THE STATE OF NEW HAMPSHIRE v. KATHERINE MENDOLA. No. 2009-010.Supreme Court of New Hampshire. Rockingham.Argued: June 15, 2010. Opinion Issued: July 23, 2010. 1. Trial — Criminal Cases — Jury Instructions — Sufficiency of Evidence to Warrant Charge For a defendant to be entitled to an instruction on a specific defense, there must be some […]
Category: New Hampshire Court Opinions
SOWTER v. GRAFTON, 65 N.H. 207 (1889)
19 A. 572 SOWTER v. TOWN OF GRAFTON. Supreme Court of New Hampshire Grafton. Decided June, 1889. It is not a sufficient compliance with the statute requiring notice to be given of an injury suffered on the highway, to send such notice by mail to the town-clerk. CASE, for personal injuries from a defective highway. […]
STATE v. LaFOREST, 140 N.H. 286 (1995)
665 A.2d 1083 THE STATE OF NEW HAMPSHIRE v. JOHN LaFOREST No. 94-176Supreme Court of New Hampshire Belknap Decided October 6, 1995 1. Criminal Law — Arraignment and Pleas — Plea Bargaining Limitation of discovery contained in State’s plea offer letter did not violate defendant’s right to due process or render his guilty pleas involuntary […]
STATE v. BROWN, 155 N.H. 164 (2007)
THE STATE OF NEW HAMPSHIRE v. SEAN BROWN. No. 2005-796.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: February 27, 2007. Opinion Issued: April 6, 2007. 1. Offenses — Particular Crimes — Obstruction of Justice The required mental state under New Hampshire’s “Hindering Apprehension or Prosecution” statute does not require that the defendant or anyone else […]
LARAMIE v. STONE, 160 N.H. 419 (2010)
JOSEPH LARAMIE a. v. SHAWN STONE a. No. 2008-790.Supreme Court of New Hampshire. Merrimack.Argued: January 13, 2010. Opinion Issued: June 30, 2010. 1. Discovery — Disclosure of Witness— Generally A party is entitled to disclosure of an opposing party’s experts, the substance of the facts and opinions about which they are expected to testify, and […]
BROWN v. WEEKS, 79 N.H. 509 (1920)
112 A. 393 MYRA BROWN, Ex’x, v. R. WILLIAM WEEKS. Supreme Court of New Hampshire Hillsborough. Decided December 7, 1920. Under P.S., c. 191, ss. 8-10, case lies by an executrix against a physician for the increased pain and suffering caused the testate by negligent treatment of an injury, though the injury itself would necessarily […]
STATE v. BRIERE, 138 N.H. 617 (1994)
644 A.2d 551 THE STATE OF NEW HAMPSHIRE v. DONALD BRIERE No. 93-147Supreme Court of New Hampshire Hillsborough-southern judicial district Decided July 6, 1994 1. Witnesses — Competency — Generally Witnesses are presumed competent to testify; although presumption may be overcome by findings that witness lacks sufficient capacity to observe, remember and narrate as well […]
STATE v. MURRAY, 129 N.H. 645 (1987)
531 A.2d 323 THE STATE OF NEW HAMPSHIRE v. JERRY L. MURRAY No. 86-239Supreme Court of New Hampshire Strafford Decided August 11, 1987 1. Evidence — Failure To Preserve — State’s Burden of Proof Once a defendant demonstrates that the State has lost or destroyed apparently relevant evidence, the State has the burden to demonstrate […]
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 […]
SAUCIER v. SAUCIER, 121 N.H. 330 (1981)
430 A.2d 131 CONSTANCE F. SAUCIER v. NORMAN R. SAUCIER No. 79-431Supreme Court of New Hampshire Hillsborough Decided May 7, 1981 1. Divorce — Custody and Support of Children — Presumptions Where there were no requests for findings or transcript of the prior hearing on child support payments, it was assumed that the trial court, […]
SANDERSON v. TOWN OF GREENLAND, 122 N.H. 1002 (1982)
453 A.2d 1285 JARIB M. SANDERSON, JR., a. v. TOWN OF GREENLAND a. No. 81-063Supreme Court of New Hampshire Rockingham Decided December 10, 1982 1. Res Judicata — Generally — Civil Actions Neither res judicata nor collateral estoppel applies to persons who were not parties nor in privity with a party to previous litigation in […]
BOARD OF SELECTMEN v. SCHOOL BD., 113 N.H. 598 (1973)
311 A.2d 124 BOARD OF SELECTMEN OF THE TOWN OF PITTSFIELD v. SCHOOL BOARD OF PITTSFIELD SCHOOL DISTRICT No. 6725Supreme Court of New Hampshire Merrimack Decided October 31, 1973 1. The Municipal Budget Law (RSA ch. 32) was designed to control the appropriation and expenditure of money in municipalities, including school districts. 2. School board […]
PATENAUDE v. RAILROAD, 77 N.H. 74 (1913)
87 A. 249 WILFRID PATENAUDE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided June 3, 1913. A railroad company is not liable to a trespasser for injuries caused by a crossing tender’s attempt to remove him from a passing train, in the absence of evidence that its servant acted within the scope […]
MASSACHUSETTS BONDING CO. v. NUDD, 103 N.H. 1 (1960)
164 A.2d 242 MASSACHUSETTS BONDING AND INSURANCE COMPANY v. CHRISTINE G. NUDD. No. 4828.Supreme Court of New Hampshire Rockingham.Argued September 7, 1960. Decided October 4, 1960. 1. In a motion to strike a default judgment entered in an action by a surety for indemnity for payments made on a conservator’s bond the fact that the […]
GLOVER v. BAKER, 76 N.H. 393 (1912)
83 A. 916 GLOVER v. BAKER, Ex’r, a. Supreme Court of New Hampshire Merrimack. Decided May 7, 1912. Whether all or a part of the issues in an action shall be tried at one time, and the order in which they shall be tried if determined separately, are questions which are ordinarily settled in the […]
STATE v. MOORE, 91 N.H. 16 (1940)
13 A.2d 143 STATE v. KENNETH G. MOORE. No. 3114.Supreme Court of New Hampshire Municipal Court of Concord. Decided April 2, 1940. A lawful business having no special features tending to produce public harm or to prevent public benefit cannot be subjected to the requirement that a person seeking to engage in it must establish […]
CLOUGH v. COMPANY, 75 N.H. 84 (1908)
71 A. 223 CLOUGH v. ROCKINGHAM COUNTY LIGHT POWER CO. Supreme Court of New Hampshire Rockingham. Decided November 4, 1908. In an action against an electric light company to recover for injuries occasioned to a person in a highway by contact with its wires, evidence that the wires were strung across the way without license […]
STATE v. STAPLES, 121 N.H. 959 (1981)
437 A.2d 266 THE STATE OF NEW HAMPSHIRE v. JOHN F. STAPLES No. 80-377Supreme Court of New Hampshire Grafton Decided November 16, 1981 1. Constitutional Law — Right to Effective Counsel — Fundamental Right Effective assistance of counsel is a right fundamental to criminal defendants and is required by both the federal and State constitutions. […]
STATE v. GATCHELL, 150 N.H. 642 (2004)
843 A.2d 332 THE STATE OF NEW HAMPSHIRE v. PAUL B. GATCHELL. No. 2003-070.Supreme Court of New Hampshire Exeter District CourtArgued: January 21, 2004. Opinion Issued: March 12, 2004. 1. Highways — Motor Vehicles — Drivers Licenses The language of the statute authorizing courts to suspend driver’s licenses for cause gives unambiguous notice to a […]
LIBERTARIAN PARTY N.H. v. STATE, 154 N.H. 376 (2006)
LIBERTARIAN PARTY NEW HAMPSHIRE a. v. THE STATE OF NEW HAMPSHIRE. No. 2005-606.Supreme Court of New Hampshire Merrimack.Argued: July 21, 2006. Opinion Issued: November 21, 2006. 1. Elections — Nomination of Candidates — Right to be a Candidate Simply because the equal right to be elected under the State Constitution is fundamental does not mean […]
GELLIS v. ASSOCIATION, 85 N.H. 416 (1932)
159 A. 295 MORRIS A. GELLIS v. CLAREMONT MASONIC ASSOCIATION. Supreme Court of New Hampshire Sullivan. Decided March 1, 1932. Where there is no express warranty of the suitableness of premises for the purpose for which they are let, none is to be implied, and the lessee takes the risk of their quality, unless there […]
ROBBINS v. KALWALL CORP., 120 N.H. 451 (1980)
417 A.2d 4 MARILYN L. ROBBINS v. KALWALL CORPORATION No. 80-119Supreme Court of New Hampshire Hillsborough Decided June 18, 1980 1. Torts — Products Liability — Evidence Where employee, injured in a job-related incident, sought to pursue possible third-party claim against unknown manufacturer and/or designer of oven the asserts caused her injuries, even though her […]
STATE v. GOBIN, 96 N.H. 220 (1950)
73 A.2d 430 STATE v. OLIVER GOBIN. No. 3873.Supreme Court of New Hampshire Rockingham. Decided May 2, 1950. Possession of property recently stolen is some evidence from which the jury may find as a fact that it was stolen by the respondent. The absence of a confession or lack of an eye witness to the […]
MICHAEL v. CITY OF ROCHESTER, 119 N.H. 734 (1979)
407 A.2d 819 GEORGE E. MICHAEL v. CITY OF ROCHESTER No. 79-055Supreme Court of New Hampshire Strafford Decided October 12, 1979 1. Statutes — Construction and Application — Retrospective Operation Remedial or procedural statute may be applied retroactively to a case that was pending when statute became law. 2. Statutes — Construction and Application — […]
FOLLETT v. RAMSEY, 101 N.H. 347 (1958)
143 A.2d 675 ROBERT FOLLETT v. JOHN RAMSEY, Ancillary Adm’r a. No. 4604.Supreme Court of New Hampshire Carroll.Argued June 3, 1958. Decided July 1, 1958. 1. Where the allegations of a petition under RSA 556:28, for leave to file a claim and prosecute an action against the estate of a deceased person, if proved, would […]
STATE v. FALCONER, 59 N.H. 535 (1880)
STATE v. FALCONER. Supreme Court of New Hampshire Belknap. Decided June, 1880. In an indictment, under Gen. Laws, c. 275, s. 1, for obtaining by false pretences an acquittance of an attachment, the description of the acquittance must show that it was in writing. INDICTMENT, under Gen. Laws, c. 275, s. 1, for obtaining by […]
PETITION OF BREAU, 132 N.H. 351 (1989)
565 A.2d 1044 PETITION OF WAYNE BREAU (New Hampshire State Board of Education) No. 88-355Supreme Court of New Hampshire Original Decided November 13, 1989 1. Certiorari — Scope of Review — Action of State Agency Certiorari jurisdiction to review administrative orders is limited to enquiring whether the agency exceeded its jurisdiction or authority, otherwise acted […]
CLOUGH v. GILES, 64 N.H. 73 (1886)
5 A. 835 CLOUGH v. GILES and Trustees, NUTTER, Claimant. Supreme Court of New Hampshire Merrimack. Decided June, 1886. An assignment by a written order of a debt to become due the defendant on the completion of a certain job of work, followed by a promise made by the one for whom the work was […]
STATE v. PALAMIA, 124 N.H. 333 (1983)
470 A.2d 906 THE STATE OF NEW HAMPSHIRE v. JOSEPH R. PALAMIA No. 82-584Supreme Court of New Hampshire Hillsborough Decided December 27, 1983 1. Criminal Law — Confessions — Voluntariness For the defendant’s confession, which was obtained as a result of an illegal arrest, to be admissible, the State must show that the act of […]
STATE v. SHAW, 58 N.H. 73 (1877)
STATE v. SHAW. Supreme Court of New Hampshire Strafford. Decided March, 1877. On an indictment for selling spirituous liquor to A. on the 2d day of January, the sale being made by the respondent’s clerk, evidence that liquors were kept on the premises for sale for medicinal use during the month of November preceding, and […]
LA SOCIETE v. OWEN, 79 N.H. 318 (1919)
109 A. 712 LA SOCIETE ST. JEAN BAPTISTE, INC., v. LEE W. OWEN a. Supreme Court of New Hampshire Sullivan. Decided December 2, 1919. A lessee who has assigned his lease, though with the written consent of the lessor who thereafter accepts rent from the assignee, is not thereby discharged as matter of law without […]
EVERETT v. SMITH, 62 N.H. 386 (1882)
EVERETT v. SMITH a. Supreme Court of New Hampshire Merrimack. Decided December, 1882. The two years statute of limitations provided by U.S. Rev. St., s. 5057, as a defence against actions by an assignee in bankruptcy, is not suspended by the death or disability of the first assignee, if the cause of action accrued and […]
PINKHAM v. BENTON, 62 N.H. 687 (1883)
PINKHAM v. BENTON. Supreme Court of New Hampshire Coos. Decided June, 1883. When an agent with whom a contract is made has a beneficial interest in its performance, or a special property in its subject matter, he may maintain an action upon such contract in his own name. The memorandum of a witness becomes evidence […]
FITZGERALD v. SARGENT, 117 N.H. 104 (1977)
371 A.2d 456 WILLIAM FITZGERALD a. v. PETER N. SARGENT No. 7281Supreme Court of New Hampshire Carroll Decided February 28, 1977 1. Appeal and Error — Burden of Showing Prejudice — Absence of Transcript In the absence of any showing of prejudice to the defendant by the omission from the record on appeal of the […]
APPEAL OF FOURNIER, 147 N.H. 275 (2001)
786 A.2d 854 APPEAL OF PATRICIA FOURNIER (New Hampshire Compensation Appeals Board) No. 96-356Supreme Court of New Hampshire Compensation Appeals Board Decided December 11, 2001 1. Workers’ Compensation — Proceedings to Secure Compensation— Evidence In determining permanent impairment award, compensation appeals board could have properly considered the Guides to the Evaluation of Permanent Impairment published […]
STATE v. SANTANA, 133 N.H. 798 (1991)
586 A.2d 77 THE STATE OF NEW HAMPSHIRE v. NELSON SANTANA No. 88-484Supreme Court of New Hampshire Hillsborough Decided January 28, 1991 1. Searches and Seizures — Warrantless Searches — Reasonableness Under the New Hampshire Constitution, warrantless entries are per se unreasonable searches and seizures and are thus illegal unless entry is made pursuant to […]
STATE v. MARTIN, 68 N.H. 463 (1896)
44 A. 605 STATE v. MARTIN. Supreme Court of New Hampshire Rockingham. Decided June, 1896. An indictment charging that the respondent “did unlawfully make and put up a pretended lottery called policy” sufficiently describes the offence. INDICTMENT, charging that the respondent “did unlawfully make and put up a pretended lottery called policy, contrary to the […]
KENDALL v. GREEN, 67 N.H. 557 (1893)
42 A. 178 KENDALL v. GREEN a. Supreme Court of New Hampshire Grafton. Decided December, 1893. The measurement of land described in a deed as beginning a certain distance from a house is to be made from the side of the house, and not from the edge of the eaves. An owner of land who […]
STATE v. VARNEY, 114 N.H. 642 (1974)
325 A.2d 784 STATE OF NEW HAMPSHIRE v. ERNEST GEORGE VARNEY No. 6934Supreme Court of New Hampshire Hillsborough Decided September 30, 1974 1. Although most cases elaborating RSA 585:22 involve serious bodily injury, the offense of aggravated assault is not so limited. 2. An apparent ability to inflict serious bodily harm is sufficient to constitute […]
BANKEAST v. MICHALENOICK, 135 N.H. 65 (1991)
599 A.2d 500 BANKEAST v. CHARLES MICHALENOICK No. 90-608Supreme Court of New Hampshire Sullivan Decided November 8, 1991 1. Judgments — Summary Judgment — Generally Summary judgment disposes of controversies on their merits without a trial when there is no real dispute as to the salient facts or if only a question of law is […]
TOWN OF PLAISTOW v. RIDDLE, 141 N.H. 307 (1996)
681 A.2d 650 TOWN OF PLAISTOW v. JAMES AND KAREN RIDDLE d/b/a TIMBERLANE AUTO No. 95-743Supreme Court of New Hampshire Rockingham Decided August 15, 1996 1. Appeal and Error — Motion for Rehearing — Particular Cases A zoning board of adjustment (ZBA) “appeal” under RSA 677:4 is an “action” under RSA 508:10, allowing defendants to […]
TOWN OF MILFORD v. BOTTAZZI, 121 N.H. 636 (1981)
433 A.2d 1269 TOWN OF MILFORD v. LOUIS BOTTAZZI No. 80-225Supreme Court of New Hampshire Hillsborough Decided August 5, 1981 1. Zoning — Residential Districts — Home Occupations Where defendant, appealing from order enjoining continued operation of part-time automobile and truck repair business at residence, contended that “home occupation” was by definition an income-producing activity […]
AM. STEEL COMPANY v. WOOSTER, 95 N.H. 179 (1948)
59 A.2d 341 AMERICAN STEEL AND IRON COMPANY v. GEORGE A. WOOSTER a. No. 3738.Supreme Court of New Hampshire Merrimack. Decided June 1, 1948. Where under an agreement for the sale of personalty, the vendee acquired no title, or right to immediate possession, he cannot maintain replevin for the property. An officer who attached personalty […]
VERIZON v. ROCHESTER, 156 N.H. 624 (2007)
VERIZON NEW ENGLAND, INC. v. CITY OF ROCHESTER. No. 2007-091.Supreme Court of New Hampshire. Rockingham.Argued: November 8, 2007. Opinion Issued: December 28, 2007. 1. Taxation — Constitutional Requirements and Restrictions — Equality and Uniformity The Equal Protection Clause protects an entity from state action which selects it out for discriminatory treatment by subjecting it to […]
STATE v. CARTER, 146 N.H. 359 (2001)
772 A.2d 326 THE STATE OF NEW HAMPSHIRE v. DONALD CARTER. No. 99-357Supreme Court of New Hampshire Belknap Decided May 1, 2001 1. Criminal Law — Self-Incrimination — Generally Protection of the Fifth Amendment of the United States Constitution not only permits person to refuse to testify against himself at a criminal trial in which […]
EATON v. BRAGG, 96 N.H. 407 (1951)
77 A.2d 589 EMERY N. EATON a. v. RALPH O. BRAGG No. 3966Supreme Court of New Hampshire Rockingham Decided January 2, 1951 The offices of town clerk and tax collector may not legally be merged by vote at a town meeting. PETITION by Emery N. Eaton and others for a declaratory judgment to determine the […]
BERNIER v. WHITEFIELD, 80 N.H. 245 (1921)
116 A. 133 MARIE PAQUET BERNIER, by her father and next friend, JOSEPH N. PAQUET v. WHITEFIELD. Supreme Court of New Hampshire Coos. Decided December 6, 1921. Under the statute of highways (Laws 1893, c. 59, s. 1) a town is liable only where the matter complained of constitutes an obstruction, defect, insufficiency or want […]
WARNER v. WARNER, 69 N.H. 137 (1897)
44 A. 908 WARNER v. WARNER. Supreme Court of New Hampshire Rockingham. Decided June, 1897. In a proceeding for divorce on the ground of adultery, evidence of the general reputation of the libelee for virtue and chastity is admissible. LIBEL FOR DIVORCE, charging adultery. Subject to the plaintiff’s exception, the defendant was permitted to introduce […]
STATE v. HALEY, 141 N.H. 541 (1997)
689 A.2d 671 THE STATE OF NEW HAMPSHIRE v. CARLETON HALEY No. 94-443Supreme Court of New Hampshire Merrimack Decided January 23, 1997 1. Evidence — Prior Acts and Proceedings — Grounds for Admissibility Where the State asked the court to use a sexual assault victim’s depositions to determine whether prior unchanged abuse occurred, the court […]
HARRIS v. INGALLS, 74 N.H. 35 (1906)
64 A. 727 HARRIS a., Ex’rs, v. INGALLS a. Supreme Court of New Hampshire Hillsborough. Decided September 4, 1906. Where the terms by which an absolute legacy is given are unambiguous, it is the duty of the executors to pay it, notwithstanding their opinion of its inadequacy for a designated purpose. The fact that a […]
NOWELL v. UNION MUT. FIRE INS. CO., 119 N.H. 855 (1979)
409 A.2d 784 S. CARL NOWELL v. UNION MUTUAL FIRE INSURANCE COMPANY AND AMOSKEAG INSURANCE AGENCY CORP. UNION MUTUAL FIRE INSURANCE CO. v. AMOSKEAG INSURANCE AGENCY CORP. No. 79-089Supreme Court of New Hampshire Rockingham Decided December 12, 1979 1. Principal and Agent — Insurance Agents — Due Diligence An insurance agent has a duty to […]
JUDGE OF PROBATE v. DALY, 88 N.H. 477 (1936)
188 A. 470 JUDGE OF PROBATE v. JOHN F. DALY. Supreme Court of New Hampshire Merrimack. Decided December 1, 1936. PROBATE APPEAL, by the defendant as an administrator. In the Superior Court the appeal was assigned for hearing and the defendant moved for a continuance. To the denial of the motion he excepted. Transferred by […]
WESSMAN v. RAILROAD, 84 N.H. 475 (1930)
152 A. 476 CHARLES WESSMAN v. BOSTON MAINE RAILROAD. MARY WESSMAN v. SAME. Supreme Court of New Hampshire Merrimack. Decided December 2, 1930. The holder of a free railroad pass issued under P. L., c. 242, ss. 13-15 is not bound by his agreement contained therein releasing the railroad from liability for personal injuries. Everyone […]
SOUCY v. KOUSTAS, 120 N.H. 381 (1980)
415 A.2d 335 SHIRLEY SOUCY v. NICHOLAS KOUSTAS No. 79-297Supreme Court of New Hampshire Hillsborough Decided May 22, 1980 1. Jury — Voir Dire — Court’s Discretion It is within sound discretion of trial court to accept or reject party’s proposed questions for examination of prospective jurors. RSA 500-A:22. Page 382 2. Jury — Voir […]
DOW’S PETITION, 66 N.H. 628 (1891)
29 A. 636 DOW’S PETITION. Supreme Court of New Hampshire Merrimack. Decided June, 1891. HABEAS CORPUS. Upon complaint heard at the trial term for violation of an injunction, the petitioner, being in custody and being brought before two justices of the court, moved to be discharged. The case was adjourned into the law term, where, […]
GUERIN v. N.H. CATHOLIC CHARITIES, 120 N.H. 501 (1980)
418 A.2d 224 PAULETTE B. GUERIN, EXECUTRIX OF ESTATE OF JEANNE BRICE AND ROBERT C. BRICE v. NEW HAMPSHIRE CATHOLIC CHARITIES, INC. d/b/a ST. FRANCIS HOME No. 79-371Supreme Court of New Hampshire Belknap Decided June 25, 1980 1. Limitation of Actions — Generally Statutes of limitation are procedural limitations upon a party’s right to sue […]
MARYLAND CASUALTY CO. v. GENDRON, 92 N.H. 72 (1942)
24 A.2d 625 MARYLAND CASUALTY COMPANY v. NELSON GENDRON. No. 3278.Supreme Court of New Hampshire Hillsborough. Decided February 3, 1942. In an action by a surety for reimbursement against his principal the latter cannot defend on the ground that he has brought a proceeding to vacate the judgment of the obligee against him. A surety […]
REMICK v. COMPANY, 82 N.H. 182 (1926)
131 A. 608 VENA SEVIGNY REMICK v. J. SPAULDING SONS CO., INC. Supreme Court of New Hampshire Strafford. Decided January 5, 1926. An action for personal injuries to an employee having been brought against a partnership whose business had, prior to the incurring of the injuries, been taken over by a corporation of almost identically […]
FIRST BERKSHIRE BUSINESS v. COMMISSIONER, 161 N.H. 176 (2010)
13 A.3d 232 FIRST BERKSHIRE BUSINESS TRUST a. v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION a. No. 2009-850.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: October 14, 2010. Opinion Issued: November 24, 2010. 1. Taxation — Generally — Construction of Tax Laws A court construes an ambiguous tax statute against the taxing authority rather […]
AMERICAN MOTORISTS INS. CO. v. GARAGE, 86 N.H. 362 (1933)
169 A. 121 AMERICAN MOTORISTS INSURANCE COMPANY v. CENTRAL GARAGE. Supreme Court of New Hampshire Grafton. Decided November 7, 1933. The authority of the insurance commissioner under P. L., c. 271 as amended by Laws 1931, c. 167 is not that of a court sitting for the adjudication of private rights; nor do his reports […]
RYAN v. PERINI POWER CONSTRUCTORS, INC., 126 N.H. 171 (1985)
489 A.2d 137 EDWARD RYAN v. PERINI POWER CONSTRUCTORS, INC. AND COMMERCIAL UNION INSURANCE COMPANIES No. 84-231Supreme Court of New Hampshire Strafford Decided February 22, 1985 1. Workers’ Compensation — Appeal and Review — Late Filing The words “accident, mistake or misfortune” in statute allowing late appeal of workers’ compensation decision by labor commissioner import […]
SMITH v. N.H. TRUST CO., 68 N.H. 424 (1895)
41 A. 174 SMITH a., Trustees, v. NEW HAMPSHIRE TRUST CO. a. Supreme Court of New Hampshire Hillsborough. Decided December, 1895. When pledgors of real estate securities with trustees for bondholders are, by the terms of the pledge, to have the management and collection of the pledged securities until it appears that the interests of […]
CLARK v. HAMPTON, 83 N.H. 524 (1929)
145 A. 265 WILLIAM H. CLARK v. HAMPTON. CLIFFORD R. CLARK, by his next friend, v. SAME. Supreme Court of New Hampshire Rockingham. Decided March 5, 1929. An action on the statute of highways lies for injuries caused by a surface defect in the fill between the piling forming the abutment of a bridge. The […]
LACONIA CLINIC, INC. v. CULLEN, 119 N.H. 804 (1979)
408 A.2d 412 LACONIA CLINIC, INC. v. THOMAS F. CULLEN, M.D. No. 79-021Supreme Court of New Hampshire Belknap Decided November 14, 1979 1. Contracts — Construction — Implied Terms Terms which are plainly or necessarily implied in the language of a contract are as much a part of it as those which are expressed. 2. […]
STATE v. PIERCE, 152 N.H. 790 (2005)
887 A.2d 132 THE STATE OF NEW HAMPSHIRE v. DEREK SEAN PIERCE. No. 2004-491.Supreme Court of New Hampshire Durham District Court.Argued: September 15, 2005. Opinion Issued: December 2, 2005. 1. Offenses — Particular Offenses — Harassment Even if it is assumed that the savings clause in the harassment statute is an affirmative defense, the statute […]
ACKLEY v. NASHUA, 102 N.H. 551 (1960)
163 A.2d 6 EUGENE R. ACKLEY a. v. NASHUA a. No. 4825.Supreme Court of New Hampshire Hillsborough.Argued May 3, 1960. Decided July 19, 1960. 1. The Nashua zoning ordinance (Art. IX, s. 45-A (5)) requiring applications for variances in the use of land or structures to be accompanied by the written consent of a certain […]
SUMNER v. BLAKSLEE, 59 N.H. 242 (1879)
SUMNER v. BLAKSLEE a. Supreme Court of New Hampshire Coos. Decided June, 1879. Pictures, pianos, and billiard-tables may be household furniture within the meaning of a mortgage of all the furniture in and belonging to a certain house. Whether they are used under such circumstances and with such a purpose as to be household furniture […]
GREENHALGE v. TOWN OF DUNBARTON, 122 N.H. 1038 (1982)
453 A.2d 1295 FREDERIC T. GREENHALGE v. TOWN OF DUNBARTON No. 82-044Supreme Court of New Hampshire Merrimack Decided December 23, 1982 1. Taxation — Timber Severance Tax — Purpose Yield taxes promote conservation by removing the pressure to harvest prematurely because there is no taxation before the realization of income from the sale of severed […]
GERRISH v. WHITFIELD, 72 N.H. 222 (1903)
55 A. 551 GERRISH v. WHITFIELD a. Supreme Court of New Hampshire Hillsborough. Decided June 30, 1903. In an action for negligence in locating and operating a steam sawmill, whereby the plaintiff’s dwelling-house was destroyed by fire, evidence tending to show that sparks might be carried from such a mill to a point more distant […]
NAUM v. NAUM, 101 N.H. 367 (1958)
143 A.2d 424 HERCULES NAUM, Ex’r v. JOHN NAUM. No. 4657.Supreme Court of New Hampshire Hillsborough.Argued June 3, 1958. Decided July 1, 1958. 1. The statutory provision (RSA 567:3) that the person appealing from a decree of the probate court “shall give bond, with sufficient sureties, to prosecute his appeal with effect . . .” […]
WHEELER v. INSURANCE CO., 62 N.H. 450 (1883)
WHEELER v. TRADERS’ INSURANCE CO. Supreme Court of New Hampshire Rockingham. Decided June, 1883. The stipulation in a policy of insurance, that “if the assured shall keep or use . . . petroleum, naphtha, gasoline, benzine, benzole, or benzine varnish, or keep or use camphene, spirit gas, or any burning fluid, or chemical oils, without […]
PSYCHIATRIC INST. OF AMERICA v. MEDIPLEX, 130 N.H. 125 (1987)
536 A.2d 169 PSYCHIATRIC INSTITUTE OF AMERICA v. MEDIPLEX, INC. a. No. 86-327Supreme Court of New Hampshire Merrimack Decided December 4, 1987 1. Public Health and Welfare — Institutional Health Services — Certificate of Need Where Certificate of Need (CON) Review Board reached a final decision denying an application for a CON prior to effective […]
KEENE v. COUNTY, 79 N.H. 198 (1919)
106 A. 486 KEENE a. v. CHESHIRE COUNTY a. Supreme Court of New Hampshire Cheshire. Decided April 1, 1919. A county treasurer for a series of years erroneously distributed the county taxes between the towns in his county according to a wrong proportion. Nothing having been paid into the county treasury except what was collected […]
STATE v. ANAYA, 134 N.H. 346 (1991)
592 A.2d 1142 THE STATE OF NEW HAMPSHIRE v. ANTHONY ANAYA No. 90-256Supreme Court of New Hampshire Hillsborough Decided June 12, 1991 1. Criminal Law — Right to Effective Counsel — Generally Analysis of the right to effective counsel is the same under both the Federal and State Constitutions, and the benchmark for judging any […]
KAHN v. WYMAN, 100 N.H. 245 (1956)
123 A.2d 166 GORDON KAHN v. LOUIS C. WYMAN, Attorney General. No. 4509.Supreme Court of New Hampshire Merrimack.Submitted May 31, 1956. Decided June 8, 1956. While the prosecution of crimes involving sedition and subversive activities against the government of the United States is pre-empted by the federal government (Pennsylvania v. Nelson, 350 U.S. 497) the […]
SPALDING v. BROOKS, 58 N.H. 224 (1877)
SPALDING v. BROOKS a. Supreme Court of New Hampshire Hillsborough Decided December, 1877 It is sufficient for the court, on the trial of an issue, whether a testator was induced to make his will by undue influence, to state the general rule on that subject. They are not bound to illustrate it by reference to […]
STATE v. STEARNS, 130 N.H. 475 (1988)
547 A.2d 672 THE STATE OF NEW HAMPSHIRE v. WARREN V. STEARNS No. 86-453Supreme Court of New Hampshire Strafford Decided June 6, 1988 1. Records — Inspection — Individual Financial Records Letter from police to financial institution, requesting disclosure of customer’s financial records, but not stating that criminal report alleged fraudulent use of drafts, checks […]
MENARD v. CASHMAN, 93 N.H. 273 (1945)
41 A.2d 222 ROSE MENARD v. MARGARET E. CASHMAN. JOSEPH MENARD v. SAME. No. 3494.Supreme Court of New Hampshire Hillsborough. Decided February 6, 1945. Testimony of a tenant, who occupied the premises of the defendant, that nobody had ever complained to her of any defect in the stairway upon which the plaintiff sustained her injury […]
INTERSTATE BRIDGE AUTHORITY v. HAM ESTATE, 92 N.H. 277 (1943)
30 A.2d 7 MAINE-NEW HAMPSHIRE INTERSTATE BRIDGE AUTHORITY v. RICHARD H. HAM ESTATE. No. 3387.Supreme Court of New Hampshire Rockingham. Decided January 5, 1943. On a petition brought by the Maine-New Hampshire Interstate Bridge Authority to assess damages for taking a certain strip of land of the defendant for construction of the New Hampshire approach […]
SOBLE v. COMPANY, 96 N.H. 279 (1950)
74 A.2d 381 HARRY I. SOBLE, INC. v. THE FISKE LUMBER COMPANY. No. 3929.Supreme Court of New Hampshire Rockingham. Decided July 6, 1950. In an action of assumpsit, the filing of a counterclaim, although improper, may be considered as a plea of set-off. A corporation may be a party to a contract of novation and […]
CUSSON v. BEAUREGARD, 143 N.H. 410 (1999)
727 A.2d 979 GERARD CUSSON a. v. DENNIS A. BEAUREGARD No. 97-311Supreme Court of New Hampshire Rockingham Decided March 5, 1999 1. Negligence — Generally — Elements Even assuming defendant’s modified snow plow attachment caused enhanced injuries to motorcyclist who ran red light, defendant did not breach any duty by proceeding through green light with […]
APPEAL OF AMALGAMATED TRANSIT UNION, 144 N.H. 325 (1999)
741 A.2d 66 APPEAL OF AMALGAMATED TRANSIT UNION, LOCAL 717 (New Hampshire Public Employee Labor Relations Board) No. 98-038Supreme Court of New Hampshire Public Employee Labor Relations Board Decided November 23, 1999 1. Administrative Law — Powers of Agency — Generally Administrative agencies may, within confines of their limited subject matter jurisdiction, decline to enforce […]
BELANGER v. TEAGUE, 126 N.H. 110 (1985)
490 A.2d 772 DANIEL BELANGER BY HIS FATHER AND NEXT FRIEND, ALBERT E. BELANGER v. GLORIA J. TEAGUE No. 84-193Supreme Court of New Hampshire Rockingham Decided February 15, 1985 Verdict — Additur and Remittitur An additur may be granted upon a jury verdict only if the defendant waives a new trial, and where defendant properly […]
CURRIER v. AMERIGAS PROPANE, 144 N.H. 122 (1999)
737 A.2d 1118 JAMES AND ROSEMARY CURRIER v. AMERIGAS PROPANE, L.P. No. 97-908Supreme Court of New Hampshire Rockingham Decided August 6, 1999 Workers’ Compensation — Defenses — Immunity From Suit General partner’s immunity from suit extended to limited partnership, and therefore injured worker’s claims against limited partnership were barred by exclusive remedy provision of Workers’ […]
TOWN OF WOLFEBORO v. SMITH, 131 N.H. 449 (1989)
556 A.2d 755 TOWN OF WOLFEBORO (PLANNING BOARD) v. CHARLES H. SMITH a. No. 87-434Supreme Court of New Hampshire Carroll Decided March 6, 1989 1. Statutes — Construction and Application — Generally First step in statutory construction is an examination of the language found in the statute. 2. Statutes — Construction and Application — Surplusage […]
BOYLE v. CITY OF PORTSMOUTH, 154 N.H. 390 (2006)
JAMES BOYLE, TRUSTEE, 150 GREENLEAF AVENUE REALTY TRUST v. CITY OF PORTSMOUTH. No. 2005-432.Supreme Court of New Hampshire Rockingham.Argued: June 14, 2006. Opinion Issued: November 22, 2006. 1. Zoning and Planning — Ordinances — Construction The term “materials” in an ordinance prohibiting outdoor storage does not subsume vehicles. Thus, under the ordinance, when regulation of […]
BARTLETT v. COMPANY, 69 N.H. 316 (1898)
41 A. 264 BARTLETT a. v. WOODWORTH-MASON CO. TR. Supreme Court of New Hampshire Carroll. Decided June 1898. An agreement among creditors and with their debtor is it sufficient consideration for a promise to accept a percentage. The delivery of it debtor’s promissory note for it percentage of his indebtedness, upon an agreement with creditors […]
RUSSELL v. MASON, 69 N.H. 359 (1898)
41 A. 287 RUSSELL v. MASON. Supreme Court of New Hampshire Hillsborough. Decided June, 1898. Where owners of lumber commit the custody thereof to one of their number, who may chance to be a tradesman in lumber, to be sold by him for their joint benefit, the common property is taxable at its full value, […]
ANTHONY v. NATIONAL GRANGE MUT. INS. CO., 113 N.H. 486 (1973)
309 A.2d 919 BRUCE ANTHONY v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY No. 6432Supreme Court of New Hampshire Original Decided September 28, 1973 1. RSA 417-A:1 II (Supp. 1972)’s provision that any automobile liability insurance policy issued with a policy period of less than 12 months shall, for the purposes of RSA ch. 417-A (Supp. 1972), […]
DEVOST v. COMPANY, 79 N.H. 411 (1920)
109 A. 839 JOSEPH O. A. DEVOST, by his next friend JOSEPH DEVOST v. THE TWIN STATE GAS ELECTRIC COMPANY a. Supreme Court of New Hampshire Coos. Decided April 6, 1920. A license, by the owner of a vacant city lot, permitting children to occupy it as a playground is not equivalent to a license […]
STATE v. KULAS, 145 N.H. 246 (2000)
761 A.2d 451 THE STATE OF NEW HAMPSHIRE v. PAUL KULAS No. 99-068Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided August 31, 2000 1. Witnesses — Credibility — Jury Issue Determination of witness credibility rests solely with jury, and trial court must ensure that an expert’s testimony does not supplant jury’s responsibility to use […]
MORSE v. WHITCHER, 64 N.H. 590 (1888)
15 A. 217 MORSE v. WHITCHER. Supreme Court of New Hampshire Grafton. Decided June, 1888. A mortgagor is entitled to an injunction to restrain the mortgagee from unreasonably depositing sawdust from his mill upon the mortgaged premises, by throwing it into the stream on which his mill stands, on his own land, whereby it is […]
GAUDETTE v. RAILROAD, 74 N.H. 597 (1906)
64 A. 667 GAUDETTE, Adm’x, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Cheshire. Decided July 2, 1906. CASE, to recover for injuries resulting in the death of Philip Gaudette, the plaintiff’s intestate, who accidentally fell into a vat of hot alkaline solution while at work in the defendants’ repair yard at Keene. The […]
PARKER v. CARPENTER, 77 N.H. 453 (1915)
92 A. 955 WALTER M. PARKER, Trustee, v. WILLIAM M. CARPENTER a. Supreme Court of New Hampshire Hillsborough. Decided January 5, 1915. Where a will bequeaths the residue of an estate to a trustee and directs him to pay the net income thereof in his discretion to a son of the testator, the beneficiary has […]