Category: New Hampshire Court Opinions

592 A.2d 1154 PETER ESTABROOKS AND ESTHER ESTABROOKS v. TOWN OF JEFFERSON No. 90-484Supreme Court of New Hampshire Coos Decided June 12, 1991 1. Pleading — Form and Requisites — Generally Ultimately, the test of the validity of a form of procedure is whether or not it is what justice and convenience require. 2. Zoning […]

609 A.2d 749 THE STATE OF NEW HAMPSHIRE v. KENNETH PETERSON No. 91-351Supreme Court of New Hampshire Rockingham Decided June 30, 1992 1. Appeal and Error — Dismissal on Appeal — Moot Questions Issue brought in notice of appeal, whether warden has discretionary authority to refuse to allow an inmate, who has served his minimum […]

551 A.2d 973 THE STATE OF NEW HAMPSHIRE v. RICHARD A. KING No. 87-136Supreme Court of New Hampshire Strafford Decided December 9, 1988 1. Appeal and Error — Interlocutory Appeal Interlocutory transfer to supreme court, without ruling on defendant’s motion to prohibit second trial, was proper where criminal defendant otherwise would be subject to a […]

101 A.2d 471 MARION E. FRAME v. IRA A. BROWN a. No. 4261.Supreme Court of New Hampshire Rockingham.Argued December 2, 1953. Decided December 21, 1953. Trustee process does not lie against a county for the salary of a county commissioner. ACTION, on a domestic judgment by the plaintiff Marion E. Frame against the principal defendant […]

333 A.2d 442 CAMBRIDGE TRUST COMPANY v. P. GERARD CARNEY AND A. E. CARNEY a.k.a. ANN E. CARNEY d.b.a. P. GERARD CARNEY COMPANY No. 7057Supreme Court of New Hampshire Hillsborough Decided February 28, 1975 1. A cosignatory cannot be held liable for payment of an amount beyond the balance of a joint checking account for […]

645 A.2d 661 THE STATE OF NEW HAMPSHIRE v. RAUL MARCANO No. 92-419Supreme Court of New Hampshire Belknap Decided July 11, 1994 1. Criminal Law — Right to Fair Trial — Generally Potential for prejudice is overwhelming where evidence of a co-conspirator’s conviction is admitted for substantive purposes; jury may abdicate its duty and regard […]

106 A.2d 187 ESTHER T. BENJAMIN v. GERALD BENJAMIN. No. 4300.Supreme Court of New Hampshire Grafton.Submitted June 3, 1954. Decided June 23, 1954. The mere resumption of marital relations does not annul or modify an original order of custody and support of a minor child made under the provisions of the statute (R. L., c. […]

447 A.2d 1284 THE STATE OF NEW HAMPSHIRE v. JOHN A. SETTLE, JR. THE STATE OF NEW HAMPSHIRE v. THOMAS E. DURLING No. 81-007 No. 81-009Supreme Court of New Hampshire Cheshire Decided March 10, 1982 1. Constitutional Law — Judicial Power and Duties — Generally The supreme court has historically viewed the rights of people […]

24 A.2d 274 NORMAN DAVENPORT v. WHITE MOUNTAIN POWER COMPANY. No. 3294.Supreme Court of New Hampshire Merrimack. Decided January 6, 1942. Action by the owner of a burned mill against an electrical utility for negligence in the maintenance of its transmission lines, whereby a birch tree falling upon the defendant’s wires caused a circuit to […]

76 A.2d 791 ALPHONSE MORENCY v. AUGUSTE PLOURDE. ALBINA MORENCY v. SAME. No. 3938.Supreme Court of New Hampshire Hillsborough. Decided November 17, 1950. Where damages in an equitable proceeding are neither sought not granted, injunctive relief in such proceeding is no bar to law actions for damages resulting from the wrong enjoined. A declaration failing […]

283 A.2d 681 LUTHER COLEMAN v. TOWN OF HOOKSETT a. No. 6127.Supreme Court of New Hampshire Merrimack. Decided November 2, 1971. 1. The statutory requirements that a notice of the proposed sale of real estate for nonpayment of taxes shall describe the property as recorded in the selectmen’s blotter book and shall be sent by […]

293 A.2d 592 TAU CHAPTER OF ALPHA XI DELTA FRATERNITY v. TOWN OF DURHAM. No. 6370.Supreme Court of New Hampshire Strafford. Decided June 30, 1972. 1. Costs are recoverable from the State or its political subdivisions only if a statute expressly or impliedly authorizes such a recovery. 2. The history, phrasing, and circumstances of RSA […]

98 A.2d 356 IRMA KING v. SAMUEL KNIZNICK d/b/a IMPERIAL DYE HOUSE COMPANY a. No. 4202.Supreme Court of New Hampshire Hillsborough. Decided July 1, 1953. Lump sum settlements under the Workmen’s Compensation Law (Laws 1947, c. 266, s. 31) entered into by agreement of the parties with the approval of the Labor Commissioner are not […]

549 A.2d 1210 In re NOAH W. AND GABRIEL W. No. 87-303Supreme Court of New Hampshire Hillsborough County Probate Court Decided October 31, 1988 Parent and Child — Parental Rights — Termination A finding of sexual abuse by a district court under the Child Protection Act is a jurisdictional prerequisite to a probate court’s order […]

661 A.2d 768 RONALD AND DONNA OLSZAK v. TOWN OF NEW HAMPTON No. 94-007Supreme Court of New Hampshire Belknap Decided July 11, 1995 1. Zoning and Planning — Ordinances — Variance Plaintiffs would need a variance in order to erect a bridge on their property where although plaintiffs contended that, at most, a special exception […]

289 A.2d 650 EDWARD J. ROY a. v. WATER SUPPLY AND POLLUTION CONTROL COMMISSION. No. 6192.Supreme Court of New Hampshire Original. Decided March 31, 1972. 1. The issues whether the Water Supply and Pollution Control Commission had authority to approve or disapprove a city’s application for the extension of a sewer line and what general […]

381 A.2d 745 NEW ENGLAND HOUSEHOLD MOVING STORAGE, INC. v. PUBLIC UTILITIES COMMISSION THE STATE OF NEW HAMPSHIRE No. 7781Supreme Court of New Hampshire Public Utilities Commission Decided December 30, 1977 1. Carriers — Carrier of Household Goods — Certificate to Operate Statute stating that procedure for rehearings and appeals from public utilities commission should […]

846 A.2d 526 THE STATE OF NEW HAMPSHIRE v. ALLEN BELTON. No. 2003-002.Supreme Court of New Hampshire RockinghamArgued: February 4, 2004. Opinion Issued: April 19, 2004. 1. Evidence — Real Evidence — DNA Tests If DNA results presented to the jury were based on the analysis of a known mixed sample, the State would be […]

404 A.2d 290 THE STATE OF NEW HAMPSHIRE v. STEVEN C. NOEL No. 78-233Supreme Court of New Hampshire Merrimack Decided July 11, 1979 1. Constitutional Law — Miranda Warning — Waiver Before the State can introduce a defendant’s statement into evidence, it must prove beyond a reasonable doubt that defendant understood his Miranda rights; for […]

876 A.2d 188 ACG CREDIT COMPANY, LLC v. MELANIE GILL a. No. 2004-525.Supreme Court of New Hampshire Rockingham.Argued: April 5, 2005. Opinion Issued: May 23, 2005. 1. Attachment and Garnishment — Attachment Proceedings — Trustee Process The trustee defendant by its appearance, and its asserted interest in the goods in question, has standing to object […]

70 A.2d 210, 71 A.2d 408 AMOSKEAG TRUST COMPANY, Ex’r and Tr. v. ALICE G. HASKELL a. No. 3859.Supreme Court of New Hampshire Hillsborough Probate Court. Decided January 3, 1950. The testator’s intent is the sovereign guide in the interpretation of a will and that intention is determined by competent evidence and not by rules […]

366 A.2d 476 KEARSARGE COMPUTER, INC. v. ACME STAPLE COMPANY, INC. No. 7435Supreme Court of New Hampshire Merrimack Decided November 30, 1976 1. Ordinarily, answers to interrogatories do not limit the answering party’s proof at trial. 2. The purpose of interrogatories is to narrow the issues of the litigation and prevent unfair surprise by making […]

610 A.2d 357 ANDREW GAMBLE a. v. THE UNIVERSITY SYSTEM OF NEW HAMPSHIRE a. No. 91-271Supreme Court of New Hampshire Strafford Decided July 15, 1992 1. Contracts — Formation — Mutual Obligation Relationship between a university and its students is distinctive; and a strict doctrinal approach concerning contract issues is inappropriate. 2. Contracts — Construction […]

278 A.2d 477 MOBIL OIL CORPORATION v. JOHN A. DURKIN, INSURANCE COMMISSIONER. No. 6099.Supreme Court of New Hampshire Merrimack. Decided June 1, 1971. 1. The requirement of RSA 406-B:12 that an insured shall report to the Insurance Commissioner its transactions with unauthorized insurers upon an insurance subject in, or to be performed in, the State […]

269 A.2d 863 EMERY PAQUIN v. ROBERT L. COTE a. No. 5984.Supreme Court of New Hampshire Hillsborough. Decided October 1, 1970. 1. A plaintiff has no standing to claim a right of way over a street discharged from public servitude (RSA 238:7) where, by conveying land bounded by the street, he has divested himself of […]

529 A.2d 875 JASWELL DRILL CORPORATION v. GENERAL MOTORS CORPORATION No. 86-014Supreme Court of New Hampshire Merrimack Decided May 28, 1987 1. Statutes — Construction and Application — Construction as a Whole The meaning of a statute is to be determined from its construction as a whole and not by construction of isolated words and […]

448 A.2d 402 DOWNTOWN ATHLETIC CLUB, INC. v. G. ARTHUR BROWN No. 81-346Supreme Court of New Hampshire Merrimack Decided July 7, 1982 1. Appeal and Error — Transcript — Absence Absent a transcript of the evidence before the master, the supreme court will affirm his findings and conclusions unless patently unlawful. 2. Corporations — Dissolution […]

768 A.2d 1046 THE STATE OF NEW HAMPSHIRE v. LON COOPER No. 99-472Supreme Court of New Hampshire Merrimack March 16, 2001 1. Criminal Law — Judgment and Sentence — Suspension ofSentence In accordance with the holding in State v. Budgett, 146 N.H. 135 (2001), that good behavior is defined as conduct conforming to the law, […]

406 A.2d 300 VINCENT CORSO, LOLITA CORSO, a. v. STEPHEN E. MERRILL, ADMINISTRATOR, ESTATE OF STRELLA HILTON No. 78-271Supreme Court of New Hampshire Rockingham Decided August 20, 1979 1. Negligence — Foreseeability Key to applying a traditional negligence approach is the doctrine of foreseeability whereby duty and foreseeability are inextricably bound together and the risk […]

481 A.2d 823 THE STATE OF NEW HAMPSHIRE v. RENE L. COOK No. 83-185Supreme Court of New Hampshire Merrimack Decided August 27, 1984 1. Motor Vehicles — Habitual Offender Proceedings — Use of Uncounselled Conviction The scope of the guarantee of counsel does not extend, and the concept of due process may not be construed, […]

531 A.2d 331 ALAN A. HOWARD v. FAY E. HOWARD No. 86-252Supreme Court of New Hampshire Merrimack Decided August 17, 1987 1. Trial — Findings — Requests Although a superior court justice sitting without a jury is generally under no obligation to make findings and rulings in support of a decree unless a party asks […]

399 A.2d 970 MANCHESTER GAS COMPANY v. GRIFFIN CONSTRUCTION COMPANY, INC. AND CITY OF MANCHESTER No. 78-216Supreme Court of New Hampshire Hillsborough Decided March 23, 1979 1. Municipal Corporations — Municipal Liability — Construction Projects In an action in assumpsit to recover money alleged to be due gas company for services rendered in temporarily relocating […]

177 A.2d 401 STATE v. ARTHUR E. PICKARD, JR. No. 4954.Supreme Court of New Hampshire Cheshire.Argued November 7, 1961. Decided January 29, 1962. 1. Evidence in support of an indictment for attempted incest is not required to be considered independently of an extra-judicial confession in order to establish the corpus delicti. 2. Where a confession […]

671 A.2d 545 THE STATE OF NEW HAMPSHIRE v. DAVID GUENZEL No. 95-119Supreme Court of New Hampshire Hillsborough-northern judicial district Decided February 15, 1996 1. Criminal Law — Double Jeopardy — Evidence To the extent that a civil sanction cannot fairly be characterized as serving a remedial purpose, but rather can only be explained as […]

196 A.2d 60 DORIS V. COUTURE v. NORMAN LEWIS. No. 5165.Supreme Court of New Hampshire Strafford.Argued November 5, 1963. Decided December 30, 1963. 1. In an action for personal injuries sustained from a collision between oppositely approaching motor vehicles the refusal to submit the last clear chance doctrine to the jury was not error where […]

20 A.3d 890 B.V. BROOKS a. v. TRUSTEES OF DARTMOUTH COLLEGE. No. 2010-179.Supreme Court of New Hampshire. Grafton.Argued: February 10, 2011. Opinion Issued: April 12, 2011. 1. Judgments — Res Judicata — RequisitesGenerally Res judicata precludes the litigation in a later case of matters actually decided, and matters that could have been litigated, in an […]

374 A.2d 945 MERCHANTS MUTUAL INSURANCE COMPANY v. CITY OF CONCORD SAME v. COUNTY OF MERRIMACK No. 7479Supreme Court of New Hampshire Merrimack Decided June 7, 1977 1. Insurance — Liability for Damage or Injury — Exclusions Both alleged negligence of city in failing to seek medical and psychiatric assistance for prisoner who later committed […]

133 A.2d 485 CHARLES S. WINN a. v. JOHN W. JORDAN a. NEW HAMPSHIRE PERSONNEL COMMISSION. No. 4552.Supreme Court of New Hampshire Personnel Commission.Argued April 2, 1957. Decided June 20, 1957. 1. Where no appeal is “authorized by law” (RSA 541:2) from the decision of the State Personnel Commission a petition in the nature of […]

531 A.2d 319 MARILYN A. DIONNE v. RONALD L. DIONNE No. 85-516Supreme Court of New Hampshire Hillsborough Decided August 11, 1987 1. Divorce — Property Settlement — Discretion of Court The trial court has broad discretion in matters of property distribution in a divorce action, and its decision will be upheld unless an abuse of […]

690 A.2d 566 NEW HAMPSHIRE DIVISION OF HUMAN SERVICES v. RALPH R. ALLARD a. No. 95-664Supreme Court of New Hampshire Merrimack Decided March 17, 1997 1. Social Security and Welfare — Medical Care — Reimbursement to Medical Providers The evidence, taken as a whole, established a limited partnership’s initial and continued intent, even after the […]

392 A.2d 145 ROYER FOUNDRY MACHINE COMPANY v. NEW HAMPSHIRE GREY IRON, INC. No. 78-070Supreme Court of New Hampshire Rockingham Decided September 27, 1978 1. Pleading — Motion To Dismiss — Inferences On a motion to dismiss, plaintiff’s allegations of fact and the reasonable inferences therefrom are assumed to be true and are construed most […]

403 A.2d 421 CITY OF ROCHESTER AND INSURANCE COMPANY OF NORTH AMERICA v. WILLIAM SMITH No. 78-226Supreme Court of New Hampshire Strafford Decided June 27, 1979 1. Workmen’s Compensation — Appeal and Review — De Novo Hearing When superior court undertakes de novo review in workmen’s compensation cases, it substitutes its judgment for that of […]

41 A.2d 609 VINCENT GATTO v. ADELARD N. CLOUTIER a. No. 3516.Supreme Court of New Hampshire Hillsborough. Decided March 6, 1945. Where it is a matter of conjecture whether compliance with a statutory provision (R. L., c. 106, s. 5) requiring lights to be displayed on all vehicles would enable the plaintiff to see the […]

283 A.2d 683 GERARD BIRON v. TOWN OF NEW IPSWICH. No. 6204.Supreme Court of New Hampshire Hillsborough, ss. Decided November 2, 1971. 1. Lacking express or implied statutory or ordinance authority, the selectmen of the defendant were held to have had no authority to deny a permit to the plaintiff to place a mobile home […]

372 A.2d 1305 SCOTT WILLIAMS, INC. v. BOARD OF TAXATION No. 7323Supreme Court of New Hampshire Belknap Decided March 31, 1977 1. Taxation — Business Profits Tax — Validity Sales factor provided for by business profits tax “sales throwback rule” setting forth the income apportionment formula for business organizations doing business in this state and […]

580 A.2d 702 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE a. v. TOWN OF SEABROOK No. 89-040Supreme Court of New Hampshire Rockingham Decided July 13, 1990 1. Trial — Stipulations — Nature Stipulated agreement is contractual in nature and therefore is governed by contract rules; one such rule states that a clause is ambiguous when contracting […]

400 A.2d 1172 THE STATE OF NEW HAMPSHIRE v. PATRICK FLEMING No. 78-245Supreme Court of New Hampshire Merrimack District Court Decided April 13, 1979 1. Evidence — Past Offenses — Admissibility Evidence of a prior offense may be admissible when introduced as an element in the crime. 2. Evidence — Past Offenses — Issue of […]

493 A.2d 1182 OPINION OF THE JUSTICES. No. 85-141.Supreme Court of New Hampshire Request of House of Representatives. Decided May 24, 1985. 1. Constitutional Law — New Hampshire Constitution — Legal Remedies Purpose of article of New Hampshire Constitution entitling every subject of the State to a complete legal remedy for injuries is to make […]

386 A.2d 1266 RICHARD BELLAK v. FRANCONIA COLLEGE DAVID ACKLEY v. FRANCONIA COLLEGE No. 7814 No. 7971Supreme Court of New Hampshire Grafton Decided May 9, 1978 1. Contracts — Construction — Intent Fundamental rule of interpretation of a contract is that the contract should receive that interpretation which will best effectuate intention of parties when […]

183 A.2d 237 NEW ENGLAND TELEPHONE TELEGRAPH COMPANY v. STATE No. 5028.Supreme Court of New Hampshire Public Utilities Commission.Argued April 10, 1962. Decided July 16, 1962. 1. While the cost of capital to a utility marks the minimum rate of return to which the utility is lawfully entitled, just and reasonable rates may be fixed […]

451 A.2d 1321 APPEAL OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE (New Hampshire Board of Taxation) No. 81-234Supreme Court of New Hampshire Board of Taxation Decided October 15, 1982 1. Statutes — Construction and Application — Generally A statute is to be construed to avoid a conflict with constitutional rights whenever reasonably possible. 2. Statutes […]

531 A.2d 345 TOWN OF EPPING v. DANIEL HARVEY No. 86-401Supreme Court of New Hampshire Rockingham Decided August 19, 1987 1. Contempt — Common Law Contempt is a specific and substantive offense at common law distinct from the matter under investigation when it is committed; it belongs to the court before which it is committed […]

573 A.2d 128 MARIE ROSE PRESTON v. LORRAINE PRESTON MERCIERI No. 89-186Supreme Court of New Hampshire Strafford Decided April 11, 1990 1. Parent and Child — Parental Rights — Constitutional Rights In New Hampshire, the rights of parents over the family are considered natural, essential, and inherent rights within the meaning of the New Hampshire […]

266 A.2d 846 BENEVOLENT PROTECTIVE ORDER OF ELKS LODGE #97 v. HANOVER INSURANCE COMPANY. No. 5963.Supreme Court of New Hampshire Rockingham. Decided June 30, 1970. 1. Common-law principles of negligence were not abrogated by the repeal, in 1934, of the civil damage statute which had changed the common-law rule by imposing strict liability, without negligence, […]