Category: New Hampshire Court Opinions

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 […]

260 A.2d 95 STATE v. THOMAS DOWNING BOWLER, JR. No. 5909.Supreme Court of New Hampshire Rockingham. Decided December 30, 1969. 1. The issues presented were governed by State v. Schena, 110 N.H. 73. George S. Pappagianis, Attorney General, Henry F. Spaloss, Assistant Attorney General, and Richard A. Hampe, Attorney (Mr. Hampe orally), for the State. […]

380 A.2d 1105 STATE OF NEW HAMPSHIRE v. KENNETH MAXFIELD No. 7838Supreme Court of New Hampshire Hillsborough District Court Decided December 16, 1977 Criminal Law — State’s Burden of Proof — Concession in Brief On an interlocutory appeal regarding criminal charge of hunting without proper license, state’s brief conceded that defendant could not be found […]

529 A.2d 935 APPEAL OF RICK P. KELLY (New Hampshire Department of Employment Security) No. 86-283Supreme Court of New Hampshire Department of Employment Security Decided July 10, 1987 1. Unemployment Compensation — Burden of Proof Appeal tribunal of the department of employment security committed reversible error by requiring a party to prove its case by […]

10 A.2d 673 WANDA M. COOLEY v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. No. 3094.Supreme Court of New Hampshire Hillsborough. Decided January 2, 1940. It is the duty of a utility lawfully engaged in the transmission of electric current to take reasonable precautions against the dangers of injury to the public incident to the anticipable […]

111 A.2d 325 CLYDE H. LAPLANT v. IONE MAY LAPLANT. No. 4353.Supreme Court of New Hampshire Cheshire.Submitted January 5, 1955. Decided January 28, 1955. A marriage entered into in good faith on the part of both parties in Oklahoma before the wife’s decree of divorce in Massachusetts from a prior marriage became absolute was validated […]

891 A.2d 534 ANNETTE D’AMOUR v. AMICA MUTUAL INSURANCE COMPANY. No. 2005-187.Supreme Court of New Hampshire Merrimack.Argued: October 19, 2005. Opinion Issued: January 18, 2006. 1. Insurance — Policies — Terms and Phrases An insured was “occupying” the vehicle only if she was “engaged in an activity essential to the use of the vehicle” at […]

484 A.2d 1222 HARTFORD INSURANCE COMPANY v. HEATHER M. WHITE No. 84-197Supreme Court of New Hampshire Rockingham Decided November 30, 1984 Insurance — Automobile Policies — Uninsured Motorist Coverage Passenger who was injured in an automobile accident and was insured under two separate automobile policies issued by the same insurance Page 768 company, both of […]

133 A.2d 499 ARTHUR LAURENCE BROWN v. RYE. No. 4579.Supreme Court of New Hampshire Rockingham.Argued June 4, 1957. Decided June 28, 1957. 1. Where wood and timber was in a state of growth at the time it was released from the general property tax (RSA 79:2, supp.) the owner thereof became subject to the yield […]

584 A.2d 758 THE STATE OF NEW HAMPSHIRE v. LORENZO ZURITA No. 89-395Supreme Court of New Hampshire Hillsborough Decided December 28, 1990 1. Constitutional Law — Miranda Warning — Volunteered Statements Unsolicited inculpatory statements of apology by defendant at time he was identified by alleged victim and placed under arrest were not incident to express […]

419 A.2d 1090 TOWN OF FREEDOM v. JAMES GILLESPIE No. 79-349Supreme Court of New Hampshire Carroll Decided September 10, 1980 1. Towns — Powers — Public Safety Towns are authorized by statute to make by-laws for a variety of purposes which fall into the category of health, welfare and public safety. RSA 31:39. Page 577 […]

765 A.2d 693 THE STATE OF NEW HAMPSHIRE v. NICK MILLER No. 98-299Supreme Court of New Hampshire Sullivan Decided January 16, 2001 1. Appeal and Error — Scope of Review — Record on Review When determining sufficiency of evidence raised by a defendant’s motion to dismiss at close of State’s case, court’s review is not […]

77 A.2d 587 ALFRED R. TRIS v. BENJAMIN F. ADAMS. No. 3914.Supreme Court of New Hampshire Rockingham. Decided January 2, 1951. Laws 1947, c. 103, declaring that a tax collector’s deed shall be incontestable after three years from the date of record as to defects of form or procedure in the tax assessment and sale […]

802 A.2d 1175 APPEAL OF PORTSMOUTH REGIONAL HOSPITAL (New Hampshire Health Services Planning and Review Board) No. 99-790Supreme Court of New Hampshire Health Services Planning And Review BoardArgued March 6, 2002 Opinion Issued July 16, 2002 1. Physicians and Surgeons — Hospitals — Statutory Provisions Under statute requiring new institutional health services to obtain a […]

484 A.2d 1074 THE STATE OF NEW HAMPSHIRE v. RANDALL LAMB No. 83-240Supreme Court of New Hampshire Cheshire Decided September 27, 1984 1. Constitutional Law — Speedy Trial — Particular Cases It was not error to refuse to dismiss two felony indictments for lack of speedy trial due to lapse of five and one-half months […]

17 A.2d 96 THERESA M. HUBLEY, Adm’x v. ROLAND A. GOODWIN. SAME v. ROLAND A. GOODWIN a. No. 3207.Supreme Court of New Hampshire Rockingham. Decided December 3, 1940. An attorney may bind his client to a final disposition of an action by oral or written agreement, entered on the record, made an order of court […]

554 A.2d 1286 BRENDA STEWART a. v. JOAN K. FARREL, EXECUTRIX OF THE ESTATE OF ROBERT E. FARREL No. 87-438Supreme Court of New Hampshire Merrimack Decided March 6, 1989 1. Executors and Administrators — Litigation Against the Estate — Extension of Time In order to extend the time for filing notice of claim against an […]

330 A.2d 772 LOUIS C. WYMAN v. JOHN A. DURKIN a. No. 7083Supreme Court of New Hampshire Original Decided December 16, 1974 1. A writ of prohibition is an extraordinary writ issued to prevent the exercise of jurisdiction not granted, and is to be used with caution and forbearance. 2. Upon the record before the […]

480 A.2d 4 HARTFORD INSURANCE COMPANY v. NEIL BIRD a. No. 83-262Supreme Court of New Hampshire Hillsborough Decided April 16, 1984 1. Declaratory Judgments — Statutes — Construction The declaratory judgment statute’s six-month limitation period for bringing actions to determine insurance coverage does not set forth a discovery rule such that the six-month period begins […]

565 A.2d 1035 THE STATE OF NEW HAMPSHIRE v. ROBERT J. BROWN No. 88-221Supreme Court of New Hampshire Hillsborough Decided November 13, 1989 1. Appeal and Error — Verdict — Standard of Review Criminal defendant carries the burden on appeal to prove that no rational fact-finder could have found the defendant guilty beyond a reasonable […]

622 A.2d 1254 THE STATE OF NEW HAMPSHIRE v. DOUGLAS SURETTE No. 92-162Supreme Court of New Hampshire Hillsborough Decided March 30, 1993 1. Appeal and Error — Verdict — Directed Verdict In appeal of denial of motion for directed verdict based on sufficiency of evidence, defendant carries burden of proving that no rational trier of […]

322 A.2d 4 FRANCIS C. GUTOSKI a. v. TOWN OF WINCHESTER No. 6742Supreme Court of New Hampshire Cheshire Decided June 28, 1974 1. Real property owners and taxpayers in a town have sufficient interest to maintain a declaratory judgment action seeking to have the town’s zoning ordinance declared void. 2. Although there has been no […]

470 A.2d 881 THE STATE OF NEW HAMPSHIRE v. DANIEL W. BERRY No. 81-469Supreme Court of New Hampshire Hillsborough Decided December 7, 1983 1. Trial — Instructions — Lesser-Included Offense A defendant is entitled to have the benefit of a lesser-included offense instruction given when the evidence furnishes a rational basis for a finding of […]

406 A.2d 113 THE STATE OF NEW HAMPSHIRE v. JERRY A. BOONE No. 78-274Supreme Court of New Hampshire Rockingham Decided August 17, 1979 1. Sexual Assault — Exception for Spouses Where defendant was indicted for crime of aggravated felonious sexual assault, State had to prove that prosecutrix was not defendant’s spouse because statute itself required […]

529 A.2d 944 THE STATE OF NEW HAMPSHIRE v. JAMES BEAUPRE No. 86-389Supreme Court of New Hampshire Hillsborough Decided July 10, 1987 1. Criminal Law — Defenses — Double Jeopardy A former prosecution as such does not support a defense of double jeopardy, where the defendant’s conviction was reversed at his instigation. 2. Constitutional Law […]

136 A.2d 332 NASHUA TRUST COMPANY v. JAMES L. SARDONIS. No. 4619.Supreme Court of New Hampshire Hillsborough.Argued November 5, 1957. Decided November 26, 1957. 1. A promissory note, under the Uniform Negotiable Instruments Law (RSA 337:2 I, V), is negotiable and payable in a sum certain though it provides for interest, costs of collection and […]

41 A.2d 611 JOSEPH ANTHONY SKAVINA v. JANET SKAVINA. No. 3518.Supreme Court of New Hampshire Hillsborough. Decided March 6, 1945. PETITION to annul a marriage alleged to have been obtained by fraud. The defendant demurred to the petition. The demurrer was sustained and the plaintiff excepted. Transferred by Blandin, J. Chretien Craig (Mr. Chretien orally), […]

74 A.2d 546 WILLIAM S. KUSKY v. HARRY LADERBUSH. No. 3955.Supreme Court of New Hampshire Rockingham. Decided July 6, 1950. Where the form of procedure before the Superior Court was accepted by both parties without objection its propriety cannot be attacked before the Supreme Court. Where an autopsy is very material to the defense of […]

529 A.2d 896 APPEAL OF MICHAEL D. CANNATA, JR. a. (New Hampshire Board of Tax and Land Appeals) No. 86-167Supreme Court of New Hampshire Board of Tax and Land Appeals Decided June 5, 1987 1. Taxation — Appeals — Findings On appeal, findings of fact of the board of tax and land appeals are to […]

628 A.2d 707 THE STATE OF NEW HAMPSHIRE v. DAVID C. LUCE No. 92-219Supreme Court of New Hampshire Carroll Decided July 15, 1993 1. Minors — Child Abuse — Particular Cases Trial court erred in admitting testimony of State’s expert psychologist that certain drawings made by child were consistent with those of a child who […]

484 A.2d 1139 PETITION OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE (New Hampshire Public Utilities Commission) No. 84-466Supreme Court of New Hampshire Public Utilities Commission Decided October 5, 1984 1. Courts — Supreme Court — Transfers of Interlocutory Matters Statute allowing public utilities commission to transfer to supreme court questions of law arising in hearings […]

71 A.2d 747 CECILE GAGNON v. ALVINE PRONOVOST a. No. 3860.Supreme Court of New Hampshire Hillsborough.December 6, 1949. March 7, 1950. The use of the phrase “and to the survivors of them” in the clause of a deed reciting the consideration and names of the grantees is not a sufficiently clear expression, under the statute […]

395 A.2d 1253 MARGARET M. DiMARZIO dba SHELL REAL ESTATE v. MAURICE W. READ a. No. 78-195Supreme Court of New Hampshire Rockingham Decided December 29, 1978 Brokers — Commission — Right to Where realtor was the effective cause of the sale of land in that she brought the parties together and as a result the […]

46 A.2d 333 HARRY C. ESTES v. GEORGE ARTHUR LEATHERS. No. 3548.Supreme Court of New Hampshire Rockingham. Decided April 2, 1946. An employer who commonly employs five or more workmen engaged in the regular course of the employer’s business of sawing logs comes within the Employers’ Liability Act (R. L., c. 216), notwithstanding the fact […]

493 A.2d 1125 CLAIRE POIRIER LANE v. DAVID CAMIRE No. 84-331Supreme Court of New Hampshire Rockingham Decided April 5, 1985 Verdict — Directed Verdict — Particular Cases There was no error in trial court’s granting of defendant’s motion for directed verdict at close of plaintiff’s evidence, in action based on alleged conversion and illegal acts […]

834 A.2d 277 THE STATE OF NEW HAMPSHIRE v. DANIEL AYER, SR. No. 2000-513.Supreme Court of New Hampshire Hillsborough-southern Judicial DistrictArgued: March 12, 2003. Opinion Issued: September 26, 2003. 1. Appeal and Error — Preservation of Questions — Generally When trial courts have an opportunity to rule on issues and to correct errors before they […]

536 A.2d 1242 THE STATE OF NEW HAMPSHIRE v. HOWARD W. DENNEY No. 86-451Supreme Court of New Hampshire Belknap Decided December 31, 1987 (Decided December 23, 1987) 1. Constitutional Law — New Hampshire Constitution — Construction Phrase “law of the land” in State constitutional article means due process of law. N.H. CONST. pt. 1, art. […]

113 A.2d 117 CHARLES S. JENNISON v. OYSTER RIVER COOPERATIVE SCHOOL DISTRICT No. 2 a. No. 4397.Supreme Court of New Hampshire Strafford.Argued March 2 and 24, 1955. Decided April 6, 1955. While a member of a cooperative school district was permitted by the provisions of Laws 1947, c. 199, s. 14 to withdraw under certain […]

782 A.2d 897 LOWER VILLAGE HYDROELECTRIC ASSOCIATES, L.P. v. CITY OF CLAREMONT No. 99-693Supreme Court of New Hampshire Sullivan Decided October 9, 2001 1. Contracts — Creation — Evidence A written memorandum is sufficient to establish a contract if it demonstrates that the parties have manifested their intent to be bound to the essential terms […]

206 A.2d 103 CARL E. WRIGHT, Adm’r v. CONNECTICUT VALLEY ELECTRIC CO. No. 5266.Supreme Court of New Hampshire Grafton.Argued October 6, 1964. Decided December 30, 1964. 1. A plaintiff in a negligence action is not precluded from recovery by the mere fact that he encountered a known danger. If his conduct admits of any reasonable […]

641 A.2d 230 GREEN MOUNTAIN INSURANCE COMPANY v. VAUGHN FOREMAN AND ANDRE R. ROY No. 93-076Supreme Court of New Hampshire Grafton Decided April 21, 1994 1. Insurance — Parties; Rights and Duties — Insurer’s Duty To Settle and Defend Insurer’s obligation to defend its insured is determined by whether cause of action against insured alleges […]

694 A.2d 996 CONCORD HOSPITAL v. NEW HAMPSHIRE MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION No. 95-659Supreme Court of New Hampshire Merrimack Decided June 5, 1997 1. Contracts — Breach — Damages The purpose of awarding compensatory damages in breach of contract actions, including insurance contracts, is to place the plaintiff in the position the plaintiff would […]

448 A.2d 390 WILLIAM N. CHASE, SR. v. ERNESTA DORAIS No. 82-031Supreme Court of New Hampshire Goffstown District Court Decided July 2, 1982 Statutes — Construction and Application — Consumer Protection Act Where seller of used car advertised car in newspaper as being in “good condition” but stated that she had no knowledge of automobile […]

10 A.2d 245 DAVID A. McCULLOUGH (London Guarantee Accident Company, L’t’d, Plaintiff in interest) v. JOHN B. VARICK CO. No. 3066.Supreme Court of New Hampshire Hillsborough. Decided December 5, 1939. In the absence of contract or legislation no right of subrogation exists in favor of an employer who has paid workmen’s compensation, against a third […]

274 A.2d 798 ADRIANUS VAN HOOIJDONK v. KENNETH W. LANGLEY. No. 6042.Supreme Court of New Hampshire Rockingham. Decided February 26, 1971. 1. Notice to the plaintiff by the corporate owner of business premises leased to the plaintiff by the individual defendant with a convenant for quiet enjoyment, that eviction proceedings would be brought if the […]

557 A.2d 1364 OPINION OF THE JUSTICES. No. 89-200.Supreme Court of New Hampshire Request of the Senate. Decided May 24, 1989. 1. Taxation — Tax Sales — Generally Decision in White v. Town of Wolfeboro, 131 N.H. 1 (1988), upholding a challenge to the tax collector’s practice of conveying by collector’s deed a whole parcel […]

48 A.2d 487 PROUT’S INC. v. JOHN W. McINTYRE a. No. 3592.Supreme Court of New Hampshire Belknap. Decided June 27, 1946. One who continues to occupy premises after the expiration of a sub-lease is a tenant at will or sufferance. Specific performance of an agreement to lease will not be ordered where the financial condition […]

345 A.2d 168 CATHERINE JORDAN, BY HER MOTHER AND NEXT FRIEND, JEAN C. BAKER v. DENNIS R. JORDAN No. 7235Supreme Court of New Hampshire Hillsborough Decided September 30, 1975 1. The master’s findings that the seventeen-year-old wife, a Roman Catholic, could not morally and spiritually fulfill her marital commitment to the defendant who had deceived […]

316 A.2d 190 OPINION OF THE JUSTICES No. 6860Supreme Court of New Hampshire Request of Governor and Council Decided March 8, 1974 1. RSA ch. 162-G (Supp. 1973) lacks certain safeguards and Page 171 standards which would protect the public and the taxpayer from expending public funds for other than public purposes and which have […]

5 A.2d 716 ANNIE REID KNOX v. FRED ALLARD a. FRED ALLARD a. v. ANNIE REID KNOX. No. 3063.Supreme Court of New Hampshire Hillsborough. Decided April 4, 1939. An agreement to convey an interest in land in consideration of services to be rendered is within the statute of frauds. Though the statute may be satisfied […]

433 A.2d 1271 SHARON L. BAKER v. DENNIS BROWN REALTY No. 80-240Supreme Court of New Hampshire Concord District Court Decided August 5, 1981 1. Appeal and Error — Transcript — Absence Where there was no transcript of the trial, the supreme court’s review was therefore limited to determining whether or not there were any errors […]

840 A.2d 803 THE STATE OF NEW HAMPSHIRE v. TERRY THOMAS. No. 2002-079.Supreme Court of New Hampshire Hillsborough-southern Judicial DistrictArgued: June 18, 2003. Opinion Issued: December 9, 2003. 1. Criminal Law — Right to Represent Oneself — Assertion of Right The New Hampshire Constitution grants a criminal defendant either the right to counsel or the […]

725 A.2d 670 THE CADLE COMPANY v. DENNIS PROULX No. 97-349Supreme Court of New Hampshire Hillsborough-northern judicial district Decided March 10, 1999 1. Dismissal — Voluntary Dismissal — Discretion of Court Before plaintiff opens his case to jury, trial court has discretion to deny motion for voluntary nonsuit without prejudice, unless it would be manifestly […]

719 A.2d 613 APPEAL OF SAU #16 COOPERATIVE SCHOOL BOARD (New Hampshire Public Employee Labor Relations Board) No. 97-279Supreme Court of New Hampshire Public Employee Labor Relations Board Decided October 14, 1998 1. Administrative Law — Judicial Review — Prerequisites Supreme court would not dismiss appeal of cooperative school board for failure to comply with […]

366 A.2d 484 ANN E. BRAUN v. EDWARD H. BRAUN No. 7456Supreme Court of New Hampshire Rockingham Decided November 30, 1976 1. The plaintiff’s pending libel for divorce in New Hampshire did not deprive the Maryland court of jurisdiction over the defendant’s libel for divorce, and because the Maryland court had jurisdiction over the parties, […]

350 A.2d 335 STATE OF NEW HAMPSHIRE v. JOHN L. KUPETZ No. 7252Supreme Court of New Hampshire Laconia District Court Decided December 31, 1975 1. The statute authorizing breath tests contains no language from which it can be implied that the law enforcement officer administering the test may not be the arresting officer, provided he […]

381 A.2d 1198 THE STATE OF NEW HAMPSHIRE v. PETER MITCHELL a. No. 7753Supreme Court of New Hampshire Original Decided January 16, 1978 Appeal and Error — Certification of Questions — Questions Considered In absence of showing of any exceptional circumstances which would warrant certification, in advance of appeal de novo to superior court, of […]

209 A.2d 730 ARTHUR E. PORTER v. ROY C. WILSON, JR. No. 5305.Supreme Court of New Hampshire Hillsborough.Argued February 2, 1965. Decided April 30, 1965. 1. While an infant may disaffirm his contracts he is liable in an action for restitution for the benefit he has received whether or not the benefit is described as […]

396 A.2d 1101 KATHRYN ANN (ORBEN) DUNBECK v. EXETER HAMPTON ELECTRIC COMPANY No. 78-109Supreme Court of New Hampshire Rockingham Decided January 12, 1979 1. Negligence — Proximate Cause — Acts Not Constituting Even if electric company had complied with all statutory requirements, plaintiff helicopter passenger’s accident and resulting injuries would have occurred in exactly the […]

512 A.2d 1104 PAREM CONTRACTING CORPORATION v. WELCH CONSTRUCTION CO., INC. AND THE SALEM HOUSING AUTHORITY PAREM CONTRACTING CORPORATION v. FIREMAN’S FUND INSURANCE COMPANY AND WELCH CONSTRUCTION CO., INC. No. 85-032Supreme Court of New Hampshire Rockingham Decided July 9, 1986 1. Contracts — Damages — Liquidated Damages A retainage provision in a construction contract does […]

594 A.2d 1279 THE STATE OF NEW HAMPSHIRE v. PAUL PLANTE, JR. No. 89-430Supreme Court of New Hampshire Hillsborough Decided July 24, 1991 1. Appeal and Error — Questions Considered on Appeal — Constitutionality of Laws Rule that constitutional issues will not be considered when raised for the first time on appeal is particularly appropriate […]

519 A.2d 272 THE STATE OF NEW HAMPSHIRE v. WAYNE CROSS No. 85-097Supreme Court of New Hampshire Hillsborough Decided December 5, 1986 1. Evidence — Identifications — Particular Cases At trial for bank robbery, court properly allowed eyewitnesses to identify defendant in court as the robber, where a variety of factual circumstances had weakened the […]