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 […]
Category: New Hampshire Court Opinions
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 […]
CONTINENTAL BIOMASS INDUSTRIES v. ENVIRONMENTAL MACH., 152 N.H. 325 (2005)
876 A.2d 247 CONTINENTAL BIOMASS INDUSTRIES, INC. v. ENVIRONMENTAL MACHINERY COMPANY a. No. 2004-686.Supreme Court of New Hampshire Rockingham.Argued: March 23, 2005. Opinion Issued: June 14, 2005. 1. Courts — Jurisdiction — In Rem Jurisdiction An action in rem has the practical effect of establishing unassailable title in the res or thing because no one, […]
O’MEARA’S CASE, 150 N.H. 157 (2003)
834 A.2d 235 O’MEARA’S CASE. No. LD-2002-004.Supreme Court of New Hampshire OriginalArgued: September 10, 2003. Opinion Issued: October 15, 2003. 1. Attorneys — Professional Conduct Rules — Violations Attorney violated the Rules of Professional Conduct when he incorrectly represented the date of a subpoena and, even if that had been a mistake, failed to correct […]
PARKER v. MOORE, 63 N.H. 196 (1884)
PARKER a. v. MOORE. Supreme Court of New Hampshire Grafton. Decided June, 1884. In a writ of entry on a mortgage, leave may be denied the defendant’s grantor to appear as defendant in interest for the adjudication of controversies between himself as mortgagee and the plaintiff, in which the defendant of record, being protected by […]
STATE v. CROFT, 145 N.H. 90 (2000)
749 A.2d 1284 THE STATE OF NEW HAMPSHIRE v. SEAN CROFT No. 98-163Supreme Court of New Hampshire Strafford April 17, 2000 1. Criminal Law — Right to Effective Counsel — Generally To successfully assert a claim for ineffective assistance of counsel, defendant must show that counsel’s representation was constitutionally deficient and actually prejudiced outcome of […]
STATE v. ZORZY, 136 N.H. 710 (1993)
622 A.2d 1217 THE STATE OF NEW HAMPSHIRE v. LEWIS ZORZY No. 90-350Supreme Court of New Hampshire Carroll Decided March 11, 1993 1. Criminal Law — Competency To Stand Trial — Generally Mental competence of a criminal defendant is an absolute basic condition of a fair trial, protected by due process guarantees under both Federal […]
LEVESQUE v. BRONZE CRAFT CORP., 104 N.H. 195 (1962)
182 A.2d 603 CARMELLE P. LEVESQUE, Adm’x a. v. BRONZE CRAFT CORPORATION a. No. 5030.Supreme Court of New Hampshire Hillsborough.Argued June 5, 1962. Decided June 29, 1962. 1. Failure of a claimant for workmen’s compensation to give notice to the employer within one year from the date of the accident as required by the provisions […]
CLARK v. CLARK, 96 N.H. 443 (1951)
78 A.2d 525 HARRIET S. CLARK v. GEORGE L. CLARK No. 3989Supreme Court of New Hampshire Hillsborough Decided February 6, 1951 The power of the Trial Court (R. L., c. 339, s. 15) to award the custody of a minor child in divorce proceedings rests in the sound discretion of the Presiding Justice, and such […]
STATE v. PIPER, 73 N.H. 226 (1905)
60 A. 742 STATE v. PIPER. Supreme Court of New Hampshire Carroll. Decided March 7, 1905. In an indictment against a bank cashier for making a false entry in a book of the institution, a statement as to the meaning of the entry is not an allegation of fact, but a conclusion of the pleader […]
COZZI v. HOOKSETT, 84 N.H. 530 (1931)
153 A. 317 JOHN COZZI, by his next friend, v. HOOKSETT. VINCENT COZZI v. SAME. SYLVIA COZZI v. SAME. Supreme Court of New Hampshire Merrimack. Decided January 6, 1931. In an action against a town for injuries to a highway traveler by reason of an insufficiently railed embankment, the town fulfils its entire legal duty […]
JEWELL v. RAILWAY, 55 N.H. 84 (1874)
JEWELL v. GRAND TRUNK RAILWAY. Supreme Court of New Hampshire Coos. Decided December 18, 1874. Common carriers are bound to deliver freight, consigned to them for transportation, at a place suitable and reasonable for the consignee to receive it; and whether any given place answers this requirement is a question for the jury, under proper […]
SANBORN v. SANBORN, 62 N.H. 631 (1882)
SANBORN v. SANBORN a. Supreme Court of New Hampshire Grafton. Decided June, 1882. A testator’s intention, proved by competent evidence, is his will. In one sense, his intention, like the meaning of a written contract, statute, or constitution, is a matter of law: it is a question for the court. In another sense it is […]
CHAO v. THE RICHEY CO., INC., 122 N.H. 1115 (1982)
455 A.2d 1008 PHEBE CHAO v. THE RICHEY COMPANY, INC. a. No. 81-358Supreme Court of New Hampshire Strafford Decided December 29, 1982 1. Deeds and Conveyances — Construction — Intent of Parties When interpreting deeds, the general rule is to determine the intent of the parties at the time of the conveyance in light of […]
STATE v. STAPLES, 120 N.H. 278 (1980)
415 A.2d 320 THE STATE OF NEW HAMPSHIRE v. JOHN F. STAPLES No. 79-126Supreme Court of New Hampshire Grafton Decided May 5, 1980 1. Evidence — Opinions — Admissibility Opinion evidence is admissible if the court finds that the expert is qualified to give an opinion on the issue raised and that it will aid […]
PAINE v. ASSOCIATION, 91 N.H. 78 (1940)
13 A.2d 820 ROBERT PAINE v. YOUNG MEN’S CHRISTIAN ASSOCIATION. No. 3162.Supreme Court of New Hampshire Hillsborough. Decided May 27, 1940. Where a party testifies as to contradictory conclusions of fact both of which are equally based upon conjecture, the jury will not be permitted to accept one conclusion and reject the other. One who […]
JOHNSON v. NASH, 135 N.H. 534 (1992)
608 A.2d 200 JEREMY JOHNSON v. MARSHALL NASH a. No. 91-447Supreme Court of New Hampshire Strafford Decided May 5, 1992 1. Appeal and Error — Preservation of Questions — Failure To Present Below Party who fails to object to superior court’s consolidation of hearing waives right to object on appeal. Superior Ct. R. 161(b)(2). 2. […]
DOYLE v. TOWN OF GILMANTON, 155 N.H. 733 (2007)
SUZANNE K. DOYLE a. v. TOWN OF GILMANTON a. No. 2006-797.Supreme Court of New Hampshire Belknap.Argued: June 7, 2007. Opinion Issued: July 19, 2007. 1. Zoning and Planning — Ordinances —Construction Even though subdivision regulations did not state whether setbacks were included in calculating area of land on which a building is placed, nevertheless, the […]
STATE v. DAY, 101 N.H. 289 (1958)
140 A.2d 571 STATE v. CHALMERS H. DAY. No. 4640.Supreme Court of New Hampshire Dover Municipal Court.Argued April 1, 1958. Decided April 24, 1958. 1. On trial of a criminal complaint for operating a motor vehicle on a public way while under the influence of intoxicating liquor it was not error for the justice of […]
HENDERSON v. WILLIAMS, 66 N.H. 405 (1890)
23 A. 365 HENDERSON v. WILLIAMS. Supreme Court of New Hampshire Hillsborough. Decided December, 1890. A servant assumes the perils incident to his service of which he is informed, or which ordinary care would disclose to him. His master’s failure to inform him of facts immaterial to his safety is not negligence. CASE, to recover […]
LANE v. GROETZ, 108 N.H. 173 (1967)
230 A.2d 741 MARION F. LANE a. v. CATHERINE M. GROETZ, Adm’x. No. 5553.Supreme Court of New Hampshire Rockingham.Argued February 7, 1967. Decided June 30, 1967. 1. A nurse entering upon the premises of the defendant was held to have done so as an invitee to whom the defendant owed the duty of exercising reasonable […]
EVANS v. FOSTER, 95 N.H. 194 (1948)
60 A.2d 130 HUGH EVANS v. IRVIN FOSTER a., d.b.a. Foster Lumber Operations. No. 3742.Supreme Court of New Hampshire Grafton. Decided July 6, 1948. Evidence of the ownership and operation of a sawmill by the defendants warranted a finding that each defendant was responsible for failing to instruct and warn an inexperienced servant of the […]
DUNNE v. CAREY, 97 N.H. 43 (1951)
79 A.2d 842 JAMES A. DUNNE v. FORREST L. CAREY. No. 4021.Supreme Court of New Hampshire Cheshire. Decided April 3, 1951. The denial of a motion to set aside the verdict for the reason that it was not filed within the time provided by Rule 56 of the Superior Court involved no abuse of discretion […]
STATE v. FOSTER, 120 N.H. 654 (1980)
421 A.2d 127 THE STATE OF NEW HAMPSHIRE v. STEPHEN FOSTER No. 79-465Supreme Court of New Hampshire Sullivan Decided September 26, 1980 Escape — Attempt — Elements Statute providing that a person in official custody is guilty of a class B felony if “he knowingly procures, makes or possesses anything which may facilitate escape” was […]
O’DONNELL v. MEREDITH, 75 N.H. 272 (1909)
73 A. 32 O’DONNELL v. MEREDITH a. Supreme Court of New Hampshire Belknap. Decided May 4, 1909. A mortgagee who redeems the mortgaged property within thirty days after its sale for taxes cannot complain of the purchaser’s failure to notify him of the sale. Real estate may be sold at public auction if the tax […]
PAGE v. ACADEMY, 63 N.H. 216 (1884)
PAGE v. HAVERHILL ACADEMY a. Supreme Court of New Hampshire Grafton. Decided June, 1884. Where a contract between a school-district and an incorporated academy, made in pursuance of Gen. Laws, c. 90, s. 15, provides for the transfer to the academy of the functions appertaining to the offices of superintending and prudential committees under the […]
BENNETT v. STATE, 122 N.H. 246 (1982)
442 A.2d 604 EDWARD J. BENNETT v. THE STATE OF NEW HAMPSHIRE No. 81-381Supreme Court of New Hampshire Merrimack Decided March 10, 1982 1. Attorney and Client — Fees — Recovery Absent a statute or court rule governing the time in which attorney’s fees must be requested, a request for attorney’s fees is proper only […]
BOOTH v. RAILWAY, 73 N.H. 527 (1906)
63 A. 577 BOOTH v. MANCHESTER STREET RAILWAY. Supreme Court of New Hampshire Hillsborough. Decided April 3, 1906. The fact that the defendant in an action for negligence alleges that the injuries complained of proximately resulted from the want of care of a third person does not warrant the joinder of the latter as a […]
KEENE v. ZONING BD., 114 N.H. 744 (1974)
329 A.2d 141 CITY OF KEENE v. ZONING BOARD OF ADJUSTMENT AND N. MICHAEL PLAUT No. 6788Supreme Court of New Hampshire Cheshire Decided November 29, 1974 1. City’s failure to move within twenty days for rehearing of zoning board’s granting of variance was fatal to maintenance of an appeal and to jurisdiction of superior court […]
CONANT v. CURTISS, 93 N.H. 398 (1945)
42 A.2d 743 ROGER B. CONANT a., Trustees v. ALICE B. CURTISS a. No. 3540.Supreme Court of New Hampshire Rockingham. Decided June 5, 1945. In a petition for instructions under a will providing that upon the death of a life income beneficiary of a trust fund established thereby, such income shall be paid to the […]
BROWN v. CORRIVEAU, 99 N.H. 22 (1954)
104 A.2d 516 NEWELL BROWN, Director, Division of Employment Security, Department of Labor v. DONAT CORRIVEAU. No. 4298.Supreme Court of New Hampshire Hillsborough.Argued April 6, 1954. Decided April 21, 1954. The register of deeds for Hillsborough county is not required as an employer make contributions with respect to wages for employment under the Unemployment Compensation […]
FELLOWS v. COMPANY, 76 N.H. 457 (1912)
83 A. 1091 FELLOWS a. v. CHAMPION INTERNATIONAL CO. Supreme Court of New Hampshire Merrimack. Decided June 28, 1912. A remark by counsel as to the authenticity of documentary evidence, made during the course of objection to its introduction, but not intended as an unsworn statement of fact nor calculated to have that effect, does […]
FARNUM v. PATCH, 60 N.H. 294 (1880)
FARNUM v. PATCH a. Supreme Court of New Hampshire Hillsborough. Decided December, 1880. Unincorporated “stockholders,” taking certain numbers of “shares,” according to their written agreement, “at $25 per share, for the purpose of starting a grocery store,” are partners; and their liability to share losses is not limited by their opinion that, for some unexplained […]
GILES v. RAILROAD, 55 N.H. 552 (1875)
GILES v. BOSTON MAINE RAILROAD Supreme Court of New Hampshire Rockingham. Decided August 12, 1875. A railroad corporation is not liable for damages done to cattle unlawfully in a pasture adjoining, and escaping thence upon its roads through defective fences which the railroad is bound to keep in repair. TRESPASS on the case, for killing […]
RUEL v. HARDY, 90 N.H. 240 (1939)
6 A.2d 753 JUSTINE I. RUEL, Ex’x v. EVA G. HARDY, a. No. 3075.Supreme Court of New Hampshire Belknap. Decided May 31, 1939. By a devise of real estate the title vests in the devisee on the death of the testator and until administration in the insolvent course the estate has no beneficial interest in […]
IN RE DAVIS ESTATE, 108 N.H. 163 (1967)
229 A.2d 694 IN RE FREEMAN N. DAVIS ESTATE. No. 5600.Supreme Court of New Hampshire Strafford Probate Court.Argued April 4, 1967. Decided May 23, 1967. 1. Ordinarily the heir of a decedent is he upon whom the law of inheritance casts the estate immediately on the death of the ancestor. 2. However where a testator […]
LACHAPELLE v. GOFFSTOWN, 107 N.H. 485 (1967)
225 A.2d 624 CLARENCE L. LACHAPELLE v. GOFFSTOWN. No. 5471.Supreme Court of New Hampshire Hillsborough.Argued September 7, 1966. Decided January 13, 1967. 1. A municipal zoning ordinance adopted pursuant to RSA 267:1, 2 providing that no junk yard or motor vehicle junk yard may continue as a nonconforming use for more than one year after […]
FRENCH v. MASCOMA CO., 66 N.H. 90 (1889)
20 A. 363 FRENCH, Adm’r, v. MASCOMA FLANNEL CO. Supreme Court of New Hampshire Hillsborough. Decided December, 1889. Chapter 71, Laws 1887, giving to the executor or administrator of a person whose death is caused by the wrongful act or neglect of another an action for the injury to the person and estate of such […]
STARR v. GOVERNOR a., 148 N.H. 72 (2002)
802 A.2d 1227 DARREN STARR v. GOVERNOR a. No. 2000-573Supreme Court of New Hampshire MerrimackArgued May 16, 2002 Opinion Issued July 19, 2002 1. Taxation — Generally — Construction of Tax Laws Because collection of a 5% surcharge at the stat prison commissary operated for the sale of commodities to inmates neither funds the maintenance, […]
GOSSELIN v. GOSSELIN, 136 N.H. 350 (1992)
616 A.2d 4 PRISCILLA K. GOSSELIN v. J. PETER GOSSELIN No. 91-139Supreme Court of New Hampshire Grafton Decided November 10, 1992 1. Appeal and Error — Preservation of Questions — Failure to Present Below Defendant appealing contempt order could not raise due process claim on appeal, since he did not present issue below. 2. Appeal […]
APPEAL OF TOWN OF PELHAM, 124 N.H. 131 (1983)
469 A.2d 1295 APPEAL OF TOWN OF PELHAM (New Hampshire Public Employee Labor Relations Board) No. 82-074Supreme Court of New Hampshire Public Employee Labor Relations Board Decided October 28, 1983 1. Appeal and Error — Questions Considered on Appeal — Matters of Insufficient Merit Where town raised a number of questions for review on appeal […]
STATE v. SIMONDS, 135 N.H. 203 (1991)
600 A.2d 928 THE STATE OF NEW HAMPSHIRE v. DAVID SIMONDS No. 90-302Supreme Court of New Hampshire Belknap Decided December 31, 1991 1. Appeal and Error — Preservation of Questions — Failure To Object Defendant’s failure to object contemporaneously during trial to the admissibility of prior bad act evidence did not bar defendant from raising […]
STATE v. HUTCHINSON, 161 N.H. 765 (2011)
20 A.3d 972 THE STATE OF NEW HAMPSHIRE v. WALTER HUTCHINSON, JR. No. 2009-795.Supreme Court of New Hampshire. Rockingham.Argued: February 16, 2011. Opinion Issued: April 26, 2011. 1. Evidence — Weight and Sufficiency —Criminal Cases In a challenge to the sufficiency of the evidence, a defendant must prove that no rational trier of fact, viewing […]
BADR EXPORT AND IMPORT, INC. v. GROVETON, 122 N.H. 101 (1982)
441 A.2d 1159 BADR EXPORT AND IMPORT, INC. v. GROVETON PAPERS CO. No. 81-186Supreme Court of New Hampshire Hillsborough Decided February 12, 1982 1. Contracts — Parol Agreements — Not Binding Where letters to sales broker from paper manufacturer regarding the broker’s right to represent the manufacturer’s stationery product line in the Middle East did […]
TABOR v. BLAKE, 61 N.H. 83 (1881)
TABOR a. v. BLAKE. Supreme Court of New Hampshire Grafton. Decided June, 1881. An agreement by A with B that he will not for himself open, or cause to be opened, a billiard or eating saloon in W, is not violated when A opens and manages such a saloon as the agent and servant of […]
THOMPSON v. FOREST, 136 N.H. 215 (1992)
614 A.2d 1064 CHRISTINE M. AND PETER F. THOMPSON v. DIANE FOREST a. No. 90-320Supreme Court of New Hampshire Belknap Decided October 14, 1992 1. Pleading — Motion To Dismiss — Tests and Standards Standard of review in considering motion to dismiss is whether allegations in pleadings are reasonably susceptible of a construction that would […]
MERRILL v. HILLIARD, 59 N.H. 481 (1879)
MERRILL v. HILLIARD. Supreme Court of New Hampshire Coos. Decided December, 1879. Whether the claimant of land under legislative grants was in the “occupation and actual possession, bona fide, and making improvements,” is a question of fact. Acts of possession by a third person, for and in behalf of the plaintiff, may be admitted as […]
COLE v. COMPANY, 79 N.H. 187 (1919)
106 A. 605 DANIEL R. COLE a. v. FRED B. PIERCE COMPANY. Supreme Court of New Hampshire Cheshire. Decided March 4, 1919. In the absence of any deed or contract no duty rests upon the owner of a mill-dam to maintain it in repair though by his deed he has granted to a riparian owner […]
MAXFIELD v. PITTSFIELD, 67 N.H. 104 (1891)
36 A. 609 MAXFIELD a. v. PITTSFIELD a. Supreme Court of New Hampshire Merrimack. Decided December, 1891. Upon a motion to set aside the report of the county commissioners for the alleged reason that one of them, without the fault of either party, was influenced by prejudicial statements made to him by a stranger, his […]
BRIERE v. BRIERE, 107 N.H. 432 (1966)
224 A.2d 588 NORMAN A. BRIERE a. v. MAURICE S. BRIERE. No. 5505.Supreme Court of New Hampshire Hillsborough.Argued October 4, 1966. Decided November 30, 1966. 1. The court-made rule, which established the principle of law that unemancipated minor children may not maintain actions against their father for injuries sustained as the alleged result of the […]
STATE v. HINMAN, 65 N.H. 103 (1889)
18 A. 194 STATE v. HINMAN. Supreme Court of New Hampshire Rockingham. Decided June, 1889. A statute which requires that certain persons, before practising dentistry’ shall procure a license, and exempts others of the same class and profession under similar circumstances, cannot be sustained under the constitution of this state or of the United States. […]
BURKE v. STILES, 65 N.H. 163 (1889)
18 A. 657 BURKE a. v. STILES a. Supreme Court of New Hampshire Merrimack. Decided June, 1889. What passes by force of a residuary clause in a will is that which remains after satisfying all legal demands against the estate, including legacies and devises anywhere mentioned in the will. ALLEN, J. The plaintiffs claim a […]
CITY OF MANCHESTER v. GENERAL REINSURANCE CORP., 127 N.H. 806 (1986)
508 A.2d 1063 CITY OF MANCHESTER v. GENERAL REINSURANCE CORPORATION a. No. 85-060Supreme Court of New Hampshire Hillsborough Decided April 11, 1986 1. Insurance — Construction of Contracts — Ambiguity Coverage ambiguities in insurance contracts will be resolved against the insurer and in favor of the insured. 2. Insurance — Construction of Contracts — Ambiguity […]
BANK v. CONCORD, 59 N.H. 75 (1879)
FIRST NATIONAL BANK v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided June, 1879. A tax assessed against a national bank for “money on hand, at interest, or on deposit,” will not be abated by the court on appeal because the, words “surplus capital,” used in the statute, were not employed by the assessors. The […]
STATE v. SHAW, 58 N.H. 72 (1877)
STATE v. SHAW. Supreme Court of New Hampshire Strafford. Decided March, 1877. Section 5 of c. 8, Laws of 1875, authorizing all registered pharmacists “to keep spirituous liquors for compounding their medicines,” does not authorize them to sell spirituous liquor not compounded with medicine. INDICTMENT, for the sale of two glasses of spirituous liquor to […]
BUTLER v. WALKER POWER, INC., 137 N.H. 432 (1993)
629 A.2d 91 MICHAEL A. BUTLER v. WALKER POWER, INC. No. 91-141Supreme Court of New Hampshire Merrimack Decided July 19, 1993 1. Verdict — Withdrawal of Issues From Jury — Directing a Verdict Trial court may direct a verdict only if it determines, after considering evidence and construing all inferences therefrom most favorably to non-moving […]
PALAZZI CORP. v. STICKNEY, COMM’R, 136 N.H. 250 (1992)
619 A.2d 1001 THE PALAZZI CORPORATION v. WALLACE E. STICKNEY, COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION No. 90-607Supreme Court of New Hampshire Merrimack Decided October 30, 1992 1. Appeal and Error — Standards of Review — Generally Function in reviewing lower court’s findings is not to decide whether one would have found differently but whether […]
DREWS’ APPEALS, 58 N.H. 319 (1878)
DREWS’ APPEALS. Supreme Court of New Hampshire Strafford. Decided June 1878. No one of the next of kin is entitled to be appointed administrator, if, by reason of his hostility to another of the next of kin, he is not a suitable person for the office. When all of the next of kin are thus […]
IN RE ALEX C., 158 N.H. 525 (2009)
IN RE ALEX C. No. 2008-198.Supreme Court of New Hampshire. Jaffirey-Peterborough District Court.Argued: March 12, 2009. Opinion Issued: April 8, 2009. 1. Indictment and Information — Contents — Elements of Offense A criminal complaint must inform a defendant of the offense with which he is charged with sufficient specificity to enable him to prepare for […]
MANNING v. COMPANY, 90 N.H. 167 (1939)
5 A.2d 667 ELEANOR P. MANNING v. THE LEAVITT COMPANY. No. 3047.Supreme Court of New Hampshire Hillsborough. Decided April 4, 1939. A lessor of premises is liable for bodily harm to his invitees only when it results from an unsafe condition of the premises caused by his negligence either in the breach of a duty […]
WHITEFIELD c. DISTRICT v. BOBST, 93 N.H. 229 (1944)
39 A.2d 566 WHITEFIELD VILLAGE FIRE DISTRICT v. RICHARD M. BOBST a. No. 3486.Supreme Court of New Hampshire Coos. Decided October 3, 1944. A lien under R. L., c. 56, s. 22 for water furnished to patrons continues for one year from the last item charged for each separate account and hence does not provide […]
IN RE SHANNON M., 146 N.H. 22 (2001)
766 A.2d 729 In re SHANNON M. No. 99-528.Supreme Court of New Hampshire Hillsborough County Probate Court. Decided February 7, 2001. 1. Parent and Child — Termination of Parental Rights —Abandonment Although father had several restraining orders against him as a result of his violent and abusive behavior toward mother, probate court failed to determine […]
BARNES v. FIRST c. CHURCH, 82 N.H. 503 (1927)
136 A. 266 FRED E. S. BARNES, Ex’r, v. FIRST BAPTIST CHURCH OF CLAREMONT a. Supreme Court of New Hampshire Sullivan. Decided January 4, 1927. The presumption that a word has the same meaning in different parts of a will affords no more than an inference of fact, and must yield to proof of a […]
CARNEY v. RAILWAY, 72 N.H. 364 (1903)
57 A. 218 CARNEY, Adm’r, v. CONCORD STREET RAILWAY. Supreme Court of New Hampshire Merrimack. Decided December 31, 1903. In an action against a railway company for negligently running upon a child so young as to be incapable of exercising care, a verdict cannot be directed for the defendants unless the evidence establishing their freedom […]
PLANTE v. SHORTELL, 92 N.H. 38 (1942)
24 A.2d 498 THOMAS C. PLANTE v. M. SHORTELL SON, INC., Prin. Def’t: MERCHANTS NATIONAL BANK, Trustee. No. 3285.Supreme Court of New Hampshire Hillsborough. Decided January 6, 1942. An exception taken by the plaintiff in trustee-process to an order discharging the trustee, challenges the correctness of that order. In such case the allowance of a […]
FOODMASTER, INC. v. MOYER, 101 N.H. 298 (1958)
141 A.2d 890 FOODMASTER, INC. v. JOHN W. MOYER, SR. a. No. 4642.Supreme Court of New Hampshire Merrimack.Submitted May 7, 1958. Decided May 29, 1958. 1. The provision in the Uniform Sales Act (RSA 346:11 II) that a buyer of goods may treat the fulfillment by the seller of his obligation to furnish goods as […]
STATE v. BERNABY, 139 N.H. 420 (1995)
653 A.2d 1124 THE STATE OF NEW HAMPSHIRE v. TIMOTHY S. BERNABY No. 93-654Supreme Court of New Hampshire Rockingham Decided February 13, 1995 1. Criminal Law — Speedy Trial — Tests and Standards In determining whether a defendant has been deprived of his right to a speedy trial under either the State or Federal Constitutions, […]
DREW v. MORRILL, 62 N.H. 565 (1883)
DREW v. MORRILL. Supreme Court of New Hampshire Merrimack. Decided June, 1883. A mortgagor in possession cannot defeat the mortgage by acquiring a tax title of the mortgaged premises; and a tax deed taken by the wife of a mortgagor at his request, and held for his benefit, is invalid as against the mortgagee. TRESPASS, […]
WITTE v. DESMARAIS, 136 N.H. 178 (1992)
614 A.2d 116 BRUCE P. WITTE v. WILFRED J. DESMARAIS AND WIGGIN NOURIE No. 91-252Supreme Court of New Hampshire Hillsborough Decided September 1, 1992 1. Pleading — Motion To Dismiss — Tests and Standards On an appeal from an order granting a motion to dismiss the only issue raised is whether the allegations are reasonably […]
HAMMER v. RAY, 116 N.H. 90 (1976)
352 A.2d 734 A. CAROLYN HAMMER v. GEORGE T. RAY, JR., EXECUTOR OF THE ESTATE OF SUSAN C. SCHLEICHER, a.k.a. SUSAN C. KNOWLES No. 7192Supreme Court of New Hampshire Grafton Decided February 27, 1976 1. Evidence of intention on part of grantor to convey, together with delivery of deed and acceptance by grantee or her […]
STATE v. WELLMAN, 128 N.H. 340 (1986)
513 A.2d 944 THE STATE OF NEW HAMPSHIRE v. BRUCE WELLMAN THE STATE OF NEW HAMPSHIRE v. BRUCE WELLMAN No. 84-444 No. 84-548Supreme Court of New Hampshire Carroll Decided July 29, 1986 1. Indictment and Information — Presentment — Delay Where defendant was convicted under a superseding indictment brought 108 days after his arrest, defective […]
BEACH v. MORGAN, 67 N.H. 529 (1893)
41 A. 349 BEACH v. MORGAN. Supreme Court of New Hampshire Merrimack. Decided December, 1893. The right of fishing in an unnavigable stream, in the land of another, is limited at common law to the riparian owner in exclusion of the public. A custom to take fish in an unnavigable stream in the land of […]
LALLY v. INSURANCE CO., 75 N.H. 188 (1909)
72 A. 208 LALLY, Adm’x, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA. Supreme Court of New Hampshire Hillsborough. Decided February 2, 1909. Where a life insurance company has waived a provision of the policy for payment of premiums at stipulated times by its repeated acceptance of them when overdue, it cannot without previous notice insist upon […]
JONES v. STONE, 78 N.H. 504 (1917)
102 A. 377 GEORGE H. JONES v. SAMUEL STONE. Supreme Court of New Hampshire Coos. Decided November 6, 1917. An act of dominion over the property of another, inconsistent with his ownership, is a conversion. A requested instruction based upon part only of the evidence material thereto is properly denied. TROVER, for household furniture c. […]
GAROFOLI v. TOWN OF HENNIKER, 121 N.H. 153 (1981)
427 A.2d 35 JOSEPH GAROFOLI v. TOWN OF HENNIKER No. 80-078Supreme Court of New Hampshire Merrimack Decided March 11, 1981 1. Municipal Corporations — Municipal Services — Sewer and Water Where town began operating new, modern sewer system in 1976 and the system was available to plaintiff and an ordinance required him to use it, […]
MESSER v. SMYTHE, 58 N.H. 312 (1878)
MESSER v. SMYTHE. Supreme Court of New Hampshire Rockingham. Decided June, 1878 When a defective summons is pleaded in abatement, unless it is brought into court with the plea, the plea will, on motion, be rejected. Page 313 ASSUMPSIT. The defendant pleaded in abatement, enrolling the summons. The plaintiff moved to reject the plea, because […]
IN RE SCOTT L., 124 N.H. 327 (1983)
469 A.2d 1336 In re SCOTT L. In re ARNOLD L. In re ARIANTHY K. In re ALISON S. In re HENRY S. No. 82-498 No. 82-581 No. 83-007 No. 83-039 No. 83-040Supreme Court of New Hampshire Merrimack County Probate Court Decided December 27, 1983 1. Constitutional Law — Due Process — Treatment of Mentally […]
STATE v. FREIJE, 109 N.H. 290 (1969)
249 A.2d 683 STATE v. ARTHUR JOHN FREIJE. No. 5830.Supreme Court of New Hampshire Hillsborough.Argued December 3, 1968. Decided January 31, 1969. 1. An order consolidating for trial several indictments for obtaining goods by false pretenses was desirable and proper where the indictments all related to defendant’s use of a credit card issued in the […]
STATE v. WATERHOUSE, 71 N.H. 488 (1902)
53 A. 304 STATE v. WATERHOUSE. Supreme Court of New Hampshire Strafford. Decided October 7, 1902. If the moderator of a school-district meeting willfully refuses to make a vote certain by a poll of the voters when duly required, he is liable for neglect of official duty under section 14, chapter 255, Public Statutes; and […]
STATE v. ADDISON, 161 N.H. 300 (2010)
THE STATE OF NEW HAMPSHIRE v. MICHAEL ADDISON. No. 2009-047.Supreme Court of New Hampshire. Hillsborough-northern judicial districtArgued: May 13, 2010. Opinion Issued: December 22, 2010. 1. Criminal Law — Right to Impartial Jury — Generally It is a fundamental precept of the system of justice that a defendant has the right to be tried by […]
COLTIN COMPANY v. MANCHESTER SAVINGS BANK, 105 N.H. 254 (1964)
197 A.2d 208 WILLIAM COLTIN CO. v. MANCHESTER SAVINGS BANK. No. 5182.Supreme Court of New Hampshire Hillsborough.Argued November 6, 1963. Decided January 31, 1964. 1. The statute (RSA ch. 331-A (supp)) providing that “it shall be unlawful for any person to engage in . . . the business or acting in the capacity of a […]
ESTATE OF FREDERICK v. FREDERICK, 141 N.H. 530 (1996)
687 A.2d 711 ESTATE OF MARCIA S. FREDERICK a/k/a MARCIE S. FREDERICK v. JAMES W. FREDERICK, JR. No. 95-515Supreme Court of New Hampshire Cheshire Decided December 31, 1996 1. Divorce — Generally — Postnuptial Contracts The “release of obligations” language in a divorce stipulation was not legally sufficient to eliminate defendant as a beneficiary under […]
HARRIS v. PARKER, 66 N.H. 324 (1890)
23 A. 81 HARRIS a., Ap’ts, v. PARKER, Adm’r. Supreme Court of New Hampshire Hillsborough. Decided June, 1890. Objection to insolvency proceedings and the appointment of a commissioner upon an estate in hands of a special administrator, is waived by creditors who, knowing the facts, prove their claims before the commissioner without making objection. PROBATE […]
OPINION OF THE JUSTICES, 78 N.H. 617 (1917)
100 A. 49 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided February 15, 1917. The legislature can grant no pension to one whose right thereto is ascertainable upon any other ground than the performance of actual service to the public. Legislation in the same year, whether in one bill or several, granting, in […]
AMOSKEAG MFG. CO. v. MANCHESTER, 70 N.H. 200 (1899)
46 A. 470 AMOSKEAG MANUFACTURING CO. v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided December, 1899. The finding of referees that an incorrect statement of the amount of property in a tax inventory was made in good faith, with no intent to mislead the assessors, is conclusive as to the purpose with which such […]
STATE v. HURLBURT, 132 N.H. 674 (1990)
569 A.2d 1306 THE STATE OF NEW HAMPSHIRE v. ROBERT C. HURLBURT No. 88-455Supreme Court of New Hampshire Strafford Decided February 7, 1990 1. Witnesses — Impeachment — Extrinsic Evidence It is New Hampshire practice to allow inquiry into collateral issues by cross-examination for impeachment purposes; however, the cross-examiner must take the answer and may […]
IN RE CHAMPAGNE, 128 N.H. 791 (1986)
519 A.2d 310 In re DANA CHAMPAGNE No. 86-006Supreme Court of New Hampshire Merrimack County Probate Court Decided December 8, 1986 1. Mental Health — Commitment — Evidence In order to effect a transfer from within the State mental health services system to the secure psychiatric unit (SPU), probate court need determine only by a […]
NEW ENGLAND POWER CO. v. LITTLETON, 114 N.H. 594 (1974)
326 A.2d 698 NEW ENGLAND POWER COMPANY v. TOWN OF LITTLETON No. 6692Supreme Court of New Hampshire Grafton Decided September 30, 1974 1. Evidence of resulting values of property used for generation of electric power arrived at by original cost less depreciation, by reproduction cost less depreciation, and by cost of an alternative source of […]
STATE v. BREWER, 127 N.H. 799 (1986)
508 A.2d 1058 THE STATE OF NEW HAMPSHIRE v. RAYMOND BREWER No. 85-340Supreme Court of New Hampshire Cheshire Decided April 9, 1986 1. Indictment and Information — Sufficiency — Generally An indictment is sufficient if it sets forth the offense fully, plainly, substantially, and formally. RSA 601:4. 2. Indictment and Information — Sufficiency — Generally […]
DURIVAGE v. TUFTS, 94 N.H. 265 (1947)
51 A.2d 847 FLOYD DURIVAGE v. HENRY W. TUFTS. YVONNE DURIVAGE v. SAME. YVONNE DURIVAGE, Adm’x of the estate of Robert N. Durivage v. SAME. No. 3632.Supreme Court of New Hampshire Hillsborough. Decided March 4, 1947. No relationship of landlord and tenant exists where an employee’s occupancy of a house belonging to his employer is […]
MYRE v. MYRE, 86 N.H. 594 (1933)
164 A. 553 ALEXANDRINE MYRE v. ISIDORE MYRE. Supreme Court of New Hampshire Hillsborough. Decided February 7, 1933. PETITION, for separation, alleging adultery and extreme cruelty. A master reported that adultery was not proved, but recommended that the petition be granted. The court (Page, J.) decreed separation for extreme cruelty and the defendant excepted. Omer […]
BUEHLER v. TOWN OF MEREDITH, 133 N.H. 128 (1990)
575 A.2d 1291 ANNA M. BUEHLER AND ROBERT J. BUEHLER v. TOWN OF MEREDITH No. 88-421Supreme Court of New Hampshire Belknap Decided April 30, 1990 1. Municipal Corporations — Sovereign Immunity — Torts In personal injury action alleging that defendant town was negligent in the maintenance of its streets and highways, trial court erred in […]
VALLEE v. COMPANY, 89 N.H. 558 (1938)
199 A. 894 EUGENE VALLEE v. SPAULDING FIBRE COMPANY. Supreme Court of New Hampshire Strafford. Decided June 7, 1938. PETITION, for compensation. This is a second transfer of the case reported ante, 285. The trial court has amended its original decree by adding thereto the statement that the amount of the award of compensation was […]