Category: New Hampshire Court Opinions

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

471 A.2d 1193 APPEAL OF JOSEPH CLEMENT d/b/a HENNIKER PHARMACY, INC. (New Hampshire Department of Public Works and Highways) No. 83-080Supreme Court of New Hampshire Department of Public Works and Highways Decided February 16, 1984 1. Highways — Regulation of Signs — Interstate Highways The “Outdoor Advertising Act” was intended as a comprehensive scheme to […]

826 A.2d 586 MARIA DONNELLY a. v. DONNA EASTMAN No. 2002-778Supreme Court of New Hampshire RockinghamArgued May 14, 2003 Opinion Issued June 30, 2003 1. Limitation of Actions — Proceedings — Late Claims; Discretion of Court Even though the trial court found that the failure to properly bring a claim was attributable to inexperience and […]

772 A.2d 316 CHARLES G. DOUGLAS, III v. CAROLINE G. DOUGLAS. No. 98-476Supreme Court of New Hampshire Rockingham Decided March 29, 2001 1. Divorce — Practice and Procedure — Particular Matters Nothing in Superior Court rule pertaining to the filing and sealing of financial affidavits in divorce proceedings supports the proposition that affidavits are exempt […]

784 A.2d 1166 N.A.P.P. REALTY TRUST v. C.C. ENTERPRISES A/K/A C.C. MULTI-MEDIA ENTERPRISES, INC. a. No. 2000-551Supreme Court of New Hampshire Nashua District Court Decided November 1, 2001 1. Landlord and Tenant — Lease Agreement — ConstructionGenerally A lease is a form of contract that is construed in accordance with the standard rules of contract […]

241 A.2d 204 IN RE FARNSWORTH ESTATE. No. 5698.Supreme Court of New Hampshire Rockingham Probate Court.Argued November 8, 1967. Decided April 30, 1968. 1. The established principle that the intent of the testatrix as expressed in her will is to be given effect applies in determining where, and under the laws of what state, the […]

506 A.2d 306 In re ESTATE OF ROLAND U. MORRISSETTE No. 84-337Supreme Court of New Hampshire Grafton County Probate Court Decided February 27, 1986 1. Taxation — Appeals — Nature of Appeals Statute Where both a valuation of property and assessment of tax have been made by the department of revenue administration for purposes of […]

242 A.2d 63 STATE v. RODERICK E. SANTY (MITCHELL). No. 5750.Supreme Court of New Hampshire Grafton.Argued May 7, 1968. Decided May 29, 1968. 1. The provisions of the statute (RSA 584:9)imposing on local enforcement officials the duty to prosecute the offenses of arson and the burning of property (RSA ch. 584) are not exclusive, and […]

876 A.2d 232 PETITION OF THE STATE OF NEW HAMPSHIRE (State v. Fischer). No. 2003-757.Supreme Court of New Hampshire Strafford.Submitted: January 19, 2005. Opinion Issued: May 12, 2005. 1. Remedies — Extraordinary Writs — Certiorari The reasonable period for filing a petition for writ of certiorari should be determined by the appeal period set out […]

821 A.2d 976 THE STATE OF NEW HAMPSHIRE v. MARK NOTT No. 2002-301Supreme Court of New Hampshire Lebanon District CourtSubmitted December 16, 2002 Opinion Issued April 4, 2003 1. Contempt — Generally Contempt is a specific and substantive common law offense that is separate and distinct from the matter in litigation out of which the […]

153 A.2d 791 JOSEPH P. NADEAU v. ROBERT H. IRWIN MOTORS, INC. No. 4740.Supreme Court of New Hampshire Belknap.Argued June 2, 1959. Decided July 10, 1959. 1. Where the plaintiff, inexperienced in automotive mechanics, prior to the purchase of a used automobile noticed a noise in the engine while driving it and received the assurance […]

387 A.2d 342 M. ROY LONDON, JR., EXECUTOR OF THE ESTATE OF M. ROY LONDON v. LIONEL A. PERREAULT a. No. 7827Supreme Court of New Hampshire Merrimack Decided May 31, 1978 1. Verdict — Directed Verdict — Standards A motion for a directed verdict may be granted only when the evidence and all reasonable inferences […]

428 A.2d 1235 JOHN E. ARNOLD a. v. GEORGE B. CHANDLER a. No. 79-221Supreme Court of New Hampshire Hillsborough Decided March 11, 1981 1. Property — Use Restrictions Declaration of land use restrictions recorded in name of corporation which never had title to defendants’ land was not relevant to issues in case where defendants’ adjoining […]

496 A.2d 357 THE STATE OF NEW HAMPSHIRE v. GEORGE DERY No. 84-586Supreme Court of New Hampshire Merrimack Decided July 3, 1985 1. Homicide — Negligent Homicide Implied consent law applies to all offenses arising from driving while intoxicated, including negligent homicide. RSA 265:84 (Supp. 1983), 630:3, II. 2. Words and Phrases — Offense The […]

392 A.2d 151 THE STATE OF NEW HAMPSHIRE v. ROBERT W. BUSSIERE THE STATE OF NEW HAMPSHIRE v. RONALD G. DUPUIS No. 78-089 No. 78-091Supreme Court of New Hampshire Hillsborough Decided September 27, 1978 1. Sexual Assault — Aggravated Felonious Sexual Assault — Fellatio A defendant may be separately indicted for and convicted of proscribed […]

314 A.2d 635 THE VILLAGE HOUSE, INC. v. TOWN OF LOUDON No. 6721Supreme Court of New Hampshire Merrimack Decided January 31, 1974 1. In determining whether a town building code and mobile home ordinances constitute a comprehensive zoning plan that can be enacted only pursuant to RSA 31:60-89 and not pursuant to the grant of […]

785 A.2d 897 THE STATE OF NEW HAMPSHIRE v. DARREN BASHAW No. 2000-206Supreme Court of New Hampshire Belknap Decided November 26, 2001 1. Criminal Law — Defenses — Self-Defense One may provoke with words alone; however, a defendant does not lose the right to use deadly force in self-defense unless he uses words to bring […]

126 A.2d 127 JAMES S. KELLOM, Ex’r v. BLANCHE L. BEVERSTOCK. SAME v. MERLE W. COBLEIGH a. No. 4517.Supreme Court of New Hampshire Cheshire.Argued September 5, 1956. Decided October 2, 1956. Where a will at the time of its execution referred to a writing to be thereafter prepared, and a writing was thus prepared by […]

470 A.2d 849 RANDY WHITE a. v. JUDITH LEE, BARRINGTON TAX COLLECTOR, a. No. 83-076Supreme Court of New Hampshire Strafford Decided October 21, 1983 1. Statutes — Construction and Application — Purpose It is an accepted principle of statutory construction that statutes should be construed so as to effectuate their evident purpose. 2. Taxation — […]

653 A.2d 1113 PETITION OF RICHARD A. ABBOTT (New Hampshire Department of Labor) No. 93-640Supreme Court of New Hampshire Original Decided February 8, 1995 1. Workers’ Compensations — Injuries or Illnesses Compensable — Particular Injuries RSA 281-A:32 expressly excludes soft-tissue spinal injuries which do not result in loss of use of the extremities; the exclusion […]

345 A.2d 401 STATE OF NEW HAMPSHIRE v. PAUL LAVALLEE No. 7178Supreme Court of New Hampshire Hillsborough Decided September 30, 1975 1. The defendant’s motion for his transfer from the State prison to the county house of correction was properly denied for failing to satisfy the statutory requirements that the warden recommend the transfer and […]

391 A.2d 880 CHARLES NANCY, INC. AND NEW HAMPSHIRE INSURANCE COMPANY v. ANDREW F. ZESSIN AND ROBERT M. DUVALL, LABOR COMMISSIONER No. 78-019Supreme Court of New Hampshire Merrimack Decided September 18, 1978 1. Workmen’s Compensation — Appeal and Review — Award of Labor Commissioner Purpose of statute providing for a “full trial” before superior court […]

817 A.2d 288 NEW ENGLAND DRAGWAY, INC. v. M-O-H ENTERPRISES, INC. No. 2001-712Supreme Court of New Hampshire RockinghamArgued November 6, 2002 Opinion Issued February 28, 2003 1. Corporations — Corporate Powers — Takeovers The New Hampshire Security Takeover Disclosure Act satisfies the following two-prong test for testing a statute’s constitutionality under the dormant Commerce Clause: […]

131 A.2d 51 HAROLD I. WILKINSON, Adm’r v. SAMUEL B. ACHBER. No. 4556.Supreme Court of New Hampshire Belknap.Argued February 6, 1957. Decided April 10, 1957. 1. The remedy afforded an employee by the Workmen’s Compensation Law is exclusive if the injury for which the employee seeks to recover is within the statute and the employee […]

406 A.2d 1310 SMITH, BATCHELDER RUGG v. WILLIAM JAY FOSTER, ROBERT GENOVESE AND CHRISTOPHER C. BARRETT No. 79-058Supreme Court of New Hampshire Grafton Decided August 20, 1979 1. Contracts — Agreements Not To Compete — Consideration Covenant not to compete must be supported by consideration and be reasonable with respect to the interests of the […]

509 A.2d 753 PETITION OF WILLIAM L. CHAPMAN No. 86-042Supreme Court of New Hampshire Original Decided May 8, 1986 1. Administrative Law — Exhaustion of Administrative Remedies A party is not required to pursue administrative remedies when to do so would likely be a useless act and result in delays that might make his or […]

809 A.2d 777 CITY OF MANCHESTER v. AIRPARK BUSINESS CENTER CONDOMINIUM UNIT OWNERS’ ASSOCIATION a. No. 2001-558Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictSubmitted July 24, 2002 Opinion Issued October 29, 2002 1. Eminent Domain — Compensation and Damages — Right toCompensation In New Hampshire, the owner of condemned property is entitled to damages based […]

152 A.2d 612 JAMES W. WALKER, JR. v. KATHLEEN M. WALKER VAN DER HAAS. No. 4739.Supreme Court of New Hampshire Rockingham.Argued June 3, 1959. Decided June 30, 1959. 1. Where a divorce nisi was granted to the father in a foreign state where the parties were domiciled and custody of their minor children awarded to […]

650 A.2d 327 THE STATE OF NEW HAMPSHIRE v. GEORGE NAUGHTON No. 93-243Supreme Court of New Hampshire Belknap Decided October 26, 1994 1. Criminal Law — Double Jeopardy — Multiple Punishment Claim of double jeopardy was waived for appeal where defendant did not raise constitutional challenge at trial and defendant’s trial argument only asserted that […]

318 A.2d 152 BARTAGE, INC. v. MANCHESTER HOUSING AUTHORITY No. 6648Supreme Court of New Hampshire Hillsborough Decided March 29, 1974 1. Trial court, in its discretion, properly admitted into evidence experts’ testimony on the value of a hotel taken by condemnation based upon comparable sales, income, and cost approaches. Page 204 2. Absence of evidence […]

618 A.2d 844 AMERICAN AUTOMOBILE ASSOCIATION v. THE STATE OF NEW HAMPSHIRE a. No. 91-466Supreme Court of New Hampshire Merrimack Decided December 31, 1992 1. Motor Vehicles — Registration — Certificate of Title Plain meaning of motor vehicle certificates of title and registration statute supported view that State motor vehicle certificate of title fees Page […]

106 A.2d 383 ROBERT E. LINCOLN a. v. JAMES M. LANGLEY a. No. 4318.Supreme Court of New Hampshire Merrimack.Argued June 1, 1954. Decided July 1, 1954. Where no findings appear which render an order of the Trial Court improper all required findings necessary to justify it are impliedly found. In an action of libel for […]

761 A.2d 506 PETITION OF JAMES MELLO Original No. 98-698Supreme Court of New Hampshire Decided November 2, 2000 1. Criminal Law — Double Jeopardy — Nature and Purpose Double jeopardy clause of New Hampshire Constitution prohibits State from placing a criminal defendant in jeopardy more than once for the same offense, thereby preserving defendant’s valued […]

652 A.2d 1202 PETITION OF CITY CAB OF MANCHESTER, INC. d/b/a TOWN COUNTRY TAXI (New Hampshire Department of Labor) No. 93-144Supreme Court of New Hampshire Original Decided December 19, 1994 1. Appeal and Error — Standards of Review — Particular Cases In a writ of certiorari, the court will overturn the decision of the department […]

10 A.3d 1193 ROBERT P. HULL a. v. GRAFTON COUNTY a. No. 2009-527.Supreme Court of New Hampshire. Grafton.Argued: March 24, 2010. Opinion Issued: October 19, 2010. 1. Public Employees — Compensation —Construction of Statutes Nothing in the plain language of the statute governing compensation for elected county officers indicates a legislative intent that defective notice […]

152 A.2d 870 OPINION OF THE JUSTICES. No. 4757.Supreme Court of New Hampshire Request of Governor and Council.Submitted June 16, 1959. Answer returned June 30, 1959. 1. Since the Governor is constituted the “supreme executive magistrate” (Const., Pt. II, Art. 41) and the Governor and Council authorized to order and direct the affairs of the […]

301 A.2d 90 WILLIAM N. SMITH a. v. HAROLD R. NUTTER a. AND TOWN OF SALEM a. No. 6294Supreme Court of New Hampshire Rockingham Decided February 28, 1973 1. An order of remand by the superior court to a zoning board of adjustment of the question whether construction of a trailer park by defendants was […]

314 A.2d 652 TOWN OF MOULTONBORO v. DONALD E. CRUMB a. No. 6523Supreme Court of New Hampshire Carroll Decided January 31, 1974 1. State’s transfer to a town of land the State had acquired by eminent domain for a public park did not affect the public character of the park, for the State granted ownership […]

876 A.2d 176 THE STATE OF NEW HAMPSHIRE v. BRANDON YATES. No. 2004-283.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: April 5, 2005. Opinion Issued: May 23, 2005. 1. Evidence — Relevance — Particular Cases The trial court’s decision to allow the State to play a 911 tape to the jury which presented not only […]

259 A.2d 131 ORPHISE BELISLE a. v. COLEBROOK WATER COMPANY. No. 5925.Supreme Court of New Hampshire Coos. Decided November 28, 1969. 1. Where a Judicial Referee recommended a decree of dissolution of a corporation and that plaintiff stockholders be awarded the fair value of their stock, after appraisal, and such a decree was entered by […]

244 A.2d 64 AETNA INSURANCE COMPANY v. STATE MOTORS, INC. a. No. 5693.Supreme Court of New Hampshire Hillsborough.Argued April 3, 1968. Decided July 17, 1968. 1. A garage liability policy providing coverage for damages including damages for loss of use because of physical injury to or destruction of tangible property caused by accident arising out […]

73 A.2d 115 GEDEON BOLDUC v. MARCALUS MANUFACTURING CO. a. No. 3912.Supreme Court of New Hampshire Coos. Decided May 2, 1950. An arthritic condition which is reactivated as the result of an accidental injury arising out of and in the course of a workman’s employment causing partial disability is compensable under the Workman’s Compensation Act […]

355 A.2d 431 RENE W. TREMBLAY v. TOWN OF HUDSON No. 7278Supreme Court of New Hampshire Hillsborough Decided March 31, 1976 1. Administrative remedies do not have to be exhausted if the issue in an appeal from a zoning board’s denial of a petition for a variance is whether the zoning ordinance is valid or […]

382 A.2d 365 ROLAND LESSARD v. CITY OF MANCHESTER FIRE DEPARTMENT a. No. 7851Supreme Court of New Hampshire Hillsborough Decided January 23, 1978 1. Workmen’s Compensation — Partial Disability — Recovery for Where fireman, who received back injuries when he fell from fire truck, had received compensation from insurance company for partial disability for total […]

140 A.2d 92 Chester H. Cyr v. George Sanborn. No. 4616.Supreme Court of New Hampshire Merrimack.Argued March 4, 1958. Decided March 20, 1958. 1. The jury was properly instructed that the defendant, who filed a special plea and counterclaim to a negligence action, violated the turning signal statute (RSA 263:34-36) where the evidence established that […]

394 A.2d 59 ROSAIRE J. DUCHESNAYE v. CHARLES SILVA a. No. 78-112Supreme Court of New Hampshire Coos Decided October 30, 1978 1. Boundaries — Deeds — Property Bounded by Street A conveyance of property bounded by a street or highway normally conveys title to the center of the boundary street, unless clearly contrary language appears […]

341 A.2d 782 SAM J. TRAFICANTE a. v. DAVID A. POPE a. No. 6969Supreme Court of New Hampshire Rockingham Decided June 30, 1975 1. Promises imposing restrictions on the use of land may be enforced at law and in equity between the original parties and their successors depending on the nature of the promise itself […]

662 A.2d 944 THE STATE OF NEW HAMPSHIRE v. GARY CHAGNON No. 93-108Supreme Court of New Hampshire Merrimack Decided June 30, 1995 1. Discovery — Production of Documents or Objects — Work Product At its core, the work product doctrine shelters the mental processes of the attorney, providing a privileged area within which he can […]

209 A.2d 733 DOMENICO POMPONIO v. STATE a. No. 5321.Supreme Court of New Hampshire Cheshire.Argued March 3, 1965. Decided April 30, 1965. 1. All rights of applicants arising under the Unemployment Compensation act (RSA ch. 282) are entirely statutory and certain constitutional provisions such as the right to trial by jury (Const., Pt. I, Art. […]

788 A.2d 248 THE STATE OF NEW HAMPSHIRE v. ALEXANDER R. COLE No. 2000-025Supreme Court of New Hampshire Grafton Decided December 27, 2001 Criminal Law — Judgment and Sentence — Term of Sentence In statute providing for an extended sentence “if the court also finds” certain attendant circumstances, the word “also” refers to the mandatory […]