December, 1896. A married woman may bind herself by a promissory note given to obtain money for her husband’s use. ASSUMPSIT, on the promissory note of the defendant, a married woman. Facts found by the court. The note was signed […]
DiPRIZIO v. RAILROAD, 98 N.H. 254 (1953)
98 A.2d 351 CHARLES DiPRIZIO v. BOSTON MAINE RAILROAD. WILLIAM T. LEIGHTON v. SAME. No. 4204.Supreme Court of New Hampshire Strafford. Decided July 1, 1953. In a grade crossing collision between a truck and defendant’s locomotive, testimony of the truck driver and his passenger that they approached the crossing aware of its location and likelihood […]
STATE v. FROST, 141 N.H. 493 (1996)
686 A.2d 1172 THE STATE OF NEW HAMPSHIRE v. JOEL FROST No. 94-795Supreme Court of New Hampshire Strafford Decided December 18, 1996 1. Evidence — Presumptions and Inferences — Capacity A complainant is “mentally defective” within the meaning of RSA 632-A:2, I(h) only if he or she: (1) suffers from a “mental disease or defect”; […]
WILSON v. CLARK, 60 N.H. 352 (1880)
WILSON v. CLARK, Adm’r, a. Supreme Court of New Hampshire Hillsborough. Decided December, 1880. When property, real or personal, is destroyed by fire, the loss falls upon the party who is the owner at the time; and if the owner of a house and land agrees to sell and convey it upon the payment of […]
BARBIN v. MOORE, 85 N.H. 362 (1932)
159 A. 409 ROMEO J. BARBIN, Guardian v. HUGH K. MOORE, Adm’r. Supreme Court of New Hampshire Coos. Decided February 2, 1932. The right of a beneficiary in a life policy though subject to defeasance is a present legal interest in the right to receive the amount of the policy upon the death of the […]
KENDALL v. KENDALL, 60 N.H. 527 (1881)
KENDALL v. KENDALL. Supreme Court of New Hampshire Merrimack. Decided June, 1881. A parent having possession of a fund given to him by will in trust for his infant child, and of sufficient ability to maintain and educate the child, may be allowed a reasonable sum for its support and education, respect being had to […]
GILMANTON v. SANBORNTON, 56 N.H. 336 (1876)
GILMANTON v. SANBORNTON. Supreme Court of New Hampshire FROM BELKNAP CIRCUIT COURT. Decided March 20, 1876. Pauper — Derivative settlement — Where the father is bound to support his unemancipated child. A father cannot gain a settlement during the time while aid is furnished him for the support of his unemancipated child, either by the […]
OPINION OF THE JUSTICES, 115 N.H. 222 (1975)
337 A.2d 354 OPINION OF THE JUSTICES No. 7187Supreme Court of New Hampshire Request of House of Representatives Decided April 30, 1975 1. Equal protection of the laws is guaranteed by both the New Hampshire and the United States Constitutions. 2. Equal protection does not require complete equality in the face of factual differences, but […]
SWEENEY v. RAILROAD, 87 N.H. 90 (1934)
174 A. 676, 175 A. 243 ELIZABETH SWEENEY, Adm’x v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided September 4, 1934. An employee engaged in maintaining or repairing tracks used in whole or in part for interstate commerce is within the federal employers’ liability act (U.S. Code, Tit. 45, c. 2) and the […]
STATE v. PHILIP, 155 N.H. 598 (2007)
STATE OF NEW HAMPSHIRE v. PHILIP MORRIS USA, INC. a. No. 2006-621.Supreme Court of New Hampshire Merrimack.Argued: March 22, 2007. Opinion Issued: June 22, 2007. 1. Arbitration — Action to Compel — Generally An arbitration clause is to be interpreted so as to make it speak the intention of the parties at the time it […]
STATE v. DUSHAME, 136 N.H. 309 (1992)
616 A.2d 469 THE STATE OF NEW HAMPSHIRE v. PETER DUSHAME No. 90-577Supreme Court of New Hampshire Hillsborough Decided November 4, 1992 1. Statutes — Construction and Application — Unambiguous Meaning To determine meaning of statute, one first looks to see if language used is clear and unambiguous. 2. Statutes — Construction and Application — […]
STATE v. FOLLAND, 100 N.H. 188 (1956)
122 A.2d 268 STATE v. JAMES FOLLAND. No. 4468.Supreme Court of New Hampshire Rockingham.Argued March 7, 1956. Decided April 27, 1956. Where an ordinance limited parking upon a designated street to an hour and further provided that it shall be unlawful to permit a vehicle to remain parked after the meter indicates parking in excess […]
STATE v. CONNOR, 156 N.H. 544 (2007)
THE STATE OF NEW HAMPSHIRE v. DAVID S. CONNOR. No. 2006-669.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: October 18, 2007. Opinion Issued: December 14, 2007. 1. Evidence — Hearsay — Particular Cases Because the testimony of a fingerprint expert relating to the verification process and the verifying technician’s independent opinion extended well beyond establishing […]
WATTS v. LYNCH, 64 N.H. 96 (1886)
5 A. 458 WATTS v. LYNCH. Supreme Court of New Hampshire Hillsborough. Decided June, 1886. Money paid upon a wager on the result of an election may be recovered back, under Gen. Laws, c. 272, ss. 12, 13. ASSUMPSIT, to recover $50 deposited by the plaintiff with a stakeholder, about November 1, 1884, upon a […]
STATE v. LABOMBARDE, 82 N.H. 493 (1927)
136 A. 268 STATE v. LOUIS LABOMBARDE. Supreme Court of New Hampshire Hillsborough. Decided January 4, 1927. Though a juror may have an opinion upon the merits of the case which it would require evidence to remove, he may be found to be indifferent upon his testimony that he could and would decide the case […]
ESTLOW v. N.H. SWEEPSTAKES COMM’N, 122 N.H. 719 (1982)
449 A.2d 1212 DIANE M. ESTLOW v. NEW HAMPSHIRE SWEEPSTAKES COMMISSION No. 81-301Supreme Court of New Hampshire Strafford Decided August 6, 1982 1. Contracts — Construction — Generally The terms of a contract are questions of fact to be determined by the trier of fact, and, when supported by the evidence, will be upheld by […]
MARSTON v. U.S. FIDELITY GUARANTY CO., 135 N.H. 706 (1992)
609 A.2d 745 DONALD AND LINDA MARSTON v. UNITED STATES FIDELITY AND GUARANTY COMPANY No. 91-302Supreme Court of New Hampshire Hillsborough Decided June 30, 1992 1. Res Judicata — Generally A final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation involving same cause of action. 2. Res […]
SECOND NAT. BANK v. BANK, 84 N.H. 342 (1930)
150 A. 737 THE SECOND NATIONAL BANK OF NASHUA v. THE OLD GUARANTY SAVINGS BANK OF NASHUA, a. Supreme Court of New Hampshire Hillsborough. Decided May 15, 1930. A savings bank has the right of voluntary liquidation; and is not affected with a public interest in any sense which places it under public obligation to […]
GLIDDEN v. HENDERSON, 60 N.H. 584 (1881)
GLIDDEN v. HENDERSON. Supreme Court of New Hampshire Strafford. Decided June, 1881. Sanborn and Hall, for the plaintiff. Worcester Gafney, for the defendant. STANLEY, J. The evidence to which the defendant objected was laid out of consideration by the instructions given and the question submitted to the jury, to which instructions and question the defendant […]
CAMPBELL v. CLARK, 64 N.H. 328 (1887)
10 A. 702 CAMPBELL, Ex’r, v. CLARK a. Supreme Court of New Hampshire Rockingham. Decided June, 1887. A devise “in equal shares to my nieces and nephews and to h [the] nieces and nephews of my former husband,” is a gift to such of them as survive the testatrix, and they take per capita. A […]
STATE v. TAYAG, 159 N.H. 21 (2009)
THE STATE OF NEW HAMPSHIRE v. RONALD TAYAG. No. 2008-380.Supreme Court of New Hampshire. Rockingham.Argued: April 16, 2009. Opinion Issued: June 17, 2009. 1. Offenses — Generally — Mens Rea Because persons rarely explain to others the inner workings of their minds or mental processes, a culpable mental state must, in most cases be proven […]
GROSSMAN v. TOWN OF DUNBARTON, 118 N.H. 519 (1978)
389 A.2d 1385 MORTON S. GROSSMAN, TRUSTEE OF FIRST NEW HAMPSHIRE LAND TRUST v. TOWN OF DUNBARTON No. 78-018Supreme Court of New Hampshire Merrimack Decided July 18, 1978 1. Highways — Laying Out — Power of Towns Towns located in the State of New Hampshire have possessed the power to lay out highways and to […]
OPINION OF THE JUSTICES, 111 N.H. 199 (1971)
278 A.2d 357 OPINION OF THE JUSTICES. No. 6261.Supreme Court of New Hampshire Request of House of Representatives. Decided June 11, 1971. 1. Proposed legislative provisions that would authorize the Industrial Development Authority to issue bonds to acquire, finance, lease, and sell an industrial facility are a constitutional authorization of expenditure of public funds for […]
SIMPSON v. SAVINGS BANK, 56 N.H. 466 (1876)
SIMPSON v. CITY SAVINGS BANK. Supreme Court of New Hampshire FROM HILLSBOROUGH CIRCUIT COURT. Decided March 21, 1876. The tenth and eleventh sections of an act passed at the June session of the legislature, 1874 (entitled “An act for the further protection of savings banks and savings bank depositors”), authorizing the reduction of the deposit […]
COTTON v. FLETCHER, 77 N.H. 216 (1914)
90 A. 510 MARY L. COTTON, Ex’x, v. ALICE R. FLETCHER a. Supreme Court of New Hampshire Hillsborough. Decided April 7, 1914. Where a widow waives the provisions of a will which gives her a life estate in certain funds, the remainders are not thereby accelerated so as to take effect immediately, if it is […]
JONES v. BENNETT, 78 N.H. 224 (1916)
99 A. 18 HERBERT J. JONES, Ex’r v. HERBERT C. BENNETT a. Supreme Court of New Hampshire Belknap. Decided October 3, 1916. Though evidence of a testator’s habitual use of words may be received as indicating what he meant by their use on a particular occasion, his intention must be gathered from the words used […]
DAME v. COMPANY, 95 N.H. 125 (1948)
58 A.2d 753 CHARLES E. DAME v. WILLIAM SEAWARD, d/b/a. SEAWARD CONSTRUCTION CO. No. 3731.Supreme Court of New Hampshire Strafford. Decided May 4, 1948. When the taking of depositions by the plaintiff and the defendant may involve a conflict, the time and place at which each may be taken is within the discretion of the […]
UPHAUS v. WYMAN, 102 N.H. 324 (1959)
156 A.2d 376 WILLARD UPHAUS v. LOUIS C. WYMAN, Attorney General. No. 4820.Supreme Court of New Hampshire Original. Decided December 17, 1959. PER CURIAM. Motion to stay an order of the Superior Court (Grant, J.) entered in proceedings for civil contempt on December 14, 1959, committing the petitioner for one year or until he purges […]
COHOON v. IDM SOFTWARE, 153 N.H. 1 (2005)
891 A.2d 552 BARRY COHOON a. v. IDM SOFTWARE, INC. a. No. 2004-816.Supreme Court of New Hampshire Rockingham.Argued: October 20, 2005. Opinion Issued: December 15, 2005. 1. Estoppel — Estoppel by Judicial Record — Generally The doctrine of judicial estoppel generally prevents a party from prevailing in one phase of a case on an argument […]
APPEAL OF MICHAEL LANGENFELD, 160 N.H. 85 (2010)
APPEAL OF MICHAEL LANGENFELD (New Hampshire Compensation Appeals Board). No. 2009-362.Supreme Court of New Hampshire. Compensation Appeals Board.Argued: February 18, 2010. Opinion Issued: April 8, 2010. 1. Workers’ Compensation — Generally —Liability of Insurer A compensation carrier may take a “holiday” from compensation payments only so long as the net amount recovered in the liability […]
CARRIGNAN v. ALLSTATE INS. CO., 108 N.H. 131 (1967)
229 A.2d 179 HERVE CARRIGNAN a. v. ALLSTATE INSURANCE COMPANY. No. 5559.Supreme Court of New Hampshire Belknap.Argued February 7, 1967. Decided April 28, 1967. 1. The purpose and objective of uninsured motorist coverage is to be considered in the statutory framework of the minimum coverages required by the financial responsibility law (RSA 268:15, 16; RSA […]
STATE v. DILBOY, 160 N.H. 135 (2010)
THE STATE OF NEW HAMPSHIRE v. ANTHONY DILBOY. No. 2008-287.Supreme Court of New Hampshire. Strafford.Argued: January 20, 2010. Opinion Issued: April 20, 2010. 1. Evidence — Relevance — Prejudice Evidence is unfairly prejudicial if its primary purpose or effect is to appeal to a jury’s sympathies, arouse its sense of horror, provoke its instinct to […]
PACKARD v. INSURANCE CO., 72 N.H. 1 (1903)
54 A. 287 PACKARD v. METROPOLITAN LIFE INSURANCE CO. Supreme Court of New Hampshire Merrimack. Decided January 6, 1903. The words “sound health,” as used in a life insurance policy, mean the absence of constitutional vice and of disease of a serious nature that have a tendency to shorten life, in contradistinction to temporary illness […]
OPINION OF THE JUSTICES, 102 N.H. 123 (1959)
151 A.2d 777 OPINION OF THE JUSTICES. No. 4755.Supreme Court of New Hampshire Request of Governor and Council.Submitted May 25, 1959. Answer returned June 2, 1959. 1. Contribution of state funds to the Teachers’ Retirement System (RSA ch. 192) to provide future retirement allowances measured in part by the years of service of the retiring […]
PHILBRICK v. READ, 67 N.H. 189 (1892)
34 A. 463 PHILBRICK v. READ Trs. Supreme Court of New Hampshire Rockingham. Decided June, 1892. In foreign attachment, if one of the trustees is a claimant of funds in the hands of other trustees, who make no defence, and the validity of this claim has substantially been raised and tried by jury on an […]
PALMER v. DIMICK, 77 N.H. 565 (1915)
94 A. 268 EDWIN B. PALMER v. CHARLES H. DIMICK. Supreme Court of New Hampshire Grafton. Decided May 4, 1915. Where an interrogatory of counsel in cross-examination embodies a prejudicial statement of fact unwarranted by any evidence then in the case and inadmissible upon any issue on trial, a verdict in his favor will be […]
N.H. EXPLOSIVES MACH. CORP. v. MORENCY, 126 N.H. 626 (1985)
496 A.2d 338 NEW HAMPSHIRE EXPLOSIVES AND MACHINERY CORPORATION v. JEAN-PAUL MORENCY, d/b/a CJW AND SONS, NCS ENTERPRISES, INC., TRUSTEE No. 84-517Supreme Court of New Hampshire Merrimack Decided June 17, 1985 1. Trustee Process — Disclosure — Post-Judgment Amendment Decision by trial court not to allow a post-judgment amendment of a disclosure made under trustee […]
DUBOIS v. DUBOIS, 121 N.H. 664 (1981)
433 A.2d 1277 DIANE DUBOIS v. NORMAND DUBOIS No. 80-366Supreme Court of New Hampshire Hillsborough Decided August 5, 1981 1. Parent and Child — Support — Construction of Laws Statutes dealing with provision of security for the future payment of child support obligations allow the superior court to order some method Page 665 for securing […]
DODGE v. STICKNEY, 62 N.H. 330 (1882)
DODGE a. v. STICKNEY, Ex’r. Supreme Court of New Hampshire Rockingham. Decided December, 1882. The questions of a party’s right to appeal from a probate decree, and of his right to a reversal of the decree, may be determined at one hearing on his petition for leave to appeal, under Gen. Laws, c. 207, s. […]
STATE v. JOHNSON, 140 N.H. 573 (1995)
669 A.2d 222 THE STATE OF NEW HAMPSHIRE v. BRYAN S. JOHNSON No. 94-487Supreme Court of New Hampshire Strafford Decided December 28, 1995 1. Search and Seizure — Issuance of Warrant — Probable Cause Under the totality of the circumstances, affidavit demonstrated a fair probability that drug paraphernalia or documents would be found in defendant’s […]
STATE v. NOWLIN, 149 N.H. 221 (2003)
818 A.2d 1237 THE STATE OF NEW HAMPSHIRE v. RICHARD NOWLIN No. 2001-378Supreme Court of New Hampshire MerrimackArgued November 14, 2002 Opinion Issued March 6, 2003 1. Offenses — Sexual Offenses — Defenses In a prosecution for aggravated felonious sexual assault, the trial court did not improperly deny defendant the opportunity to argue an inference […]
DAME v. WOOD, 75 N.H. 38 (1908)
70 A. 1081 DAME v. WOOD. Supreme Court of New Hampshire Belknap. Decided October 6, 1908. Where complete execution of a contract for the installation of a heating plant has been rendered impossible without fault of either party, the contractor is entitled to compensation for labor performed and materials furnished, if both parties understood that […]
STATE v. CHARPENTIER, 117 N.H. 647 (1977)
377 A.2d 131 THE STATE OF NEW HAMPSHIRE v. ROLAND CHARPENTIER THE STATE OF NEW HAMPSHIRE v. GREGORY L. MORSE No. 7719 No. 7720Supreme Court of New Hampshire Hillsborough Decided August 1, 1977 Appeal and Error — Filing Appeal — Late Filing Defendants’ motion for late appeal was properly denied by superior court, where defendants […]
HRUSHKA v. STATE DEP’T OF PUB. WORKS HIGHWAYS, 117 N.H. 1022 (1977)
381 A.2d 326 GARY HRUSHKA v. STATE OF NEW HAMPSHIRE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS No. 7692Supreme Court of New Hampshire Strafford Decided December 30, 1977 1. Contracts — Third Party Beneficiaries Rights of third party are dependent upon intent of parties who executed contract. 2. Contracts — Third Party Beneficiaries Where laborer, who […]
PETITION OF MOORE CTR. SERVS., 150 N.H. 177 (2003)
836 A.2d 758 PETITION OF MOORE CENTER SERVICES, INC. (AREA AGENCY VII) (New Hampshire Department of Health and Human Services Administrative Appeals Unit). No. 2002-545.Supreme Court of New Hampshire Department of Health And Human ServicesArgued: September 17, 2003. Opinion Issued: October 24, 2003. 1. Mental Health — Generally — Developmental Disability Under the plain language […]
IN THE MATTER OF WATTERWORTH WATTERWORTH, 149 N.H. 442 (2003)
821 A.2d 1107 IN THE MATTER OF BRADFORD WATTERWORTH AND JULIE WATTERWORTH No. 2002-240Supreme Court of New Hampshire Portsmouth Family DivisionSubmitted March 5, 2003 Opinion Issued April 30, 2003 1. Divorce — Child Support — Guidelines In the definition of “adjusted gross income,” the phrase “[m]andatory, not discretionary, retirement contributions” refers to contributions the divorcing […]
PEARSON v. GOOCH, 69 N.H. 571 (1899)
45 A. 406 PEARSON, Assignee, v. GOOCH a. Supreme Court of New Hampshire Rockingham. Decided June, 1899. By an assignment in insolvency, the assignee acquires the right of the debtor to sue for usurious payments upon a promissory note, under P. S., c. 203, s. 3. Where an order for the payment of money is […]
DROP ANCHOR REALTY TRUST v. OUELLETTE, 133 N.H. 742 (1990)
584 A.2d 772 DROP ANCHOR REALTY TRUST v. BETTIE C. OUELLETTE, TAX COLLECTOR FOR THE TOWN OF KINGSTON No. 89-475Supreme Court of New Hampshire Rockingham Decided December 28, 1990 1. Res Judicata — Generally — Civil Actions The essence of the doctrine of res judicata is that final judgment by a court of competent jurisdiction […]
BALLOU v. BALLOU, 95 N.H. 105 (1948)
58 A.2d 311 JOHN L. BALLOU v. BESSIE B. BALLOU. No. 3722.Supreme Court of New Hampshire Cheshire. Decided April 6, 1948. An order of the Trial Court dismissing a libel for divorce will not be set aside if there is evidence to support it and the trial is otherwise fair. The amount of alimony to […]
ANDERSON-NICHOLS CO. v. PAGE, 113 N.H. 445 (1973)
309 A.2d 148 ANDERSON-NICHOLS COMPANY, INC. v. DOUGLAS E. PAGE No. 6652Supreme Court of New Hampshire Sullivan Decided August 27, 1973 1. Defendant’s exceptions to the denial of his requests for findings presented the question whether the evidence considered in the light most favorable to plaintiff required the court to grant the request as matter […]
CHESHIRE TOYOTA/VOLVO, INC. v. O’SULLIVAN, 132 N.H. 168 (1989)
562 A.2d 788 CHESHIRE TOYOTA/VOLVO, INC. v. MARY J. O’SULLIVAN, EXECUTRIX OF THE ESTATE OF WILLIAM J. O’SULLIVAN, JR. No. 88-271Supreme Court of New Hampshire Cheshire Decided August 23, 1989 1. Workers’ Compensation — Attorney Fees — Prevailing Party Statute providing for award of counsel fees to workers’ compensation claimant who prevails in appeal to […]
SCOTT v. CHILDS, 64 N.H. 566 (1888)
15 A. 206 SCOTT, Ex’x, v. CHILDS. Supreme Court of New Hampshire Hillsborough. Decided June, 1888. The acceptance by a mortgagee of money to be applied on the mortgage debt, after a foreclosure, amounts to a waiver of the foreclosure and restores the mortgage. It seems that an agreement between mortgagor and mortgagee, that after […]
IN THE MATTER OF CLARK, 154 N.H. 420 (2006)
IN THE MATTER OF SUSAN CLARK AND NATHAN CLARK. No. 2005-531.Supreme Court of New Hampshire Salem Family Division.Argued: September 12, 2006. Opinion Issued: November 29, 2006. 1. Statutes — Maxims and Rules of Construction — Language of Statute When the legislature uses the phrase “including, but not limited to” in a statute, the application of […]
CENTURY INDEM. CO. v. CASUALTY CO., 89 N.H. 121 (1937)
193 A. 221 CENTURY INDEMNITY CO. v. MARYLAND CASUALTY CO. a. Supreme Court of New Hampshire Hillsborough. Decided June 24, 1937. P.L., c. 310 authorizing the Probate Court to permit the substitution of a new probate bond and in its discretion to discharge the surety in the original bond “from all further responsibility” empowers that […]
MERRILL v. COMPANY, 79 N.H. 211 (1919)
107 A. 338 JAMES C. MERRILL, JR. v. GRANITE STATE SPRING WATER CO. Supreme Court of New Hampshire Rockingham. Decided May 6, 1919. Where there is no evidence that the master could have informed a servant, injured in his employ, of any fact material to the servant’s safety and of which he was ignorant the […]
BLECATSIS v. MANCHESTER GAS CO., 103 N.H. 542 (1961)
176 A.2d 711 JULIA BLECATSIS v. MANCHESTER GAS COMPANY a. No. 4996.Supreme Court of New Hampshire Hillsborough.Argued December 5, 1961. Decided December 27, 1961. 1. A petition for workmen’s compensation for the death of an employee (RSA 281:22 (supp)) was properly dismissed where there was no medical testimony to establish a causal connection between the […]
LAKEMAN v. LaFRANCE, 102 N.H. 300 (1959)
156 A.2d 123 RAYMOND B. LAKEMAN v. PHILIP LaFRANCE. No. 4770.Supreme Court of New Hampshire Belknap.Argued October 7, 1959. Decided December 1, 1959. 1. The two-year statutory limitation (RSA 508:4) upon actions for malpractice is toiled by fraudulent concealment of facts essential to the cause of action until such time as the injured person has […]
IN RE ESTATE OF LAMSON, 139 N.H. 732 (1995)
662 A.2d 287 In re ESTATE OF LILLIAN T. LAMSON In re ESTATE OF ROBERT H. LAMSON No. 95-020Supreme Court of New Hampshire Rockingham County Probate Court Decided July 11, 1995 1. Wills — Devises and Legacies — Renunciation and Election Vesting the power in the executor to renounce post mortem permits the executor to […]
KENDALL v. HASTINGS, 81 N.H. 280 (1924)
125 A. 484 JAMES O. KENDALL v. HENRY G. HASTINGS. Supreme Court of New Hampshire Sullivan. Decided April 1, 1924. Under P. S., c. 140, ss. 2, 12, an unrecorded chattel mortgage is invalid as against subsequent attachment, though the failure to record was due to a delay of the mail and not to the […]
AVERY v. DAVIS, 81 N.H. 414 (1925)
128 A. 332 ALFRED J. AVERY a. v. LAVADA DAVIS. Supreme Court of New Hampshire Rockingham. Decided January 6, 1925. A petition to establish a homestead right may be brought after levy of execution upon the property in which the right is claimed. There is a homestead right in favor of a debtor and his […]
MOORE v. COMPANY, 89 N.H. 332 (1938)
197 A. 707 LENA M. MOORE v. MORSE MALLOY SHOE CO. JOHN H. MOORE v. SAME. Supreme Court of New Hampshire Hillsborough. Decided March 1, 1938. The negligence of an employee, a millwright and electrician, who while removing machinery disconnected a cable and left the end so insecurely suspended that the cable’s weight dragged its […]
KAYLE v. KAYLE, 132 N.H. 402 (1989)
565 A.2d 1069 PAUL W. KAYLE v. JUDITH KAYLE No. 88-491Supreme Court of New Hampshire Rockingham Decided November 16, 1989 1. Divorce — Decree — Modification Challenge to revised alimony and support orders on grounds of error in declining to reexamine the parties’ marital standard of living to provide touchstone for measuring adequacy of present […]
WINSOR v. BAILEY, 55 N.H. 218 (1875)
WINSOR v. BAILEY. Supreme Court of New Hampshire Merrimack. Decided March 13, 1875. Equity — Multifariousness. A bill in equity, brought by part of the stockholders of a manufacturing corporation, charged an illegal vote of the directors, and an illegal and fraudulent payment of money in pursuance thereof, by way of dividends to part only […]
ATHERTON v. CONCORD, 109 N.H. 164 (1968)
245 A.2d 387 THOMAS W. ATHERTON v. CONCORD. No. 5751.Supreme Court of New Hampshire Merrimack.Argued May 8, 1968. Decided August 23, 1968. 1. A conflict of interest exists when a public officer votes on a matter in which he has a direct and pecuniary interest; such personal pecuniary interest must however be immediate, definite and […]
STATE v. DODGE, 103 N.H. 131 (1960)
166 A.2d 467 STATE v. RICHARD DODGE. No. 4869.Supreme Court of New Hampshire Peterborough Municipal Court.Argued November 1, 1960. Decided December 27, 1960. 1. Grossly careless or grossly negligent operation within the meaning of RSA 262:15-a (supp) consists in the operation of a motor vehicle in such a way that although the operator does not […]
CITIZENS NAT. BANK v. HERMSDORF, 96 N.H. 389 (1951)
77 A.2d 862 CITIZENS NATIONAL BANK v. WALTER R. HERMSDORF a. No. 3917.Supreme Court of New Hampshire Belknap. Decided January 2, 1951. The interpretation by the Trial Court of the contents of a letter upon which the plaintiff based his claim to recover certain payments from the defendant is reviewable as a question of law […]
PEABODY v. TOWN OF WINDHAM, 142 N.H. 488 (1997)
703 A.2d 886 JOHN AND DIANNA PEABODY v. TOWN OF WINDHAM No. 96-258Supreme Court of New Hampshire Rockingham Decided December 29, 1997 1. Zoning and Planning — Judicial Review — Standard of Review The trial court, in reviewing the decision of a zoning board of adjustment, is limited to a determination of whether, on the […]
CHAMBERLAIN CO. v. TUTTLE, 75 N.H. 171 (1909)
71 A. 865 W. P. CHAMBERLAIN CO. v. TUTTLE. Supreme Court of New Hampshire Cheshire. Decided January 5, 1909. Where the parties to a sale of personalty agree that the property shall remain in the possession of the vendor, without anything to indicate the change of title or to give notoriety to the transaction, such […]