LACONIA v. GILMAN. Supreme Court of New Hampshire Belknap. Decided March 11, 1875. Towns have a qualified interest in the highways within their limits, which they have constructed and are bound to keep in repair, and may maintain case for their obstruction. CASE, by the town of Laconia against Hiram Gilman, for building a stone […]
Category: New Hampshire Court Opinions
McCRILLIS v. COMPANY, 85 N.H. 165 (1931)
155 A. 410 GEORGE E. McCRILLIS v. AMERICAN HEEL CO. Supreme Court of New Hampshire Hillsborough. Decided June 2, 1931. A contract for a year of employment not to commence until subsequent to the date of the contract is within the statute of frauds. Specific performance of contracts of service not to be performed within […]
ARSENAULT v. ABBOTT FURNITURE CORP., 122 N.H. 521 (1982)
446 A.2d 1174 CHRISTOPHER J. ARSENAULT v. ABBOTT FURNITURE CORPORATION a. No. 81-326Supreme Court of New Hampshire Original Decided June 9, 1982 1. Constitutional Law — Equal Protection — Classifications Since the statute under the workmen’s compensation act that governs scheduled permanent impairment awards does not abridge a fundamental constitutional right, adversely affect a suspect […]
IN RE N.H., 155 N.H. 201 (2007)
APPEAL OF NEW HAMPSHIRE DEPARTMENT OF SAFETY (New Hampshire Public Employee Labor Relations Board). No. 2005-386.Supreme Court of New Hampshire Public Employee Labor Relations Board.Argued: November 8, 2006. Opinion Issued: April 17, 2007. 1. Labor — Labor Unions — Collective Bargaining Agreements Where, in addition to determining that the language used by the parties in […]
STATE v. BECKMAN, 58 N.H. 399 (1878)
STATE v. BECKMAN. Supreme Court of New Hampshire Rockingham. Decided August, 1878. A stake and stones, set up by a committee appointed by the probate court to make partition of land between tenants in common, do not constitute a boundary of lands within the proviso of Gen. St., c. 260, s. 1, until the report […]
GRAFTON ETC. CO. v. STATE, 77 N.H. 490 (1915)
93 A. 1028 GRAFTON COUNTY ELECTRIC LIGHT AND POWER CO. a. v. STATE. Supreme Court of New Hampshire Decided April 6, 1915. Where an electric light and power company asks permission to acquire the physical properties of other similar corporations and to issue stock and bonds in a stipulated amount in payment therefor, a finding […]
LATON v. BALCOM, 64 N.H. 92 (1886)
6 A. 37 LATON v. BALCOM. Supreme Court of New Hampshire Hillsborough. Decided June, 1886. The husband of a mortgagee of land cannot acquire title to the mortgaged premises, as against his wife, by purchase at a tax sale thereof. Page 93 WRIT OF ENTRY. Facts found by a referee. The plaintiff claimed title by […]
KNOWLTON v. HOIT, 67 N.H. 155 (1891)
30 A. 346 KNOWLTON a. v. HOIT. Supreme Court of New Hampshire Hillsborough. Decided December, 1891. A person is not liable for damages resulting from the negligence or misfeasance of another in the performance of a lawful contract, unless the relation of master and servant, or principal and agent, exists, and the employer retains the […]
BEDFORD SCHOOL DIST. v. CARON CONSTR. CO., 116 N.H. 800 (1976)
367 A.2d 1051 BEDFORD SCHOOL DISTRICT v. CARON CONSTRUCTION CO., INC. CARON CONSTRUCTION CO., INC. v. A. W. THERRIEN COMPANY, INC. No. 7441Supreme Court of New Hampshire Hillsborough Decided December 30, 1976 1. Under the settlement agreement disclosed before trial, the plaintiff school district voluntarily nonsuited itself with prejudice against the defendant architect, agreed to […]
ATTORNEY-GENERAL v. REMICK, 71 N.H. 480 (1902)
53 A. 308 ATTORNEY-GENERAL (ex rel. DOE a.) v. REMICK. Supreme Court of New Hampshire Strafford. Decided October 7, 1902. Under section 5, chapter 209, Laws 1901, the city council of Somersworth are not required to vote by ballot in the election of a city clerk. INFORMATION, in the nature of a quo warranto, to […]
HARTFORD ACCIDENT c. CO. v. CUTTER, 108 N.H. 112 (1967)
229 A.2d 173 HARTFORD ACCIDENT AND INDEMNITY CO. v. JACKSON G. CUTTER a. No. 5467.Supreme Court of New Hampshire Strafford.Argued January 4, 1967. Decided April 28, 1967. 1. A written statement to a liability insurer by the insured, who later became a defendant in a declaratory judgment action, concerning the details of the accident was […]
FRIZZELL v. PULSIFER, 87 N.H. 99 (1934)
174 A. 409 CARROLL FRIZZELL v. TAPPAN C. PULSIFER. Supreme Court of New Hampshire Coos. Decided September 4, 1934. Where a contract for the sale of chattels is conditional upon something remaining to be done to ascertain their quality or state, title does not pass until the required quality or state has been ascertained, but […]
HARTSHORN v. HARTSHORN, 67 N.H. 163 (1891)
27 A. 88 HARTSHORN, Ex’r, v. HARTSHORN. Supreme Court of New Hampshire Hillsborough. Decided December, 1891. A void note is not a payment of the debt for which it is given, and the acceptance of it is not a discharge of the maker from his liability. ASSUMPSIT, upon the defendant’s promissory note, with counts for […]
APPEAL OF CITY OF LACONIA, 147 N.H. 495 (2002)
792 A.2d 393 APPEAL OF CITY OF LACONIA (New Hampshire Public Employee Labor Relations Board) No. 00-458Supreme Court of New Hampshire Public Employee Labor Relations BoardArgued: January 15, 2002 Decided: March 12, 2002 1. Labor — Labor Unions — Membership In proceeding brought to modify fire department’s collective bargaining unit to exclude lieutenants and captains, […]
PETITION OF ATKINS, 126 N.H. 577 (1985)
493 A.2d 1203 PETITION OF DIANA ATKINS a. No. 83-507Supreme Court of New Hampshire Strafford County Probate Court Decided May 28, 1985 1. Constitutional Law — Right to Jury Trial — Generally There is no constitutional right to a jury trial in probate matters. 2. Jury — Right to Jury Trial — Common Law A […]
BEATSON v. HARRIS, 60 N.H. 83 (1880)
BEATSON a. v. HARRIS. Supreme Court of New Hampshire Sullivan. Decided June, 1880. A release of a suit or cause of action by one of two plaintiffs, copartners, made by a fraudulent connivance with the defendant, is void. ASSUMPSIT, for goods sold. The plaintiffs had been former partners in business, and sold the goods to […]
IN RE FARWELL ESTATE, 106 N.H. 61 (1964)
204 A.2d 239 IN RE JOHN L. FARWELL ESTATE. No. 5250.Supreme Court of New Hampshire Sullivan Probate Court.Argued September 11, 1964. Decided November 4, 1964. 1. If a will makes a gift to the testator’s heirs and the will construed as a whole demonstrates a plan to determine the heirs at some time other than […]
WHELAN’S CASE, 136 N.H. 559 (1992)
619 A.2d 571 WHELAN’S CASE No. LD-90-027Supreme Court of New Hampshire Original Decided December 31, 1992 1. Appeal and Error — Findings — Referee’s Findings Standard of review for findings made by judicial referee in attorney discipline proceedings is whether a reasonable person could reach same conclusion as referee based upon evidence presented at hearing. […]
LAMPREY v. H. P. HOOD SONS, 73 N.H. 384 (1905)
62 A. 380 LAMPREY v. H. P. HOOD SONS. Supreme Court of New Hampshire Rockingham. Decided November 7, 1905. An entry of nolle prosequi which was not procured by the respondent in a criminal proceeding, nor made in consequence of a compromise to which he was a party, is a sufficient termination of the case […]
STATE v. STEWART, 116 N.H. 585 (1976)
364 A.2d 621 STATE OF NEW HAMPSHIRE v. ROBERT E. STEWART No. 7421Supreme Court of New Hampshire Hillsborough Decided September 30, 1976 1. On the record in this case, the media publicity complained of was not in its character and intensity so massive, persuasive and prejudicial as to create inherent prejudice that prevented the defendant […]
FOREST v. JACKSON, 56 N.H. 357 (1876)
FOREST v. JACKSON. Supreme Court of New Hampshire FROM CARROLL CIRCUIT COURT. Decided March 22, 1876. Deed — Construction — Notice — Adverse possession — Color of title — Trover — Statute of limitations. In the construction of deeds, the rule requires that the whole deed shall be construed together; that every part of it […]
CAMP v. HILLIARD, 58 N.H. 42 (1876)
CAMP v. HILLIARD. Supreme Court of New Hampshire Sullivan. Decided December, 1876. A review, whether prosecuted by writ or order, is so far a new action that a judgment in it is not secured by an attachment made in the original suit. WRIT OF ENTRY, to recover a tract of land, attached when it belonged […]
ADAMS v. LANDRY, 93 N.H. 74 (1943)
35 A.2d 510 MYRON ADAMS v. DELVINA LANDRY. HAZEL ADAMS v. SAME. DELVINA LANDRY v. MYRON ADAMS. ALFRED LANDRY (two actions) v. SAME. No. 3444.Supreme Court of New Hampshire Merrimack. Decided December 7, 1943. R. L., c. 107, ss. 7, 8 conferring on the Highway Commissioner certain duties relating to stop signs and the control […]
SHULINSKY v. RAILROAD, 83 N.H. 86 (1927)
139 A. 189 NATHAN SHULINSKY v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Sullivan. Decided June 7, 1927. If during the proceeding of organizing the jury and under the court’s authority information which proves to be false is given by one party to the other who in reliance thereon waives a challenge, the verdict […]
LORD v. WENTWORTH, 68 N.H. 610 (1895)
36 A. 17 LORD v. WENTWORTH. Supreme Court of New Hampshire Carroll. Decided December, 1895. TRESPASS, quare clausum. March 11, 1875, Nathaniel Willey owned a large rectangular lot of land bounded westerly by the “old road” and southerly by the “new road.” In the corner formed by the junction of the two roads was a […]
INSURANCE COMM’R v. INSURANCE CO., 68 N.H. 51 (1894)
44 A. 82 INSURANCE COMMISSIONER v. PEOPLE’S FIRE INSURANCE CO. Supreme Court of New Hampshire Hillsborough. Decided June, 1894. Under a provision in a policy of insurance that it may be terminated at the request of the insured, previous notice of his intention to surrender it to the company for cancellation is unnecessary. The amount […]
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 […]
MARTIN v. WHITNEY, 74 N.H. 505 (1908)
69 A. 888 MARTIN v. WHITNEY. Supreme Court of New Hampshire Merrimack. Decided May 5, 1908. A non-resident is privileged from summons upon civil process while in attendance as a witness at the trial of a cause in the courts of this state, and an action thus begun is subject to abatement for want of […]
APPEAL OF BECKMAN, 131 N.H. 315 (1988)
553 A.2d 288 APPEAL OF ELLSWORTH BECKMAN, JR. (New Hampshire Department of Employment Security) No. 88-012Supreme Court of New Hampshire Department of Employment Security Decided December 29, 1988 1. Unemployment Compensation — Judicial review — Tests and Standards Finding of fact by an appeal tribunal of the department of employment security will not be disturbed […]
NIEDZIELSKI v. ST. PAUL FIRE MARINE INS. CO, 134 N.H. 141 (1991)
589 A.2d 130 EUGENE NIEDZIELSKI, JANE DOE a. v. ST. PAUL FIRE MARINE INSURANCE COMPANY No. 89-560Supreme Court of New Hampshire Rockingham Decided April 23, 1991 1. Insurance — Construction of Contracts — Professional Services The question of coverage under a professional liability insurance policy is determined by the nature of the tortious act, and […]
LABONTE v. LACASSE, 78 N.H. 489 (1917)
102 A. 540 DESIRE C. LABONTE a v. WILLIAM LACASSE. WILLIAM LACASSE v. DESIRE C. LABONTE a. Supreme Court of New Hampshire Hillsborough. Decided November 6, 1917. A decree cannot be entered upon a mere draft for a decree and a statement of the case, which were drawn by a deceased justice of the superior […]
SQUIRE v. MUDGETT, 61 N.H. 149 (1881)
SQUIRE v. MUDGETT. Supreme Court of New Hampshire Belknap. Decided December, 1881. By c. 1, s. 33, Laws of 1868 (G. L., c. 138, s. 1), a debtor is not entitled to a homestead in the estate of his wife either before or after her decease. The statute of 1878, c. 22, ss. 1, 2, […]
APPEAL OF PENNICHUCK WATER WORKS, 120 N.H. 562 (1980)
419 A.2d 1080 APPEAL OF PENNICHUCK WATER WORKS (New Hampshire Public Utilities Commission) No. 79-143Supreme Court of New Hampshire Public Utilities Commission Decided September 10, 1980 1. Public Utilities — Regulatory Agencies — Jurisdiction Public utilities commission, in determining rates charged by public utilities, performs essentially a legislative function and, accordingly, cannot exceed the limitations […]
FOUND v. HCA HEALTH SERVS., 157 N.H. 487 (2008)
953 A.2d 420 FOUNDATION FOR SEACOAST HEALTH v. HCA HEALTH SERVICES OF NEW HAMPSHIRE, INC. a. No. 2007-537.Supreme Court of New Hampshire. Rockingham.Argued: May 22, 2008. Opinion Issued: July 15, 2008. 1. Vendor and Purchaser — Generally — Rightof First Refusal The plain and unambiguous language of a right of first refusal provision contained in […]
STATE v. JOHNSON, 96 N.H. 4 (1949)
69 A.2d 515 STATE v. ALBERT W. JOHNSON. No. 3839.Supreme Court of New Hampshire Merrimack. Decided November 1, 1949. A respondent who pleads not guilty by reason of mental derangement to an aggrevated [aggravated] assault (R. L., c. 429, s. 3) may be committed to the state prison. Aggravated assault is a felony. The word […]
GERRISH v. CLARK, 64 N.H. 492 (1887)
13 A. 870 GERRISH a. v. CLARK. Supreme Court of New Hampshire Coos. Decided December, 1887. A stipulation that the bailee of chattels shall pay a stated sum monthly as rent for the use thereof, and that, when the price fixed upon the goods is in that way fully paid, they shall become the property […]
GRACE v. COMPANY, 95 N.H. 74 (1948)
57 A.2d 619 MABEL GRACE a. v. PROCTER GAMBLE COMPANY. PROCTER GAMBLE DISTRIBUTING COMPANY, Trustee. No. 3709.Supreme Court of New Hampshire Hillsborough. Decided March 2, 1948. The question of whether a foreign corporation is doing business within this state and therefore liable in trustee process in the same manner as a domestic corporation (R.L., c. […]
YORK v. YORK MARKET CO., 68 N.H. 419 (1895)
37 A. 1038 YORK a. v. YORK MARKET CO. Supreme Court of New Hampshire Hillsborough. Decided December, 1895. If the treasurer of one corporation deposit its funds to the credit of another corporation with the management of which he is concerned, the relation of debtor and creditor is not created thereby; and the corporation whose […]
FREEMAN v. SCAHILL, 92 N.H. 471 (1943)
32 A.2d 817 JOSEPHINE FREEMAN v. NORA C. SCAHILL. LOUIE R. H. FREEMAN v. SAME. No. 3418.Supreme Court of New Hampshire Rockingham. Decided June 25, 1943. Where the owner of a car is driven in it by her husband, she having full power to control his actions, and there being no relationship of bailor and […]
CHASE v. AMERIQUEST MORTGAGE, 155 N.H. 19 (2007)
JOY A. CHASE v. AMERIQUEST MORTGAGE COMPANY. No. 2006-236.Supreme Court of New Hampshire Grafton.Argued: January 5, 2007. Opinion Issued: February 21, 2007. 1. Property — Homestead — Exceptions to Homestead Exemption Where there was no dispute that a mortgage was not “a mortgage made at the time of purchase to secure payment of the purchase […]
STATE v. VARRELL, 58 N.H. 148 (1877)
STATE v. VARRELL. Supreme Court of New Hampshire Belknap. Decided August, 1877. Under a statute authorizing the establishment of a police court in any town which by vote provides “a suitable compensation, not less than $100 per annum, for the justice,” a vote of a town directing “that the compensation of such justice shall be […]
GOODRICH v. WOODSOME, 78 N.H. 488 (1917)
102 A. 533 WILLIAM S. GOODRICH, Assignee, v. JOHN H. WOODSOME a. Supreme Court of New Hampshire Rockingham. Decided November 6, 1917. If an insolvent corporation assign and convey all its property in trust for all its creditors, of whom some ratify the transaction and agree to accept their proportionate share of the proceeds arising […]
STILPHEN v. FLANAGAN, 92 N.H. 307 (1943)
31 A.2d 308 GEORGE F. STILPHEN v. THOMAS F. FLANAGAN a. No. 3369.Supreme Court of New Hampshire Rockingham. Decided February 2, 1943. Devise “to my two daughters” of “my family residence . . . in common,” but in case either of them “should die leaving no issue surviving, then the share of the one so […]
MARCHAND v. COMPANY, 95 N.H. 422 (1949)
65 A.2d 468 NETTIE MARCHAND a. v. PUBLIC SERVICE COMPANY a. No. 3786.Supreme Court of New Hampshire Hillsborough. Decided April 5, 1949. It is within the Trial Court’s discretion whether evidence which is only cumulative in effect should be excluded. So a diagram formerly made by the witness may be excluded in the sound discretion […]
TRASK v. WINGATE, 63 N.H. 474 (1885)
3 A. 926 TRASK v. WINGATE. Supreme Court of New Hampshire Rockingham. Decided December, 1885. It is no defence to an action by the indorsee of a promissory note against the maker, that the note was without consideration as between the maker and payee; and it is immaterial that the note was received by the […]
O’BRIEN v. MANCHESTER YARN MILLS, 95 N.H. 118 (1948)
59 A.2d 172 CATHERINE O’BRIEN v. MANCHESTER YARN MILLS. No. 3717.Supreme Court of New Hampshire Hillsborough. Decided May 4, 1948. A claimant who qualifies to receive workmen’s compensation is entitled to have his award computed under the section of the Act which would be most beneficial to him. Where an accidental personal injury, within the […]
ROMAN CATHOLIC BISHOP v. NYHAN, 110 N.H. 416 (1970)
270 A.2d 906 ROMAN CATHOLIC BISHOP OF MANCHESTER a. v. MARJORIE W. NYHAN. No. 6001-a.Supreme Court of New Hampshire Merrimack. Decided October 30, 1970. 1. RSA 524:1-b, as inserted by Laws 1967, ch. 407, required the payment of interest upon all awards of workmen’s compensation found to be due under RSA ch. 281, including awards […]
RAILROAD v. RAILROAD, 66 N.H. 560 (1891)
31 A. 17 NORTHERN RAILROAD v. MANCHESTER NORTH WEARE RAILROAD a. Supreme Court of New Hampshire Merrimack. Decided June, 1891. A statute authorizing a railroad company to discontinue its road is not a delegation of legislative power. The charter of the Manchester North Weare Railroad (Laws 1858, c. 2,155), authorizing that company to buy the […]
BOULEY v. NASHUA, 106 N.H. 79 (1964)
205 A.2d 38 JOHN L. BOULEY a. v. NASHUA a. No. 5263.Supreme Court of New Hampshire Hillsborough.Argued November 4, 1964. Decided November 30, 1964. 1. The granting of a variance (RSA 31:72 III) from the terms of a zoning ordinance to permit the erection of a filling station on a vacant lot of land in […]
HALL v. KOCH, 119 N.H. 639 (1979)
406 A.2d 962 HALL, MORSE, GALLAGHER ANDERSON v. KOCH KOCH AND RICHARD W. YOUNG, EXECUTOR, ESTATE OF JEANNETTE E. CROWLEY, TRUSTEE No. 78-254Supreme Court of New Hampshire Merrimack Decided August 20, 1979 1. Court Rules — Time for Filing — Reserved Case Even if plaintiffs did not technically comply with timing requirements of filing a […]
IN RE ALFRED P., 126 N.H. 628 (1985)
495 A.2d 1264 In re ALFRED P. No. 84-543Supreme Court of New Hampshire Merrimack County Probate Court Decided June 17, 1985 1. Res Judicata — Generally — Civil Actions The doctrine of res judicata precludes the litigation in a later case of matters actually litigated, and matters that could have been litigated, in an earlier […]
KEY BANK OF MAINE v. LATSHAW, 137 N.H. 665 (1993)
633 A.2d 952 KEY BANK OF MAINE v. JOHN H. LATSHAW, SR. KEY BANK OF MAINE v. JOHN H. LATSHAW, SR. AND MURIEL LATSHAW No. 92-541Supreme Court of New Hampshire Hillsborough-northern judicial district Decided November 10, 1993 1. Criminal Law — Self-Incrimination — Civil Proceedings State privilege against self-incrimination may be invoked if it is […]
WENTWORTH v. WENTWORTH, 77 N.H. 400 (1914)
92 A. 733 CHARLES C. WENTWORTH v. SUSAN J. WENTWORTH. Supreme Court of New Hampshire Rockingham. Decided December 1, 1914. Where a bequest in trust is invalid by reason of the rule against perpetuities, the intention of the testator may be effectuated so far as possible by limiting the duration of the trust to the […]
ATTORNEY GEN. v. ROCHESTER TRUST CO., 115 N.H. 74 (1975)
333 A.2d 718 ATTORNEY GENERAL BY G. WELLS ANDERSON, DIRECTOR OF CHARITABLE TRUSTS v. ROCHESTER TRUST COMPANY, TRUSTEE u.w. OF GEORGE P. FURBUSH a. No. 6959Supreme Court of New Hampshire Strafford Decided February 28, 1975 1. The statute creating the office of the director of charitable trusts does not impose any statutory limitations on the […]
STATE v. NEW HAMPSHIRE GAS ELECTRIC CO., 86 N.H. 16 (1932)
163 A. 724 STATE OF NEW HAMPSHIRE v. NEW HAMPSHIRE GAS ELECTRIC COMPANY. AND DERRY ELECTRIC COMPANY, App’ts. Supreme Court of New Hampshire Decided October 4, 1932. Under P. L., c. 240, ss. 28, 29, requiring the consent of the public service commission to the transfer of the works or system of a public utility, […]
SMITH v. BANK, 72 N.H. 4 (1903)
54 A. 385 SMITH a. v. BANK OF NEW ENGLAND. Supreme Court of New Hampshire Hillsborough. Decided January 7, 1903. A contract whereby one corporation agrees to hold as trustee securities pledged for the payment of certificates of deposit issued by another corporation, to rate such securities at their actual worth according to the best […]
GOWING v. LEHMANN, 98 N.H. 414 (1953)
101 A.2d 463 GENE GOWING v. PAUL LEHMANN. No. 4253.Supreme Court of New Hampshire Cheshire.Submitted November 5, 1953. Decided December 31, 1953. An easement in a deed to the plaintiff to take water from an artesian well upon the land of the defendant “as . . . used and taken” at the time the land […]
OPINION OF THE JUSTICES, 86 N.H. 603 (1933)
167 A. 160 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided May 31, 1933. A bill which after its passage by both houses of the legislature has been presented to the governor becomes a law unless within five days thereafter, Sundays excepted, it be returned by him “to that house in which it […]
STATE v. CARROLL, 120 N.H. 458 (1980)
417 A.2d 8 THE STATE OF NEW HAMPSHIRE v. RICHARD H. CARROLL No. 79-131Supreme Court of New Hampshire Rockingham Decided June 25, 1980 1. Trial — Argument of Counsel — Closing Argument Although prosecutor may not introduce facts not in evidence during his closing argument, he may argue facts that can reasonably be inferred from […]
PARKER v. STEVENS, 59 N.H. 203 (1879)
PARKER v. STEVENS a. Supreme Court of New Hampshire Grafton. Decided June, 1879. On a bill in equity to remove a cloud from title, the plaintiff must show his title. BILL IN EQUITY, to remove a cloud from the title to certain real estate claimed to be owned by the plaintiff. Heard on bill and […]
WILCOMB v. DUSTON, 82 N.H. 180 (1926)
131 A. 596 ARTHUR H. WILCOMB, Ex’r, v. FRED K. DUSTON. Supreme Court of New Hampshire Rockingham. Decided January 5, 1926. When the court corrected misstatements of counsel in the course of argument, and counsel acquiesced, a finding that the trial was not rendered unfair by the objectionable argument will not be set aside on […]
DUBY v. APPLE TOWN REALTY, 120 N.H. 438 (1980)
417 A.2d 1 EDWARD L. DUBY, JR. v. APPLE TOWN REALTY, INC. No. 79-254Supreme Court of New Hampshire Merrimack Decided June 18, 1980 Brokers — Misrepresentation — Burden of Proof In action against real estate broker for damages suffered as result of allegedly false representations regarding the state of title to certain land, where purchaser […]
COOK v. CURTIS, 58 N.H. 507 (1878)
COOK a. v. CURTIS a. Supreme Court of New Hampshire Rockingham. Decided December, 1878. By s. 6, of c. 104, Gen. St., requiring the owner or master of a vessel to pay pilot fees, whether he employed a pilot or not, the master was not compelled to surrender the control of his ship to the […]
PETITION OF BARNEY, 142 N.H. 798 (1998)
710 A.2d 408 PETITION OF CATHERINE L. BARNEY (New Hampshire Retirement System) No. 96-455Supreme Court of New Hampshire Original Decided May 19, 1998 1. Public Employees — Retirement System — Eligibility The refusal of the Board of Trustees of the New Hampshire Retirement System to allow petitioner to rescind her withdrawal of membership did not […]
AETNA CASUALTY c. CO. v. SULLIVAN, 83 N.H. 426 (1928)
143 A. 687 AETNA CASUALTY AND SURETY COMPANY a. v. JOHN E. SULLIVAN, Insurance Commissioner. Supreme Court of New Hampshire Strafford. Decided November 7, 1928. The qualification for licensing a foreign insurance company under P. L., c. 275, s. 11, that “the commissioner shall regard it as . . . reliable and entitled to confidence” […]
NICOLAOU v. VT. MUT. INS. CO., 155 N.H. 724 (2007)
GEORGE NICOLAOU v. VERMONT MUTUAL INSURANCE COMPANY. No. 2006-651.Supreme Court of New Hampshire Hillsborough-northern judicial district.Argued: May 23, 2007. Opinion Issued: July 19, 2007. 1. Insurance — Kinds — Fire Insurance The term “specified amount” in the policy value statute cannot refer to a covered structure’s replacement cost — which could not be determined by […]
O’KEEFE v. ASSOCIATED GROCERS, 117 N.H. 132 (1977)
370 A.2d 261 ANNETTE O’KEEFE v. ASSOCIATED GROCERS OF NEW ENGLAND, INC. No. 7476Supreme Court of New Hampshire Hillsborough Decided February 28, 1977 1. Workmen’s Compensation — Death Benefits — Loss of Consortium Death benefits under the workmen’s compensation law are designed to provide a woman with a limited amount of support in lieu of […]
NATIONAL STATE CAPITAL BANK v. CONCORD, 59 N.H. 594 (1879)
NATIONAL STATE CAPITAL BANK v. CONCORD. Supreme Court of New Hampshire Merrimack. June, 1879. Sargent Chase, for the plaintiffs. C. P. Sanborn, for the defendants. The facts in this case were the same as appear in First National Bank v. Concord, ante 75, and the decision was the same.
DeMAURO v. DeMAURO, 142 N.H. 879 (1998)
712 A.2d 623 ANNETTE B. DeMAURO v. JOSEPH M. DeMAURO No. 97-136Supreme Court of New Hampshire Rockingham Decided June 16, 1998 1. Criminal Law — Self-Incrimination — Civil Proceedings A party in a civil proceeding may assert the privilege against self-incrimination to particular questions if the answer to the question could result in criminal liability. […]
STATE v. HUTTON, 108 N.H. 279 (1967)
235 A.2d 117 STATE v. THOMAS E. HUTTON a. No. 5537.Supreme Court of New Hampshire Hillsborough.Argued June 6, 1967. Decided October 31, 1967. 1. In indictments for breaking, entering and larceny in the nighttime the evidence warranted the finding beyond a reasonable doubt that the respondents were in the vicinity of the building where the […]
STATE v. OFFEN, 156 N.H. 435 (2007)
THE STATE OF NEW HAMPSHIRE v. ROBERT OFFEN. No. 2006-946.Supreme Court of New Hampshire. Manchester District Court.Argued: September 13, 2007. Opinion Issued: November 15, 2007. 1. Criminal Law — Arraignment and Pleas — Plea of Guilty A guilty plea must be knowing, intelligent, and voluntary to be valid. 2. Criminal Law — Arraignment and Pleas […]
IANDOLO v. POWELL, COMM’R, 134 N.H. 630 (1991)
595 A.2d 510 RICHARD IANDOLO v. RONALD POWELL, COMMISSIONER No. 90-186Supreme Court of New Hampshire Merrimack Decided August 16, 1991 1. Constitutional Law — New Hampshire Constitution — Retrospective Laws Underlying purpose of State Constitution’s prohibition of promulgation or application of retrospective laws is to prevent the legislature from interfering with the expectations of persons […]
MORSE v. GLOVER, 68 N.H. 119 (1894)
40 A. 396 MORSE v. GLOVER. Supreme Court of New Hampshire Grafton. Decided June, 1894. If A’s cattle, escaping from his pasture into B’s adjoining field through B’s insufficient fence, are by B turned into a highway at a point where no fence intervenes between it and a railroad, and, straying thence upon the railroad, […]
STATE v. LURVEY, 127 N.H. 822 (1986)
508 A.2d 1074 THE STATE OF NEW HAMPSHIRE v. RICHARD LURVEY No. 85-137Supreme Court of New Hampshire Hillsborough Decided April 11, 1986 1. Evidence — Admissibility Generally — Discretion of Court A trial judge has broad discretion to admit or exclude evidence. 2. Evidence — Admissibility Generally — Discretion of Court The determination of whether […]
STATE v. BROWN, 160 N.H. 408 (2010)
THE STATE OF NEW HAMPSHIRE v. MICHAEL BROWN. Nos. 2008-197, 2009-181.Supreme Court of New Hampshire. Rockingham.Argued: February 17, 2010. Opinion Issued: June 30, 2010. 1. Criminal Law — Right to Effective Counsel —Generally The State Constitution and the Sixth and Fourteenth Amendments to the United States Constitution guarantee a criminal defendant reasonably competent assistance of […]
STATE v. DEMOND-SURACE, 162 N.H. 17 (2011)
27 A.3d 793 THE STATE OF NEW HAMPSHIRE v. MARILYN DEMOND-SURACE. No. 2009-109.Supreme Court of New Hampshire. Sullivan.Argued: February 17, 2011. Opinion Issued: May 12, 2011. 1. Trial — Criminal Cases — Conduct of Counsel — Closing Statements The trial court is in the best position to gauge any prejudicial effect that the prosecutor’s conduct […]
SMYTH v. COMPANY, 75 N.H. 403 (1909)
74 A. 870 SMYTH, Adm’r, v. BURGESS SULPHITE FIBRE CO. Supreme Court of New Hampshire Coos. Decided December 7, 1909. In an action against an employer for injuries alleged to have been caused by defective premises, a motion for a nonsuit should be granted when the evidence conclusively shows that there was no concealed danger, […]