44 A. 484 DUNN v. MERRIMACK COUNTY ODD FELLOWS’ MUTUAL RELIEF ASSOCIATION. Supreme Court of New Hampshire Coos. Decided June, 1895. An insurance association’s receipt of assessments, in justifiable ignorance of the fact that the insured had forfeited his membership, does not estop it to insist upon the forfeiture. ASSUMPSIT. Facts found by a referee. […]
Category: New Hampshire Court Opinions
DUNBECK v. EXETER HAMPTON ELEC. CO., 119 N.H. 4 (1979)
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 […]
PAREM CONTRACTING CORP. v. WELCH CONST. CO., INC., 128 N.H. 254 (1986)
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 […]
STATE v. PLANTE, 134 N.H. 456 (1991)
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 […]
TELEGRAPH CO. v. CONSTRUCTION CO., 70 N.H. 37 (1899)
47 A. 616 WESTERN UNION TELEGRAPH CO. v. FRANKLIN CONSTRUCTION CO. a. Supreme Court of New Hampshire Rockingham. Decided December, 1899. A party who exercises dominion over property inconsistent with the owner’s right, and one who, having received it from the original wrongdoer, holds it as his own, are severally liable therefor in an action […]
STATE v. CROSS, 128 N.H. 732 (1986)
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 […]
APPEAL OF LACONIA SCH. DIST., 150 N.H. 495 (2004)
840 A.2d 800 APPEAL OF LACONIA SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board). No. 2002-670.Supreme Court of New Hampshire Public Employee Labor Relations BoardArgued: September 17, 2003. Opinion Issued: January 30, 2004. 1. Public Employees — Unions — Grievance Proceedings When reviewing a decision of the public employee labor relations board, deference is […]
APPLETON v. INSURANCE CO., 59 N.H. 541 (1880)
APPLETON a. v. PHENIX MUTUAL LIFE INSURANCE CO. Supreme Court of New Hampshire Belknap. Decided June, 1880. Where, by the terms of a policy of insurance on the life of a person, it is stipulated that on or before a specified day in each year during its continuance an annual premium shall be paid, and […]
TRULL v. VOLKSWAGEN OF AMERICA, 145 N.H. 259 (2000)
761 A.2d 477 ELIZABETH TRULL a. v. VOLKSWAGEN OF AMERICA, INC. a. No. 99-441Supreme Court of New Hampshire U.S. Court of Appeals for the First Circuit Decided September 28, 2000 1. Torts — Generally — Existence of Duty Duty of a manufacturer under New Hampshire law is limited to foreseeing probable results of normal use […]
TENNANT v. UPTON, 78 N.H. 600 (1916)
99 A. 652 ELLA M. TENNANT v. ROBERT W. UPTON, Adm’r. Supreme Court of New Hampshire Merrimack. Decided December 5, 1916. ASSUMPSIT, to recover the proceeds of a policy of insurance. Transferred without a ruling by Pike, C. J., from the April term, 1916, of the superior court upon facts agreed. The New York Life […]
SUOJANEN v. TARDIF, 120 N.H. 574 (1980)
419 A.2d 1088 VIOLA M. SUOJANEN v. DAVID E. TARDIF, ADMINISTRATOR w.w.a. ESTATE OF LORENZO P. DIVERSI No. 79-303Supreme Court of New Hampshire Merrimack Decided September 10, 1980 1. Appeal and Error — Summary Judgment — Findings and Conclusions In action by housekeeper against decedent’s estate for household and nursing expenses rendered to decedent prior […]
BUTTRICK v. FLYNN, 87 N.H. 45 (1934)
173 A. 804 ANNIE E. BUTTRICK v. ESTELLE FLYNN. TALBERT BUTTRICK v. SAME. Supreme Court of New Hampshire Rockingham. Decided June 28, 1934. On a motion for a nonsuit certain evidence of the plaintiff explaining why he did not sooner apply his brakes was insufficient to conclusively establish that he insisted upon his supposed right […]
PLOURDE v. COMPANY, 88 N.H. 473 (1936)
188 A. 11 A. J. PLOURDE, Inc., v. LAWRENCE MOTOR CO. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1936. CASE, for deceit. Trial by jury and verdict for the defendant. The plaintiff excepted in connection with the argument for the defendant as follows: I. “Mr. Green. The plaintiff . . . called Mr. […]
LYLE SIGNS, INC. v. EVROKS CORP., 132 N.H. 156 (1989)
562 A.2d 785 LYLE SIGNS, INC. v. EVROKS CORPORATION AND TRAVELERS INDEMNITY COMPANY No. 88-209Supreme Court of New Hampshire Grafton Decided August 16, 1989 1. Bonds — Performance Bonds — Public Contracts Statutory bond requirement for public contracts protects the materialman of a subcontractor. RSA 447:16. 2. Bonds — Performance Bonds — Public Contracts Statutory […]
NEWMARKET WATER WORKS v. BANK, 90 N.H. 143 (1939)
5 A.2d 673 NEWMARKET WATER WORKS v. STRAFFORD SAVINGS BANK a. No. 3064Supreme Court of New Hampshire Rockingham Decided April 4, 1939 The statutory lien on real estate for water charges continues “for one year from the last item charged” and must be enforced by suit against the owner. (Laws 1927, c. 71, s. 1). […]
HIRST v. DUGAN, 136 N.H. 5 (1992)
611 A.2d 616 SUSAN MAY HIRST, INDIVIDUALLY AND AS MOTHER AND NEXT FRIEND OF SARA HELEN LUNT v. SHARON WEBSTER DUGAN a. No. 91-095Supreme Court of New Hampshire Belknap Decided July 15, 1992 1. Parent and Child — Support — Legitimacy A father’s support obligations to a child born out of wedlock are the same […]
KIERSTEAD v. STATE FARM FIRE CAS. CO., 160 N.H. 681 (2010)
DONALD KIERSTEAD a. v. STATE FARM FIRE AND CASUALTY COMPANY. No. 2009-649.Supreme Court of New Hampshire. Grafton.Argued: March 31, 2010. Opinion Issued: September 17, 2010. 1. Insurance — Proceedings —Limitations There is an apparent internal inconsistency in the statute providing for notice to an insured and the standard fire policy statute. In keeping with its […]
PETITION OF GRIMM, 138 N.H. 42 (1993)
635 A.2d 456 PETITION OF RUEDIGER GRIMM, PH.D. (New Hampshire Board of Examiners of Psychologists) No. 92-012Supreme Court of New Hampshire Original Decided December 17, 1993 1. Physicians and Surgeons — Particular Healing Professions — Psychologists and Psychiatrists A registered psychologist has a legally protected property interest in his psychologist certificate. 2. Administrative Law — […]
CHAMBERLIN v. CHAMBERLIN, 116 N.H. 368 (1976)
359 A.2d 631 SPENCER W. CHAMBERLIN a. v. MARY E. CHAMBERLIN a. No. 7033Supreme Court of New Hampshire Hillsborough Decided June 30, 1976 1. A resulting trust arises when a person makes or causes to be made a disposition of property under circumstances raising an unrebutted inference that he does not intend that the person […]
WENTWORTH BUS CO. v. SANBORN, 99 N.H. 5 (1954)
104 A.2d 392 WENTWORTH BUS LINES INC. v. ALBERTA E. SANBORN. No. 4258.Supreme Court of New Hampshire Strafford.Argued February 2, 1954. Decided April 21, 1954. In an action for property damage to plaintiff’s motor bus resulting from rear end collision with defendant’s motor vehicle when the bus came to passenger stop, the finding that the […]
LEAVITT v. BENZING, 99 N.H. 193 (1954)
107 A.2d 682 FRANK O. LEAVITT a. v. CONSTANCE C. BENZING a. No. 4307.Supreme Court of New Hampshire Carroll.Argued May 4, 1954. Decided September 8, 1954. An exception to the failure of the Trial Court to set aside a decree of partition of real estate for the reason that the committee failed to divide the […]
STATE FARM MUT. AUTO. INS. CO. v. HOLYOKE MUT. INS. CO., 150 N.H. 527 (2004)
841 A.2d 68 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. HOLYOKE MUTUAL INSURANCE COMPANY a. No. 2003-213.Supreme Court of New Hampshire Hillsborough-northern Judicial DistrictArgued: November 5, 2003. Opinion Issued: February 3, 2004. 1. Insurance — Policies — Uninsured/Underinsured Motorists Under both New Hampshire and Massachusetts law, underinsured benefits are due only when a responsible party’s […]
BELL v. PEABODY, 63 N.H. 233 (1884)
BELL v. PEABODY a. Supreme Court of New Hampshire Coos. Decided June, 1884. A deed duly acknowledged and recorded is not of itself evidence of seizin in either the grantor or grantee; and it makes no difference in this respect that the land described in the deed is a wild, unbroken forest. TROVER, for a […]
STATE v. JONES, 125 N.H. 490 (1984)
484 A.2d 1070 THE STATE OF NEW HAMPSHIRE v. FRANK JONES No. 83-211Supreme Court of New Hampshire Hillsborough Decided September 27, 1984 1. Constitutional Law — Miranda Warning — Generally Miranda sets out the content of the required warnings in specific detail, but states no requirement to warn about the specific charges that prompt the […]
JAMES v. STAPLES, 87 N.H. 49 (1934)
174 A. 59 ORRIN M. JAMES, Ex’r, v. MARTHA J. STAPLES, Ap’t. Supreme Court of New Hampshire Rockingham. Decided June 28, 1934. After submission to the jury of the issue of devisavit vel non under P.L., c. 311, s. 11 and their verdict thereon, the presiding justice has no power to disregard the verdict. On […]
SMITH v. PUTNAM, 62 N.H. 369 (1882)
SMITH v. PUTNAM a. Supreme Court of New Hampshire Belknap. Decided December, 1882. Proof of twenty years’ adverse, continuous, uninterrupted use of a well and way on land of another with the knowledge and acquiescence of the owner of the land, in the absence of any evidence of permission or license, is sufficient to establish […]
FELCH v. HARRIMAN, 64 N.H. 472 (1887)
13 A. 418 FELCH v. HARRIMAN. Supreme Court of New Hampshire Hillsborough. Decided December, 1887. A tenant at will is entitled to the annual fruits of the land. TROVER, for apples grown on land of the defendant, which, under a parol agreement between the parties, was used by the plaintiff for pasturing his cattle for […]
FOLEY v. HOSPITAL, 98 N.H. 186 (1953)
96 A.2d 735 FRANK JAMES FOLEY v. ELLIOT COMMUNITY HOSPITAL a. No. 4199.Supreme Court of New Hampshire Cheshire. Decided May 5, 1953. The finding of the Trial Court that husband and wife in making mutual wills, disposing of their estates in mandatory terms with a common purpose to common objects of their bounty, agreed that […]
APPEAL OF BELKNAP CTY. COMMRS., 146 N.H. 757 (2001)
781 A.2d 20 APPEAL OF BELKNAP COUNTY COMMISSIONERS (New Hampshire Public Employee Labor Relations Board) No. 99-707Supreme Court of New Hampshire Public Employee Labor Relations Board Decided September 11, 2001 1. Labor — Practice and Procedure — Review of Labor RelationsBoard’s Decisions and Orders Absent an erroneous ruling of law, decision of public employee labor […]
GREEMORE v. AMERICAN HOME ASSURANCE CO., 113 N.H. 250 (1973)
305 A.2d 681 EDWARD G. GREEMORE, ADMINISTRATOR OF THE ESTATE OF LAURENCE A. GREEMORE v. AMERICAN HOME ASSURANCE CO. LAKES REGION FLYING CLUB a. v. AMERICAN HOME ASSURANCE CO. a. No. 6462Supreme Court of New Hampshire Belknap Decided May 31, 1973 1. Interpretation of insurance policy purchased in Massachusetts by a Massachusetts corporation is governed […]
STATE v. LEWIS, 129 N.H. 787 (1987)
533 A.2d 358 THE STATE OF NEW HAMPSHIRE v. TIMOTHY LEWIS No. 86-342Supreme Court of New Hampshire Hillsborough Decided October 9, 1987 1. Constitutional Law — Miranda Warning — Waiver In a challenge to the admissibility of an uncounseled confession, the State has the burden to demonstrate that the defendant knowingly and voluntarily waived his […]
FOME ASSOCIATES v. PALMER, 122 N.H. 985 (1982)
453 A.2d 1274 FOME ASSOCIATES v. CHESTER A. PALMER No. 81-387Supreme Court of New Hampshire Grafton Decided December 8, 1982 1. Process — Late Filing — Discretion of Court Although the superior court has discretion to allow late entry of any writ, process or appeal, such discretion is not unlimited. 2. Process — Late Filing […]
VANNI v. CLOUTIER, 100 N.H. 272 (1956)
124 A.2d 204 LEO C. VANNI a. v. LAVINA M. CLOUTIER, Adm’x, a. No. 4491.Supreme Court of New Hampshire Hillsborough.Argued June 6, 1956. Decided July 6, 1956. The commencement of tort actions against an administratrix within a year of the grant of administration setting forth nothing more than a claim in the common counts in […]
TILTON v. TILTON, 74 N.H. 602 (1908)
68 A. 867 TILTON a. v. TILTON a. Supreme Court of New Hampshire Rockingham. Decided February 4, 1908. PETITION FOR PARTITION. The defendants claimed title to the premises by deed and by prescription. Upon trial by the court a verdict was found for the defendants upon each issue, and the plaintiffs excepted. Transferred from the […]
FORD’S CASE, 102 N.H. 24 (1959)
149 A.2d 863 FORD’S CASE. No. 4726.Supreme Court of New Hampshire Original.Argued March 26, 1959. Decided April 3, 1959. 1. An attorney who pleaded guilty to an information filed in the United States District Court charging him with the misdemeanor of willful failure to file his personal federal income tax returns, and was sentenced to […]
CORNING GLASS WORKS v. MAX DICHTER CO., 102 N.H. 505 (1960)
161 A.2d 569 CORNING GLASS WORKS v. MAX DICHTER COMPANY, INC. AND MAN-BUR SALES, INC. No. 4837.Supreme Court of New Hampshire Merrimack.Argued May, 4, 1960. Decided May 31, 1960. 1. The Fair Trade Law (RSA ch. 357) granting the right to vendors to stipulate the minimum prices at which trademarked commodities may be sold at […]
CASISTA v. RAILROAD, 69 N.H. 649 (1899)
45 A. 712 CASISTA v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. A railroad company is under no obligation to fence its right of way for the protection of an infant trespasser. CASE, for negligence. The plaintiff’s declaration alleged that it was the defendants’ duty to fence their right of […]
HAMPSHIRE v. KARL, 156 N.H. 821 (2008)
THE STATE OF NEW HAMPSHIRE v. KARL KORNBREKKE. No. 2006-926.Supreme Court of New Hampshire. Merrimack.Argued: January 17, 2008. Opinion Issued: March 14, 2008. 1. Criminal Law — Confrontation of Witnesses — Discretion of Trial Court A trial court has broad discretion to determine the scope of cross-examination or the admissibility of evidence, and its ruling […]
DELISLE v. SMALLEY, 96 N.H. 58 (1949)
69 A.2d 868 MARION DELISLE, Ex’x, Ap’ee v. ALBERT E. SMALLEY, App’t. No. 3867.Supreme Court of New Hampshire Hillsborough. Decided December 6, 1949. In a petition for a new trial seeking relief from the agreed facts considered in a former transfer to the Supreme Court the Trial Court’s denial thereof for the reason that a […]
MECHANICKS NAT. BANK v. BRADY, 100 N.H. 469 (1957)
129 A.2d 857 THE MECHANICKS NATIONAL BANK OF CONCORD Tr. u/w of J. Charles Pelissier v. MATTHEW F. BRADY, Bishop of Manchester and ERNEST R. D’AMOURS, Director of Charitable Trusts, The State of New Hampshire. No. 4546.Supreme Court of New Hampshire Merrimack.Argued January 3, 1957. Decided March 4, 1957. The provision in a trust instrument […]
AKERLY v. EXPRESS AGENCY, 96 N.H. 396 (1951)
77 A.2d 856 EULAS AKERLY a. v. RAILWAY EXPRESS AGENCY, INC. No. 3927.Supreme Court of New Hampshire Hillsborough. Decided January 2, 1951. In an action to recover damages against an express company for permitting eggs to become frozen or chilled while being transported by it from this state to another, the rights of the parties […]
LESSARD v. SLEEPER, 96 N.H. 268 (1950)
74 A.2d 378 EDGAR P. LESSARD v. WILLIAM H. SLEEPER. No. 3922.Supreme Court of New Hampshire Rockingham. Decided July 6, 1950. By a contract which provided that a deed and mortgage of real estate deposited in escrow would be delivered and title would pass upon payment of a certain sum toward the stipulated purchase price […]
LANE v. BARRON, 64 N.H. 277 (1886)
9 A. 544 LANE v. BARRON. Supreme Court of New Hampshire Hillsborough. Decided December, 1886. A declaration against a surviving partner as endorser of a note may be amended by the addition of a count against him as an individual endorser. ASSUMPSIT. Plea, the general issue, and the statute of limitation. Replication, a new promise […]
RAILROAD v. RAILROAD, 66 N.H. 100 (1889)
20 A. 383 MANCHESTER LAWRENCE RAILROAD v. CONCORD RAILROAD a. Supreme Court of New Hampshire Hillsborough. Decided December, 1889. One railway company which, under a contract, has used the road-bed, rolling-stock, and equipments of another, cannot set up as a defence to a bill in equity by the latter for an accounting and a return […]
REYNOLDS v. COMPANY, 98 N.H. 251 (1953)
98 A.2d 157 JEANNETTE M. REYNOLDS v. BOSTON MAINE TRANSPORTATION COMPANY. No. 4203.Supreme Court of New Hampshire Rockingham. Decided July 1, 1953. Whether or not a motion for discovery should be granted as requested by a bus passenger seeking the names and addresses of all passengers on the bus at the time she sustained injuries […]
O’HAIRE v. BRETON, 102 N.H. 448 (1960)
159 A.2d 805 ROBERT E. O’HAIRE v. ROLAND H. BRETON. No. 4793.Supreme Court of New Hampshire Belknap.Argued February 1, 1960. Decided March 31, 1960. 1. In action for breach of building contract alleging improper installation of a “shallow dug tile well,” evidence of a written inspection report made by an independent consultant at the request […]
ESTATE OF CARGILL v. CITY OF ROCHESTER, 119 N.H. 661 (1979)
406 A.2d 704 ESTATE OF MICHAEL CARGILL RUSSELL CARGILL, ADMINISTRATOR AND FATHER AND NEXT FRIEND OF MICHAEL CARGILL v. THE CITY OF ROCHESTER JOHN MICHAEL MULCAHY, BY HIS FATHER AND NEXT FRIEND, AND JOHN J. MULCAHY, INDIVIDUALLY v. THE CITY OF ROCHESTER No. 78-277Supreme Court of New Hampshire Strafford Decided August 20, 1979 1. Constitutional […]
BAER v. N.H. DEP’T OF EDUC., 160 N.H. 727 (2010)
JAMES BAER a. v. NEW HAMPSHIRE DEPARTMENT OF EDUCATION a. No. 2010-448.Supreme Court of New Hampshire. Merrimack.Submitted: September 9, 2010. Opinion Issued: September 24, 2010. 1. Judgments — Declaratory Judgments —Statutory Provisions Declaratory judgment actions brought pursuant to the Administrative Procedure Act must, as a threshold matter, meet the requirements for standing under the general […]
OPINION OF THE JUSTICES, 101 N.H. 546 (1957)
134 A.2d 279 OPINION OF THE JUSTICES. No. 4606.Supreme Court of New Hampshire Request of House of Representatives.Submitted July 8, 1957. Decided July 23, 1957. 1. A municipal airport authority incorporated as a body politic and established to perform a governmental function is immune from liability for torts arising out of negligence in the performance […]
N.H. BOARD c. v. COMPANY, 90 N.H. 368 (1939)
9 A.2d 513 NEW HAMPSHIRE BOARD OF REGISTRATION IN OPTOMETRY, a. v. SCOTT JEWELRY Co., a. No. 3105.Supreme Court of New Hampshire Hillsborough. Decided November 7, 1939. Equity will not interfere by injunction on the motion of a public official to prevent the violation of a criminal statute when its violation does not constitute a […]
BOUCHER v. BAILEY, 117 N.H. 590 (1977)
375 A.2d 1160 ROGER BOUCHER a. v. OLLIE D. BAILEY No. 7689Supreme Court of New Hampshire Rockingham Decided July 11, 1977 1. Judgments — Conclusiveness — Generally A judgment on the merits concludes the involved parties both as to what was actually litigated and as to everything that might have been litigated. 2. Judgments — […]
APPEAL OF MONTPLAISIR, 147 N.H. 297 (2001)
787 A.2d 178 APPEAL OF MARY ELLEN MONTPLAISIR (New Hampshire Department of Labor) No. 2000-145Supreme Court of New Hampshire Department of Labor Decided December 18, 2001 1. Labor — Regulation — Whistleblowers’ Act In the context of a whistleblower action, both the “pretext” approach and the “mixed motive” approach may be used to assess whether […]
FABIANSKI v. BOUTIN, 117 N.H. 232 (1977)
371 A.2d 1166 EDWARD FABIANSKI v. MAURICE G. BOUTIN a. No. 7534Supreme Court of New Hampshire Cheshire Decided March 31, 1977 1. Estates in Land — Surrender An estate is surrendered by operation of law when the parties do something inconsistent with the continuance of the estate. It is the acts of the parties and […]
MORRILL v. TILNEY, 128 N.H. 773 (1986)
519 A.2d 293 STEVEN D. MORRILL v. ROBERT W. TILNEY, M.D. No. 85-524Supreme Court of New Hampshire Carroll Decided 5, 1986 1. Dismissal and Nonsuit — Grounds for Granting — Lack of Evidence In ruling on a motion for nonsuit, the question before the trial court is whether the plaintiff has introduced sufficient evidence to […]
SATURLEY v. TOWN OF HOLLIS, 129 N.H. 757 (1987)
533 A.2d 29 RUSSELL E. SATURLEY v. TOWN OF HOLLIS, ZONING BOARD OF ADJUSTMENT No. 86-297Supreme Court of New Hampshire Hillsborough Decided October 9, 1987 1. Zoning — Variances — Requisites A zoning board may grant a variance only if the applicant has satisfied five conditions: (1) no diminution in value of surrounding properties would […]
GINGRAS v. STARK ESTATES, 109 N.H. 242 (1968)
248 A.2d 86 ROBERT J. GINGRAS v. STARK ESTATES, INC. No. 5827.Supreme Court of New Hampshire Hillsborough.Argued November 7, 1968. Decided November 26, 1968. 1. In an action to recover a real estate commission on the sale of land under an agreement between the buyer and seller which contemplated that the buyer would lay out […]
DIONNE v. COMPANY, 76 N.H. 17 (1911)
78 A. 923 DIONNE v. AMERICAN LOCOMOTIVE CO. Supreme Court of New Hampshire Hillsborough. Decided January 3, 1911. A master is not bound to warn a servant concerning dangers not reasonably to be apprehended in the course of the work. CASE, for negligence. Trial by jury. The court directed a verdict for the defendant, and […]
N.H. MOTOR v. N.H. INS. GUARANTY, 154 N.H. 618 (2006)
NEW HAMPSHIRE MOTOR TRANSPORT ASSOCIATION EMPLOYEE BENEFIT TRUST v. NEW HAMPSHIRE INSURANCE GUARANTY ASSOCIATION a. No. 2006-003.Supreme Court of New Hampshire Merrimack.Argued: September 12, 2006. Opinion Issued: December 21, 2006. 1. Insurance — Regulation and Licensing of Insurers — Insurance Guaranty Laws A trust that is a non-profit multiple-employer welfare arrangement organized to provide a […]
LEWELLYN v. FOLLANSBEE, 94 N.H. 111 (1946)
47 A.2d 572 MARY G. LEWELLYN v. GEORGE W. FOLLANSBEE. No. 3574.Supreme Court of New Hampshire Grafton. Decided June 4, 1946. A defendant in default for lack of appearance is not entitled to notice of application for a judgment or the hearing to assess damages. The Trial Court may, in his discretion, deny an application […]
NARDINI c. CO. v. STERLING CO., 93 N.H. 364 (1945)
42 A.2d 325 NARDINI’S RESTAURANT, INC. v. THE STERLING RESTAURANT Co., INC. a. No. 3523.Supreme Court of New Hampshire Merrimack. Decided May 1, 1945. In a bankruptcy sale of the good will and use of a trade name of a business with a reservation to the bankrupt of the use of his own name, that […]
McCONNELL v. LAMONTAGNE, 82 N.H. 423 (1926)
134 A. 718 DAVID McCONNELL v. JOSEPH LAMONTAGNE. Supreme Court of New Hampshire Coos. Decided October 5, 1926. A parent is not liable to third parties for necessaries furnished his minor child in the absence of an express or implied contract. The understanding of one of the parties alone as to the existence of a […]
SCHEELE v. VILLAGE DISTRICT, 122 N.H. 1015 (1982)
453 A.2d 1281 GEORGE R. SCHEELE a. v. VILLAGE DISTRICT OF EIDELWEISS a. No. 81-351Supreme Court of New Hampshire Carroll Decided December 10, 1982 1. Res Judicata — Generally — Civil Actions The doctrine of res judicata prevents parties from relitigating matters actually litigated and matters that could have been litigated in the first action. […]
INDEP. MECHANICAL CONTRACTORS v. GORDON T. BURKE SONS, 138 N.H. 110 (1993)
635 A.2d 487 INDEPENDENT MECHANICAL CONTRACTORS, INC. v. GORDON T. BURKE SONS, INC. No. 92-306Supreme Court of New Hampshire Carroll Decided December 23, 1993 1. Appeal and Error — Scope of Review — Record on Review Jury’s verdict awarding damages for breach of contract and defamation will be affirmed if, viewing the evidence in light […]
IN RE GILE ESTATE, 95 N.H. 270 (1948)
61 A.2d 798 IN RE ESTATE OF KATIE E. GILE. No. 3769.Supreme Court of New Hampshire Grafton Probate Court. Decided November 3, 1948. No trust will be implied from a bequest of a life estate to specifically named life tenants of the residue of the testatrix’ estate with the power to use so much of […]
BEDFORD v. RICE, 58 N.H. 446 (1878)
BEDFORD v. RICE. Supreme Court of New Hampshire Hillsborough. Decided August, 1878. Selectmen may appoint health officers if none are chosen by the town. In an action to recover a penalty in the name of a town for violating the regulations of its health officers, it is sufficient to show them to have been officers […]
STATE v. LANGILL, 157 N.H. 77 (2008)
THE STATE OF NEW HAMPSHIRE v. RICHARD LANGILL. No. 2007-300.Supreme Court of New Hampshire. Rockingham.Argued: February 13, 2008. Opinion Issued: April 4, 2008. 1. Evidence — Expert Testimony —Methodology The statute governing expert witness testimony does not limit the trial court to preliminarily assessing only whether the principles or methods are applicable to an issue […]
TUTTLE’S PETITION, 80 N.H. 36 (1921)
112 A. 397 PETITION OF WILLIAM S. TUTTLE, Ex’r. Supreme Court of New Hampshire Cheshire. Decided January 4, 1921. A bequest “on condition” that the legatee shall care for and keep in repair certain property may evince an intention to create a trust and not a condition subsequent, the breach of which would cause a […]
BAYSON PROPERTIES v. CITY OF LEBANON, 150 N.H. 167 (2003)
834 A.2d 202 BAYSON PROPERTIES, INC. a. v. CITY OF LEBANON. No. 2002-538.Supreme Court of New Hampshire GraftonArgued: May 7, 2003. Opinion Issued: October 24, 2003. 1. Zoning and Planning — Judicial Review — Standard of Review The same standard of review is applied in appeals brought under the statutes governing appeals from decisions of […]
CRIPPEN v. LAIGHTON, 69 N.H. 540 (1899)
44 A. 538 CRIPPEN a. v. LAIGHTON. Supreme Court of New Hampshire Rockingham. Decided June, 1899. Where a statute provides that, if an execution against a corporation be returned unsatisfied, the judgment creditor may recover of an individual shareholder thereof an amount equal to the par value of his stock, the liability thus imposed is […]
SLEEPER v. DAVIS, 64 N.H. 59 (1886)
6 A. 201 SLEEPER a. v. DAVIS a. Supreme Court of New Hampshire Belknap. Decided June, 1886. The purchaser of goods from one who obtained possession of them by a fraudulent purchase cannot hold them against the original vendor when the consideration of the sale to him was an antecedent debt which he held against […]
PUBLIC SERVICE CO. v. STATE, 102 N.H. 66 (1959)
150 A.2d 810 PUBLIC SERVICE COMPANY a. v. STATE. No. 4708.Supreme Court of New Hampshire Public Utilities Commission.Argued March 3, 1959. Decided April 21, 1959. 1. The authority conferred upon the Public Utilities Commission to determine and prescribe reasonable temporary rates for the duration of a permanent rate proceeding (RSA 378:27) is not limited to […]
SNOOK v. PORTSMOUTH, 90 N.H. 441 (1940)
10 A.2d 654 MARK SNOOK v. PORTSMOUTH. No. 3130.Supreme Court of New Hampshire Rockingham. Decided January 2, 1940. Under the employers’ liability act as extended to city workmen by Laws 1937, c. 147, s. 1 the question is immaterial whether an injured workman would have come within any of the classifications specified in the original […]
HEATH v. VITEK, 115 N.H. 200 (1975)
337 A.2d 345 CARROLL F. JOHNSON HEATH v. JOSEPH C. VITEK, WARDEN, NEW HAMPSHIRE STATE PRISON No. 6972Supreme Court of New Hampshire Rockingham Decided April 30, 1975 1. Plaintiff’s evidence at evidentiary hearing on his petition for writ of habeas corpus that included the record of 1950 case in which he pleaded guilty to offense […]
TILTON v. SANBORN, 59 N.H. 290 (1879)
TILTON v. SANBORN. Supreme Court of New Hampshire Rockingham. Decided December, 1879. The vendee of chattels sold in fraud of the vendor’s creditors cannot set up the vendor’s right of exemption from attachment in defence of an action by the creditors for the recovery of the property. TROVER, for hay. The plaintiff, being a deputy […]
RALLIS v. TOWN OF HAMPTON PLANNING BOARD, 146 N.H. 18 (2001)
766 A.2d 281 GREGORY RALLIS v. TOWN OF HAMPTON PLANNING BOARD. No. 98-788.Supreme Court of New Hampshire Rockingham. Decided February 7, 2001 1. Zoning and Planning — Administration and Enforcement —Procedure Because certification and filing of proposed amendment to subdivision regulations had not taken place, amendment was not yet effective, and planning board was thus […]
CLOUGH v. CLOUGH, 80 N.H. 462 (1922)
119 A. 327 ELIZABETH J. CLOUGH v. HARRY G. CLOUGH. HARRY G. CLOUGH v. ELIZABETH J. CLOUGH. Supreme Court of New Hampshire Hillsborough. Decided November 8, 1922. P. S., c. 225, s. 1, authorizing the taking of “the deposition of any witness in a civil cause,” does not apply to proceedings for divorce. CROSS LIBELS, […]
STATE v. BASINOW, 121 N.H. 815 (1981)
435 A.2d 829 THE STATE OF NEW HAMPSHIRE v. LLOYD G. BASINOW No. 80-218Supreme Court of New Hampshire Hillsborough Decided September 28, 1981 1. Statutes — Construction and Application — Purpose Clear purpose of statute prohibiting any person from obtaining or attempting to obtain controlled drugs by “fraud, deceit, misrepresentation or subterfuge” is to proscribe […]
STATE v. ST. JOHN, 120 N.H. 61 (1980)
410 A.2d 1126 THE STATE OF NEW HAMPSHIRE v. HARRY ST. JOHN No. 79-214Supreme Court of New Hampshire Hillsborough Decided January 31, 1980 1. Witnesses — Competency — Infants Question of competency of child witness is a matter for trial court to determine. 2. Witnesses — Competency — Infants Evidence supported finding of competency of […]
POWELL v. T. A. C. TAXI CO., 104 N.H. 428 (1963)
188 A.2d 654 EDITH M. POWELL v. T. A. C. TAXI a. No. 5093.Supreme Court of New Hampshire Strafford.Argued January 2, 1963. Decided February 21, 1963. 1. Where a motor vehicle liability insurer afforded coverage to the insured in the limit of $10,000 and agreed to “pay . . . all costs taxed against the […]
STATE v. CRATE, 141 N.H. 489 (1996)
686 A.2d 318 THE STATE OF NEW HAMPSHIRE v. DUANE CRATE No. 95-738Supreme Court of New Hampshire Grafton Decided December 10, 1996 1. Criminal Law — Double Jeopardy — Particular Cases By its plain language, each of the statutory variants of aggravated felonious sexual assault listed under RSA 632-A:2, I, requires proof of an element […]
CATE v. FURBER, 56 N.H. 224 (1875)
CATE v. FURBER. Supreme Court of New Hampshire CARROLL COUNTY. Decided December 7, 1875. Quo warranto — Irregularity in elections — Acquiescence. Upon a petition for a writ of quo warranto, to inquire by what right a person holds the office of prudential committee of a school district, the writ will be denied when it […]
GATHERCOLE v. BEDEL, 65 N.H. 211 (1889)
18 A. 319 GATHERCOLE v. BEDEL. Supreme Court of New Hampshire Coos. Decided June, 1889. A creditor who, by proving his claim, assents to an assignment by his debtor under the statute for the benefit of his creditors, cannot maintain a suit at law for the recovery of the same. Page 212 ASSUMPSIT, to recover […]
ARANSON v. SCHROEDER, 140 N.H. 359 (1995)
671 A.2d 1023 MARK AND KATHY ARANSON v. ROBERT H. SCHROEDER a. Nos. 93-519, 93-527, 93-564Supreme Court of New Hampshire Carroll Decided October 31, 1995 1. Torts — Particular Torts — Malicious Prosecution Although separate and distinct, malicious prosecution and abuse of process have the common element of an improper purpose in the use of […]
STATE v. CYRS, 129 N.H. 497 (1987)
529 A.2d 947 THE STATE OF NEW HAMPSHIRE v. MICHAEL D. CYRS MICHAEL CYRS v. MICHAEL CUNNINGHAM, WARDEN, THE NEW HAMPSHIRE STATE PRISON No. 86-382Supreme Court of New Hampshire Grafton Merrimack Decided July 22, 1987 1. Constitutional Law — Right to Effective Counsel — Conflict of Interest In claims of ineffective assistance of counsel based […]
IN RE GUARDIANSHIP OF BRITTANY S., 147 N.H. 489 (2002)
792 A.2d 384 IN RE GUARDIANSHIP OF BRITTANY S. No. 2000-592Supreme Court of New Hampshire Merrimack County Probate CourtArgued: November 14, 2001 Decided: March 11, 2002 1. Parent and Child — Generally — Parental Rights and Duties The right to raise and care for one’s children is a fundamental liberty interest protected by the New […]
HITCHINS v. PETTINGILL, 58 N.H. 3 (1876)
HITCHINS a. v. PETTINGILL a. Supreme Court of New Hampshire Rockingham. Decided December, 1876. When, in a deed, a part of the land bargained and paid for is omitted, by the fraud of the grantor, he may be compelled to convey it to the grantee, although the grantee, by the exercise of ordinary care, would […]
STATE v. BELMESTIERI, 93 N.H. 262 (1945)
40 A.2d 836 STATE v. ADAM BELMESTIERI. No. 3508.Supreme Court of New Hampshire Municipal Court of Portsmouth. Decided January 2, 1945. The jurisdiction conferred upon municipal courts in criminal cases is granted subject to appeal to the Superior Court, and in the absence of a waiver of appeal the right is not barred by a […]
KEY BANK OF MAINE v. LATSHAW, 140 N.H. 634 (1996)
670 A.2d 1041 KEY BANK OF MAINE v. JOHN H. LATSHAW, SR. a. No. 94-529Supreme Court of New Hampshire Hillsborough-southern judicial district Decided February 7, 1996 1. Trusts — Trustees — Duties, Rights, and Liabilities The remedy of the plaintiff, if the trustee neglects or refuses to deliver the goods for which he is adjudged […]
ROYER v. BROWN, 98 N.H. 42 (1953)
93 A.2d 667 MAURICE F. ROYER v. NEWELL BROWN, Director. No. 4182.Supreme Court of New Hampshire Hillsborough. Decided January 6, 1953. An individual is not disqualified from receiving unemployment compensation benefits under R. L., c. 218, as amended, by virtue of the fact that he has filed for compensation under Title IV of the federal […]
STATE v. HOULE, 120 N.H. 160 (1980)
412 A.2d 736 THE STATE OF NEW HAMPSHIRE v. OSCAR HOULE No. 79-211Supreme Court of New Hampshire Strafford Decided March 5, 1980 1. Appeal and Error — Preservation of Questions — Failure To Present Below Where experienced defense counsel registered no objections or exceptions, at trial, that in any way related to the issues briefed […]
IN RE QUIRIN ESTATE, 116 N.H. 845 (1976)
367 A.2d 594 IN RE LOUISE W. QUIRIN ESTATE No. 7554Supreme Court of New Hampshire Rockingham County Probate Court Decided December 30, 1976 1. A nonresident cannot as a matter of right claim appointment in this State as an executor or trustee of an estate, but he may be appointed as an executor or trustee […]
RAYMOND v. BUJOLD, 89 N.H. 380 (1938)
199 A. 91 BERL S. RAYMOND v. HENRY BUJOLD. Supreme Court of New Hampshire Coos. Decided May 3, 1938. Under P.L., c. 150, ss. 23, 24, giving a remedy for damage occasioned by a dog “not owned or kept by” the person damaged, the word “kept” implies more than a mere harboring of the animal […]
RAMSEY v. FELLOWS, 58 N.H. 607 (1879)
RAMSEY a. v. FELLOWS a. Supreme Court of New Hampshire Grafton. Decided March, 1879. If the assignee of a bankrupt refuses to prosecute a right of action pending at the date of the commencement of bankruptcy proceedings, a suit of the bankrupt founded upon such right of action will not for that reason be dismissed, […]
SARGENT v. LITTLE, 72 N.H. 555 (1904)
58 A. 44 SARGENT v. LITTLE a. COLE a. v. SAME. Supreme Court of New Hampshire Grafton. Decided May 3, 1904. No action can be maintained against the members of the state board of license commissioners, in their official capacity, to recover fees and forfeitures paid to their treasurer in the regular course of business. […]
STATE v. WILLIAMS, 115 N.H. 437 (1975)
343 A.2d 29 STATE OF NEW HAMPSHIRE v. JOSEPH J. WILLIAMS No. 7199Supreme Court of New Hampshire Rockingham Decided July 31, 1975 1. As a general rule of evidence, testimony given at a former hearing pursuant to a voluntary and understanding waiver of the privilege against self-incrimination is admissible at any subsequent trial. 2. Although […]
GALLEY v. WARD, 60 N.H. 331 (1880)
GALLEY v. WARD a. Supreme Court of New Hampshire Hillsborough. Decided December, 1880. A purchaser or an attaching creditor may be bound by constructive notice of the title of a stranger who is in possession of land under an unrecorded deed, although the claimant was not aware of that possession. BILL IN EQUITY, to set […]
DANIELS v. DANIELS, 56 N.H. 219 (1875)
DANIELS v. DANIELS. Supreme Court of New Hampshire FROM STRAFFORD CIRCUIT COURT. Decided December 7, 1875. Divorce — Signing of Libel. If a libel for divorce is not actually signed by the libellant, the signature must be written in her presence and by her direction in order to answer the requirements of the statute. FROM […]
D. M. HOLDEN, INC. v. CONTRACTOR’S CRANE SERV., INC., 121 N.H. 831 (1981)
435 A.2d 529 D. M. HOLDEN, INC. v. CONTRACTOR’S CRANE SERVICE, INC. a. No. 80-300Supreme Court of New Hampshire Hillsborough Decided October 1, 1981 1. Appeal and Error — Findings — Evidence The findings and rulings of a master will be upheld on review unless they are unsupported by the evidence or are erroneous as […]
WOODMAN v. PRESCOTT, 66 N.H. 375 (1890)
22 A. 456 WOODMAN v. PRESCOTT. Supreme Court of New Hampshire Rockingham. Decided December, 1890. In an action for malicious prosecution, it is a sufficient termination of the proceeding complained of to enable the plaintiff to bring his action, if it has been terminated in his favor, without procurement or compromise on his part, in […]
LATOUR v. PRODUCERS DAIRY, 102 N.H. 5 (1959)
148 A.2d 655 JOHN LATOUR v. PRODUCERS DAIRY, INC. AND AMERICAN MUTUAL LIABILITY INSURANCE CO. No. 4696.Supreme Court of New Hampshire Hillsborough.Argued February 3, 1959. Decided February 27, 1959. 1. Although the defendant saved no exceptions during the trial of a petition for workmen’s compensation and made no motions until after the Court vacated its […]