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 […]
Category: New Hampshire Court Opinions
AYER v. WEEKS, 65 N.H. 248 (1889)
18 A. 1108 AYER CO., Apt’s, v. WEEKS. Supreme Court of New Hampshire Strafford. Decided December, 1889. For jurisdictional purposes, a legal domicile once existing continues until another is acquired elsewhere. Domicile or residence to give jurisdiction to the probate court in insolvency proceedings is not lost by departure from the state until another is […]
COLEMAN v. HOOKSETT, 111 N.H. 337 (1971)
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 […]
TAU CHAPTER v. DURHAM, 112 N.H. 233 (1972)
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 […]
WALLACE v. INVESTMENT CO., 68 N.H. 188 (1894)
44 A. 175 WALLACE a. v. GLASGOW INVESTMENT CO. Tr., LETCHER, Claimant. Supreme Court of New Hampshire Strafford. Decided December, 1894. In the absence of fraud, an attaching creditor has no greater right against the trustee than the defendant would have in an action against him. If insurance upon property conveyed in trust to secure […]
KING v. KNIZNICK, 98 N.H. 247 (1953)
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 […]
IN RE NOAH W., 131 N.H. 53 (1988)
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 […]
OLSZAK v. TOWN OF NEW HAMPTON, 139 N.H. 723 (1995)
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 […]
ROY v. WATER SUPPLY COMM’N, 112 N.H. 87 (1972)
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 […]
PARKER v. NEW BOSTON, 79 N.H. 54 (1918)
104 A. 345 HENRY E. PARKER v. NEW BOSTON. Supreme Court of New Hampshire Hillsborough. Decided June 29, 1918. An exception to the admission of a photograph in evidence on the ground that it does not show the conditions existing at the time of an accident presents no question of law. A road supported by […]
MILWAUKEE INS. CO. v. MORRILL, 100 N.H. 239 (1956)
123 A.2d 163 MILWAUKEE INSURANCE COMPANY v. EUGENE A. MORRILL a. No. 4492.Supreme Court of New Hampshire Merrimack.Argued May 1, 1956. Decided May 31, 1956. Under the statutory motor vehicle policy endorsement (RSA ch. 268) the rights of third persons, injured as the result of the insured’s operation of a motor vehicle, become absolute upon […]
BIGWOOD v. MERRIMACK VILLAGE DISTRICT, 108 N.H. 83 (1967)
229 A.2d 341 JAMES BIGWOOD a. v. MERRIMACK VILLAGE DISTRICT a. RICHARD M. DeNICOLA v. MERRIMACK VILLAGE DISTRICT a. No. 5560, 5564.Supreme Court of New Hampshire Hillsborough.Argued December 7, 1966. Decided March 29, 1967. 1. An exception to the denial of a motion to set aside a decree as “against the law, the evidence, and […]
MOORE v. CASUALTY CO., 73 N.H. 518 (1906)
63 A. 490 MOORE v. MARYLAND CASUALTY CO. a. Supreme Court of New Hampshire Cheshire. Decided March 6, 1906. Where a judgment rendered in an action for personal injuries is uncollectable by reason of the defendant’s insolvency, the plaintiff cannot maintain a bill in equity against an insurance company to compel the payment to him […]
STATE v. FENNELLY, 123 N.H. 378 (1983)
461 A.2d 1090 THE STATE OF NEW HAMPSHIRE v. ROBERT FENNELLY No. 81-229Supreme Court of New Hampshire Strafford Decided June 9, 1983 1. Judges — Disqualification — Per Se Rule of Disqualification A per se rule of disqualification due to the probability of unfairness applies when the trier of fact has pecuniary interests in the […]
STATE v. ELLISON, 135 N.H. 1 (1991)
599 A.2d 477 THE STATE OF NEW HAMPSHIRE v. ANDREW ELLISON, JR. No. 90-287Supreme Court of New Hampshire Rockingham Decided November 7, 1991 1. Evidence — Past Offenses — Issue of Prejudice Prejudice to a criminal defendant is inherent in evidence of other, similar crimes committed by the defendant. 2. Trial — Mistrial — Prejudice […]
BENTON v. BARNET, 59 N.H. 249 (1879)
BENTON v. BARNET. Supreme Court of New Hampshire Coos. Decided June, 1879. When notes secured by a mortgage are held by different persons, if each holder brings a foreclosure suit the actions may be consolidated, and the holders may have separate judgments. Page 250 WRIT OF ENTRY, to foreclose a mortgage. Facts found by the […]
IN RE FRYEBURG WATER CO., 79 N.H. 123 (1919)
106 A. 225 In Re FRYEBURG WATER COMPANY. Supreme Court of New Hampshire Decided January 7, 1919. The courts of one state have no visitorial power over corporations of another state and no jurisdiction to determine questions relating to their internal affairs. The public service commission has no jurisdiction to approve or disapprove the issuance […]
STONE v. TOWNE, 67 N.H. 113 (1891)
29 A. 637 STONE v. TOWNE a. Supreme Court of New Hampshire Merrimack. Decided December, 1891. When no apportionment is made or authorized by a school-district in the distribution of the salary among the members of the board of education, it is to be divided equally, without reference to the amount of service or the […]
WILKO OF NASHUA, INC. v. TAP REALTY, INC., 117 N.H. 843 (1977)
379 A.2d 798 WILKO OF NASHUA, INC. a. v. TAP REALTY, INC. STAR MARKET CO., INC. AND STAR MARKET CO., DIVISION OF JEWEL COMPANIES, INC. No. 7610Supreme Court of New Hampshire Hillsborough Decided October 31, 1977 1. Contracts — Construction — General Introductory Language Although general terms of contract may be limited by words that […]
OLSON v. LITCHFIELD, 112 N.H. 261 (1972)
296 A.2d 470 LAWRENCE E. OLSON, SR. v. TOWN OF LITCHFIELD a. No. 6263.Supreme Court of New Hampshire Hillsborough. Decided July 24, 1972. 1. The case of Calawa v. Litchfield infra determined the issue in this case. 2. Declaratory judgment procedure is a proper and accepted method for attacking the validity of a zoning ordinance, […]
YOUNG v. KIMBALL, 59 N.H. 446 (1879)
YOUNG v. KIMBALL. Supreme Court of New Hampshire Sullivan. Decided December, 1879. In trover, brought by a mortgagee of a chattel against one who took it from the plaintiff’s possession, it is no defence that before the mortgage was made the mortgagor had orally promised to send the chattel to the defendant to be held […]
HANSON v. MANNING, 115 N.H. 367 (1975)
341 A.2d 764 MARIE HANSON a. v. BERNARD MANNING a. No. 7071Supreme Court of New Hampshire Rockingham Decided June 30, 1975 1. The scope of review in zoning cases is limited. 2. All findings of a zoning board are deemed prima facie lawful and reasonable and are not set aside except for errors of law, […]
TUTTLE v. DODGE, 80 N.H. 304 (1922)
116 A. 627 HERBERT L. TUTTLE v. ALBERT E. DODGE a. Supreme Court of New Hampshire Hillsborough. Decided February 7, 1922. Upon certain evidence as to the manner in which a servant customarily and with his master’s authorization conducted the business of delivering goods with a commercial truck and of concurrently transporting himself thereby to […]
ESTABROOKS v. TOWN OF JEFFERSON, 134 N.H. 367 (1991)
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 […]
DICKINSON v. FARWELL, 71 N.H. 213 (1902)
51 A. 624 DICKINSON v. FARWELL. Supreme Court of New Hampshire Sullivan. Decided January 7, 1902. A non-resident is privileged from arrest upon civil process while in attendance as a witness before a referee in an action pending in a court of this state. The giving of bail by a non-resident witness held in custody […]
BARTON v. ASSOCIATION, 63 N.H. 535 (1885)
3 A. 627 SARAH A. BARTON v. PROVIDENT MUTUAL RELIEF ASSOCIATION. JAMES W. BARTON AND BETSEY T. BARTON v. SAME. Supreme Court of New Hampshire Merrimack. Decided December, 1885. Where the by-laws of a mutual benefit association, in the nature of a life insurance company, provide that upon the death of a member the benefit […]
GOODWIN v. CONCORD, 79 N.H. 401 (1920)
111 A. 304 HOBART A. GOODWIN v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided April 6, 1920. In an action upon the statute of highways (Laws 1893, c. 59, s. 1) for injuries received from a defective culvert, the defendant is negligent if the culvert is such as the ordinary man would not maintain […]
PALMER v. THE STATE, 65 N.H. 221 (1889)
19 A. 1003 PALMER v. THE STATE. Supreme Court of New Hampshire Rockingham. Decided December, 1889. It is no ground for a new trial in a capital case that the jury, while the trial was going on, in taking a ride for exercise by permission of the court under the charge of officers, were driven […]
GAMBLE v. UNIVERSITY OF NEW HAMPSHIRE, 136 N.H. 9 (1992)
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 […]
OPINION OF THE JUSTICES, 89 N.H. 563 (1938)
198 A. 249 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided March 17, 1938. Under Laws 1933, c. 142, the provision that “any person of the age of twenty-one years who shall have had his domicile in any town . . . for five consecutive years shall thereby gain a settlement in such […]
DREW v. BOW, 74 N.H. 147 (1907)
65 A. 831 DREW v. BOW. Supreme Court of New Hampshire Merrimack. Decided February 5, 1907. A town is not liable for injuries caused by ice which has accumulated in the traveled part of a road by reason of a defective gutter at the side of the highway. PETITION, under section 8, chapter 76, Public […]
MOBIL OIL CORP. v. DURKIN, 111 N.H. 178 (1971)
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 […]
BUSWELL v. BABBITT, 65 N.H. 168 (1889)
18 A. 748 BUSWELL, Adm’r, v. BABBITT Trustee. Supreme Court of New Hampshire Merrimack. Decided June, 1889. An action is pending after the estate of the defendant has been attached on the writ. MOTION to dismiss the action for want of service on the defendant. January 22, 1889, the defendant’s estate was attached on the […]
PAQUIN v. COTE, 110 N.H. 404 (1970)
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 […]
JASWELL DRILL CORP. v. GENERAL MOTORS CORP., 129 N.H. 341 (1987)
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 […]
DOWNTOWN ATHLETIC CLUB, INC. v. BROWN, 122 N.H. 633 (1982)
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 […]
HURLEY v. ASSOCIATION, 88 N.H. 469 (1937)
191 A. 649 LOUISE HURLEY v. NASHUA HOSPITAL ASSOCIATION. JOSEPH HURLEY v. SAME. Supreme Court of New Hampshire Hillsborough. Decided April 6, 1937. A plaintiff is bound by his own positive and circumstantial testimony of an occurrence. In an action by a patient against a hospital association for damages alleged to have been incurred by […]
STATE v. COOPER, 146 N.H. 140 (2001)
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, […]
CORSO v. MERRILL, 119 N.H. 647 (1979)
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 […]
STATE v. COOK, 125 N.H. 452 (1984)
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, […]
HOWARD v. HOWARD, 129 N.H. 657 (1987)
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 […]
GAGE v. BARNES, 64 N.H. 613 (1886)
9 A. 545 GAGE v. BARNES. Supreme Court of New Hampshire Merrimack. Decided December, 1886. CASE, for diverting the water of Pond brook from the plaintiff’s mill, against the provisions of a deed from the defendant to the plaintiff. Report of a referee for the plaintiff. Albin Martin, for the plaintiff. C. P. Sanborn, for […]
MANCHESTER GAS CO. v. GRIFFIN CONSTR. CO., 119 N.H. 179 (1979)
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 […]
STATE v. DURGIN, 158 N.H. 51 (2008)
THE STATE OF NEW HAMPSHIRE v. GLADYS DURGIN. No. 2008-033.Supreme Court of New Hampshire. Franklin District Court.Argued: October 15, 2008. Opinion Issued: November 6, 2008. 1. Offenses — Particular Crimes — Obstruction of Justice Federal courts interpreting the federal harboring and concealing statute have interpreted the phrase “harbor or conceal” to require something more than […]
STATE v. PICKARD, 104 N.H. 11 (1962)
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 […]
STATE v. GUENZEL, 140 N.H. 685 (1996)
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 […]
ROBERTSON v. HALE, 68 N.H. 538 (1896)
44 A. 695 ROBERTSON v. HALE. Supreme Court of New Hampshire Merrimack. Decided June, 1896. A justice of the peace acts within the limits of his jurisdiction in causing the arrest of a witness who has neglected to appear before him conformably to a summons and order of adjournment, and is not liable therefor in […]
AMEY v. INSURANCE CO., 68 N.H. 446 (1895)
44 A. 601 AMEY v. GRANITE STATE FIRE INSURANCE Co. a., McMULKIN a., Claimants. Supreme Court of New Hampshire Coos. Decided December, 1895. A vendor of chattels who takes a mortgage of them to secure the purchase money may recover insurance effected for his benefit, notwithstanding his knowledge that the property is to be used […]
COUTURE v. LEWIS, 105 N.H. 224 (1963)
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 […]
HALL v. BRACKETT, 62 N.H. 509 (1883)
HALL a. v. BRACKETT a. Supreme Court of New Hampshire Carroll. Decided June, 1883. An official bond of a bank treasurer, reciting the fact that he “is treasure,” estops the sureties to deny that he was treasure when the bond was given. If the principal was then holding the office for no fixed term, but […]
KIMBALL v. BIBLE SOCIETY, 65 N.H. 139 (1889)
23 A. 83, 23 A. 84, 23 A. 85 KIMBALL, Adm’r, a. v. BIBLE SOCIETY a. Supreme Court of New Hampshire Merrimack. Decided June, 1889. A testator’s power to dispose of a remainder expectant upon his life estate is executed by his devise of property described in his will as “my estate,” when it appears […]
WHITE MT. FUR CO. v. WHITEFIELD, 77 N.H. 340 (1914)
91 A. 870 WHITE MOUNTAIN FUR CO. v. WHITEFIELD. Supreme Court of New Hampshire Coos. Decided June 27, 1914. Where foxes are kept in expectation that they will increase and that as they reach maturity they may be killed and their pelts sold for fur, the owner also intending to buy and sell live foxes […]
MARSHALL v. BURKE, 2010-812 (N.H. 10-12-2011)
ALFRED R. MARSHALL, JR. a. v. JAMES J. BURKE, JR. a. No. 2010-812Supreme Court of New Hampshire CarrollArgued: June 16, 2011 Opinion Issued: October 12, 2011 Cooper, Cargill Chant, P.A. of North Conway (Randall F. Cooper on the brief and orally) for the plaintiffs. Orr Reno, P.A. of Concord (Jeremy D. Eggleton on the brief […]
N.E. HOUSEHOLD MOV. STOR. v. PUBLIC UTIL. COMM’N, 117 N.H. 1038 (1977)
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 […]
STATE v. BELTON, 150 N.H. 741 (2004)
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 […]
RAILROAD v. STATE, 62 N.H. 648 (1883)
BOSTON, CONCORD MONTREAL RAILROAD v. THE STATE Supreme Court of New Hampshire Grafton. Decided June, 1883. Railroad bonds are taxable to their owners as money at interest, and are not exempted by being secured by mortgage or otherwise. Railroads, like other real estate and chattels, are not exempted from taxation by their owners’ indebtedness, or […]
STATE v. DEMERRITT, 64 N.H. 313 (1886)
8 A. 826 STATE v. DEMERRITT. Supreme Court of New Hampshire Coos. Decided December, 1886. An indictment against the clerk of a school-district for not recording the warrant for an annual meeting of the district and not discharging other duties of his office with respect to such meeting, must show that a warrant for the […]
PERKINS v. SCOTT, 57 N.H. 55 (1876)
PERKINS v. SCOTT. Supreme Court of New Hampshire FROM GRAFTON CIRCUIT COURT. Decided March 21, 1876. Constitutionality of auditor law — Waiver. The provisions of ch. 212, Gen. Stats., providing for sending cases to auditors, and making the auditor’s report evidence to the jury, are not in violation of the constitution. By Cushing, C. J. […]
STATE v. NOEL, 119 N.H. 522 (1979)
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 […]
NEWTON v. TRUESDALE, 69 N.H. 634 (1899)
45 A. 646 NEWTON, Ap’t, v. TRUESDALE, Ex’r. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. An agreement between husband and wife, entered into for the expressed purpose of settling controversies regarding their respective interests in joint property held by the husband and adjusting the rights of the parties therein, and the payment by […]
ACG CREDIT CO. v. GILL, 152 N.H. 260 (2005)
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 […]
AMOSKEAG TRUST CO. v. HASKELL, 96 N.H. 89 (1950)
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 […]
STATE v. COMERY, 78 N.H. 6 (1915)
95 A. 670 STATE v. OSCAR J. COMERY. Supreme Court of New Hampshire Hillsborough. Decided October 5, 1915. Where a respondent pleads guilty of murder in the first degree and moves that a sentence of imprisonment for life be imposed, it is the duty of the court, upon the state’s motion, to order the impaneling […]
KEARSARGE COMPUTER, INC. v. ACME STAPLE CO., 116 N.H. 705 (1976)
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 […]
CHABOT v. COMPANY, 79 N.H. 230 (1919)
107 A. 642 ALICE CHABOT v. W. H. McELWAIN CO. Supreme Court of New Hampshire Hillsborough. Decided May 6, 1919. The questions raised by exceptions to the denial of motions for a nonsuit and for a directed verdict are whether on the evidence any verdict could be found for the plaintiff. An exception to the […]
HOBBS v. CHESLEY, 55 N.H. 31 (1874)
HOBBS v. CHESLEY. Supreme Court of New Hampshire Belknap. Decided December 2, 1874. A testatrix gave a fund of $10,000 to a trustee, in trust, to apply so much of the income as should be necessary to the support of her son William, and, at his decease, “to pay over the net income of said […]
BELLAK v. FRANCONIA COLLEGE, 118 N.H. 313 (1978)
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 […]
COWLES v. COWLES, 80 N.H. 530 (1923)
120 A. 76 FLORENCE J. COWLES v. EDWARD S. COWLES. Supreme Court of New Hampshire Rockingham. Decided February 6, 1923. Under P.S., c. 175, s. 18, the superior court, having acquired jurisdiction of a proceeding for divorce, custody of children and allowance for their support, has jurisdiction of a petition for a modification of the […]
NEW ENG. TEL. TEL. CO. v. STATE, 104 N.H. 229 (1962)
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 […]
APPEAL OF PUBLIC SERV. CO. OF N.H., 122 N.H. 919 (1982)
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 […]
MALEHAM v. COOK, 55 N.H. 450 (1875)
MALEHAM v. COOK. Supreme Court of New Hampshire Carroll. Decided June 2, 1875. Referee’s report — Practice — Continuance — Affidavit. Upon the coming in of a referee’s report which was adverse to the defendant, he elected a trial by jury and offered to proceed; but all the jurors had then been discharged from further […]
TOWN OF EPPING v. HARVEY, 129 N.H. 688 (1987)
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 […]
McCLEARY v. LOURIE, 80 N.H. 389 (1922)
117 A. 730 ROBERT H. McCLEARY a. v. DORA L. LOURIE a. Supreme Court of New Hampshire Hillsborough. Decided May 2, 1922. To constitute a common law dedication of an easement, the property must be set apart for the public generally. Where representations are made by a vendor to a prospective purchaser of lots as […]
PRESTON v. MERCIERI, 133 N.H. 36 (1990)
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 […]
KILGORE v. ASSOCIATION, 78 N.H. 498 (1917)
102 A. 344 ERNEST D. KILGORE, by his guardian, ISABELL KILGORE, v. THE LOYAL PROTECTIVE ASSOCIATION. Supreme Court of New Hampshire Coos. Decided November 6, 1917. A waiver implies either a declaration in express terms to forego a right, or conduct justifying the inference of its relinquishment. The fact that an insurer believed that a […]
LUMBER CO. v. CLARK, 75 N.H. 585 (1908)
70 A. 247 WHITE RIVER LUMBER CO. v. CLARK, Trustee, a. Supreme Court of New Hampshire Sullivan. Decided June 2, 1908. BILL IN EQUITY, praying for the appointment of a trustee to carry into effect a trust in land created by Franklin Pierce in 1863. The original trustee is dead, and the plaintiff claims to […]
BENTON v. KENT, 61 N.H. 124 (1881)
BENTON v. KENT a. Supreme Court of New Hampshire Coos. Decided June, 1881. A mortgagee purchasing an outstanding claim against the mortgagor, which is not a charge upon the mortgaged premises, cannot tack it to his mortgage as a part of the mortgage lien, and compel payment of it by the mortgagor, a subsequent purchaser […]
ELKS LODGE v. HANOVER INS. CO., 110 N.H. 324 (1970)
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, […]
COLBY v. CATE, 65 N.H. 667 (1888)
23 A. 529 COLBY a. v. CATE a. Supreme Court of New Hampshire Hillsborough. Decided December, 1888. BINGHAM, J. It was decided in this case, 64 N.H. 476, that c. 41, Laws 1872, did not repeal Gen. St., c. 183, s. 7. This leaves the rights of Hepzibah Cate as if the act of 1872 […]
CHASE v. PITMAN, 69 N.H. 423 (1898)
43 A. 617 CHASE, Adm’r, v. PITMAN a. Supreme Court of New Hampshire Belknap. Decided December, 1898. A defaulted defendant is a competent witness for his codefendant, although he has an interest in the event of the suit, and the plaintiff is an administrator who does not elect to testify. The testimony of a husband […]
BRUCE v. COMPANY, 87 N.H. 462 (1936)
183 A. 265 FREDERICK E. BRUCE v. CAPITOL MOTOR TRANSPORTATION COMPANY, INC. Supreme Court of New Hampshire Rockingham. Decided February 4, 1936. In an action for damages from a collision between two vehicles entering an intersection of streets at approximately the same moment evidence that the automatic signals indicated the plaintiff’s right to proceed and […]
LOWD v. BOWERS, 64 N.H. 1 (1885)
3 A. 431 LOWD v. BOWERS. Supreme Court of New Hampshire Grafton. Decided December, 1885. A caption of depositions may be adjourned by the magistrate to a place other than that named in the notice, when the sickness of the witness renders such a course necessary in order to obtain the deposition. A caption of […]
HELLBERG v. NORRIS, 97 N.H. 222 (1951)
84 A.2d 835 KURT HELLBERG a. v. JAMES D. NORRIS a. No. 4071.Supreme Court of New Hampshire Rockingham. Decided December 4, 1951. In an action by a landlord to recover unpaid rent, the Trial Court’s disallowance of the tenants’ plea of recoupment, alleging damage as a result of such action, was a proper discretionary determination […]
STATE v. HEBERT, 158 N.H. 306 (2009)
THE STATE OF NEW HAMPSHIRE v. ERIC HEBERT. No. 2007-610.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: September 16, 2008. Opinion Issued: January 29, 2009. 1. Witnesses — Impeachment, Corroboration — Prior Convictions and Criminal Charges Prior convictions are admissible to impeach a defendant even if the crimes do not directly involve a lack of […]
PLYMOUTH SCHOOL DIST. v. STATE BD. OF EDUC., 112 N.H. 74 (1972)
289 A.2d 73 PLYMOUTH SCHOOL DISTRICT v. STATE BOARD OF EDUCATION a. No. 6361.Supreme Court of New Hampshire Grafton. Decided March 24, 1972. 1. Two certified public school teachers teaching for more than five years in the only elementary school of the plaintiff school district under a contract between a State college and the district […]
SWEENEY v. RAGGED MT. SKI AREA, 151 N.H. 239 (2004)
855 A.2d 427 ALAINA SWEENEY v. RAGGED MOUNTAIN SKI AREA, INC. No. 2003-719.Supreme Court of New Hampshire Merrimack.Argued: May 6, 2004. Opinion Issued: July 15, 2004. 1. Torts — Defenses — Statutory Immunity Where plaintiff, while snow tubing, was not utilizing an alpine or nordic slope, but was utilizing a snow tube run designated exclusively […]
DESMARAIS v. STATE PERSONNEL COMM’N, 117 N.H. 582 (1977)
378 A.2d 1361 WILFRED DESMARAIS v. STATE OF NEW HAMPSHIRE PERSONNEL COMMISSION No. 7602Supreme Court of New Hampshire Personnel Commission Decided July 11, 1977 1. Administrative Law — Findings — Facts As administrative findings of fact are deemed to be prima facie lawful and reasonable, decision of personnel commission may not be vacated unless it […]
BROOKS v. TRUSTEES OF DARTMOUTH COLLEGE, 161 N.H. 685 (2011)
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 […]
MERCHANTS MUT. INS. CO. v. CITY OF CONCORD, 117 N.H. 482 (1977)
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 […]
OPINION OF THE JUSTICES, 76 N.H. 588 (1911)
79 A. 31 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided March 6, 1911. Under the constitution, the legislature may provide for the taxation of money on deposit and at interest; but it cannot impose a less burden upon such classes of property in proportion to their value than is placed upon other […]
TARBELL v. GRIMES, 84 N.H. 219 (1930)
149 A. 73 J. E. TARBELL Co. v. FRANK E. GRIMES, a. Supreme Court of New Hampshire Strafford. Decided February 4, 1930. The statute of frauds relating to the sale of personal property (P. L., c. 166, s. 4, subd. 1) does not require that the memorandum shall show that the signer acted as agent […]
ROLLINS v. ROLLINS, 77 N.H. 385 (1914)
92 A. 339 MARY J. ROLLINS v. ELI ROLLINS. Supreme Court of New Hampshire Strafford. Decided November 4, 1914. Where funds deposited in the name of a person deceased and inventoried as part of his estate are in fact the property of his widow and administratrix, her claim thereto is to be adjudicated by the […]
BANK v. FERGUSON, 58 N.H. 403 (1878)
FIRST NATIONAL BANK OF GONIC v. FERGUSON. Supreme Court of New Hampshire Strafford. Decided August, 1878. Where instructions given a jury are correct, a verdict will not be set aside because they are not so specific as they might properly have been, when no request was made for more definite instructions. All exceptions to the […]
WINN v. JORDAN, 101 N.H. 65 (1957)
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 […]
DIONNE v. DIONNE, 129 N.H. 638 (1987)
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 […]
N.H. DIVISION OF HUMAN SERVICES v. ALLARD, 141 N.H. 672 (1997)
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 […]
ROYER FOUNDRY MACH. CO. v. N.H. GREY IRON, INC., 118 N.H. 649 (1978)
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 […]
CITY OF ROCHESTER v. SMITH, 119 N.H. 495 (1979)
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 […]
FAVAZZA v. BRALEY, 160 N.H. 349 (2010)
JUNE FAVAZZA v. DAVID BRALEY a. No. 2009-519.Supreme Court of New Hampshire. Belknap.Argued: February 17, 2010. Opinion Issued: June 3, 2010. 1. New Trial — Procedure — Particular Cases A party cannot petition for a new trial in the superior court pursuant to the statute governing new trials when the case originated in the district […]
GATTO v. CLOUTIER, 93 N.H. 331 (1945)
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 […]