287 A.2d 612 EVA G. LUNDERVILLE v. MAYLAND H. MORSE, JR. AND RALPH V. CROSBY, CO-EXECUTORS OF THE ESTATE OF J. PARK GODDARD. No. 6171.Supreme Court of New Hampshire Sullivan. Decided January 31, 1972. 1. A claim against an estate may be presented in any form that notifies the fiduciary of its nature, amount, and […]
Category: New Hampshire Court Opinions
YOUNG v. PREVUE PRODUCTS, INC., 130 N.H. 84 (1987)
534 A.2d 714 GINI YOUNG v. PREVUE PRODUCTS, INC. No. 86-265Supreme Court of New Hampshire Hillsborough Decided November 9, 1987 1. Constitutional Law — Due Process — Civil Remedies and Proceedings In workers’ compensation case challenging the constitutionality of statute barring consortium actions against an employer by the spouse of an injured employee, narrow quid […]
DISTRICT v. MORRILL, 59 N.H. 367 (1879)
SCHOOL-DISTRICT v. MORRILL a. Supreme Court of New Hampshire Merrimack. Decided December, 1879. An existing school-district, however organized, was legalized by Gen. St., c. 78, s. 3. A school-district is entitled to its proportion of school-money, except the literary fund, although no school is kept. Selectmen are liable in an action of debt, under Gen. […]
FOSTER v. TOWN OF HENNIKER, 132 N.H. 75 (1989)
562 A.2d 163 MICHAEL H. FOSTER v. TOWN OF HENNIKER No. 87-473Supreme Court of New Hampshire Merrimack Decided August 9, 1989 1. Taxation — Real Property — Current Use Tax Intent of current use tax statute as it relates to forest land is to provide favorable tax treatment to land that is receiving treatment dealing […]
STATE v. PITTS, 138 N.H. 147 (1993)
635 A.2d 1356 THE STATE OF NEW HAMPSHIRE v. SHAYNE PITTS No. 92-641Supreme Court of New Hampshire Merrimack Decided December 28, 1993 1. Attorneys — Competency of Counsel — Generally The key to an ineffective assistance of counsel claim is a showing of actual prejudice. 2. Criminal Law — Confessions — Generally A written statement […]
STATE v. HAYWARD, 114 N.H. 792 (1974)
330 A.2d 445 STATE OF NEW HAMPSHIRE v. IRVING HAYWARD No. 6412Supreme Court of New Hampshire Rockingham Decided December 31, 1974 1. The admissibility of photographs of the scene or of the victim in criminal cases lies within the discretion of the trial judge who must weigh the probative value of the photographs as against […]
PICKFORD v. ABRAMSON, 84 N.H. 446 (1930)
152 A. 317 ANNIE PICKFORD, Adm’x. v. NATHAN ABRAMSON. Supreme Court of New Hampshire Coos. Decided November 5, 1930. If a landowner directly or by implication induces persons to enter on and pass over his premises, he thereby assumes an obligation that they are in a safe condition, suitable for such use. An owner of […]
ARLEN v. KEENE DISTRICT COURT, 109 N.H. 331 (1969)
251 A.2d 321 STEVEN ARLEN v. KEENE DISTRICT COURT. No. 5890.Supreme Court of New Hampshire Original.Submitted February 5, 1969. Decided March 20, 1969. 1. Review will not be granted on certiorari of a ruling at a preliminary hearing on probable cause excluding testimony by a person present at the hearing whom counsel for the accused […]
STATE v. WIMPFHEIMER, 69 N.H. 166 (1897)
38 A. 786 STATE v. WIMPFHEIMER a. Supreme Court of New Hampshire Strafford. Decided June, 1897. Under a statute providing that officers specially named, and “all other officers necessary for the good government of the city, who are not chosen in the ward meetings or otherwise appointed by law,” shall be elected by the city […]
CHADBOURN v. GILMAN, 63 N.H. 353 (1885)
CHADBOURN a. v. GILMAN and Trustee, and HODSDEN, Claimant. Supreme Court of New Hampshire Carroll. Decided June, 1885. The maker of a negotiable sight draft, not payable in this state, cannot be held as trustee of the payee of the draft. FOREIGN ATTACHMENT. Facts found by the court. July 15, 1884 the Commercial Union Insurance […]
STATE v. PERFETTO, 160 N.H. 675 (2010)
THE STATE OF NEW HAMPSHIRE v. JONATHAN A. PERFETTO. No. 2009-647.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: June 23, 2010. Opinion Issued: September 17, 2010. 1. Probation and Parole — Probation —Conditions To remain at liberty under a suspended sentence is not a matter of right but a matter of grace. Probationers, like parolees […]
CATE v. BLODGETT, 70 N.H. 316 (1900)
48 A. 281 CATE v. BLODGETT. Supreme Court of New Hampshire Hillsborough. Decided June, 1900. The representations of an agent as to the condition of leased premises, of which he had the exclusive care, are not binding upon his principal unless they were made at the time of the contract of letting and constituted a […]
CROSS v. COMPANY, 79 N.H. 116 (1918)
105 A. 411 FRANK H. CROSS v. BERLIN MILLS CO. Supreme Court of New Hampshire Coos. Decided December 3, 1918. A grant, by the owner of land extending to the thread of a stream, of the right to erect and maintain booms for logs, necessarily includes the right to make such use of the bed […]
BISSON v. AIR SERVICE, 91 N.H. 73 (1940)
13 A.2d 821 ANNE K. BISSON, Adm’x v. WINNIPESAUKEE AIR SERVICE, INC. a. No. 3157.Supreme Court of New Hampshire Belknap. Decided May 27, 1940. A servant who temporarily leaves his employer to perform specific work for another becomes his servant during its performance. During such temporary employment the servant is entitled to the benefit of […]
STATE v. CROOKER, 139 N.H. 226 (1994)
651 A.2d 470 THE STATE OF NEW HAMPSHIRE v. JAY CROOKER No. 93-504Supreme Court of New Hampshire Hillsborough-northern judicial district Decided December 19, 1994 1. Indictment and Information — Generally — Bill of Particulars A bill of particulars may be amended at any time, and the amendment may expand the scope of the issues for […]
GOODNOW v. BOND, 59 N.H. 150 (1879)
GOODNOW v. BOND. Supreme Court of New Hampshire Cheshire. Decided June, 1879. A declaration on a written promise to pay the debt of a third person must allege a good consideration for the promise. The recital of a consideration in a written promise to pay the debt of another is not necessary to its sufficiency […]
PITMAN v. GALE, 63 N.H. 75 (1884)
PITMAN v. GALE. Supreme Court of New Hampshire Carroll. Decided June, 1884. When a division of a boundary fence, made by agreement according to the statute, is rendered unequal by a subsequent conveyance of a part of the land on one side of the line, a new division may be made by the fence-viewers, requiring […]
COLBURN v. PERSONNEL COMMISSION, 118 N.H. 60 (1978)
382 A.2d 907 JOHN A. COLBURN v. PERSONNEL COMMISSION No. 7047Supreme Court of New Hampshire Personnel Commission Decided February 3, 1978 1. Administrative Law — Orders and Regulations — Validity Administrative agency must follow its own regulations, and discharge of public employee procured in face of substantial violation of those regulations is invalid. 2. Administrative […]
STOWE v. TAFT, 58 N.H. 445 (1878)
STOWE v. TAFT. Supreme Court of New Hampshire Hillsborough. Decided August, 1878. If personal property in the possession of a third person is sold in his presence, it is a sufficient explanation of the want of a change of possession to protect it from the creditors of the vendor, unless there is fraud in fact. […]
STATE v. GRIMSHAW, 128 N.H. 431 (1986)
515 A.2d 1201 THE STATE OF NEW HAMPSHIRE v. ALAN GRIMSHAW, JR. No. 85-378Supreme Court of New Hampshire Cheshire Decided August 7, 1986 1. Searches and Seizures — Probable Cause — Generally Probable cause, which must support the issuance of a search warrant, exists if a person of ordinary caution would justifiably believe that what […]
FRANCOEUR v. STEPHEN, 97 N.H. 80 (1951)
81 A.2d 308 YVETTE F. FRANCOEUR a. v. JOSEPH E. STEPHEN JOSEPH E. STEPHEN v. ROBERT FRANCOEUR a. No. 4016.Supreme Court of New Hampshire Hillsborough. Decided June 5, 1951. In an action to recover the balance due under a contract for the installation of a heating system the defendant is entitled to deduct all losses, […]
LAZAROU v. MORAROS, 101 N.H. 383 (1958)
143 A.2d 669 STERGIANI LAZAROU a. v. PANTILLY MORAROS a. No. 4663.Supreme Court of New Hampshire Hillsborough.Argued June 4, 1958. Decided July 1, 1958. 1. At common law aliens are incapable of taking real property by descent. 2. While the right of an alien to take real estate by descent may be conferred by statute […]
WRIGHT v. RAILROAD, 83 N.H. 136 (1927)
139 A. 370 AMY J. WRIGHT v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided November 1, 1927. In case by a passenger against a street railway for injuries received when undertaking to alight from a moving car, the evidence tended to show a practice of warning passengers not to leave the car […]
N.H. RETIREMENT SYSTEM v. SUNUNU, 126 N.H. 104 (1985)
489 A.2d 615 THE NEW HAMPSHIRE RETIREMENT SYSTEM v. JOHN H. SUNUNU a. No. 84-143Supreme Court of New Hampshire Merrimack Decided February 15, 1985 1. Statutes — Construction and Application — Ambiguity An ambiguous statute should be construed by examining both the legislative intent and the statute’s objective. 2. Statutes — Construction and Application — […]
WATKINS v. RAILROAD, 83 N.H. 10 (1927)
138 A. 315 ARTHUR J. WATKINS v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided March 1, 1927. The federal boiler inspection and locomotive act (36 U.S. Stat. 913, c. 103, s. 2; 38 U.S. Stat. 1192, c. 169, s. 1) is to be applied in connection with the federal employers’ liability act […]
STATE v. REYNOLDS, 136 N.H. 325 (1992)
615 A.2d 637 THE STATE OF NEW HAMPSHIRE v. JEFFREY REYNOLDS No. 91-297Supreme Court of New Hampshire Strafford Decided November 4, 1992 1. Indictment and Information — Sufficiency — Elements Aggravated felonious sexual assault indictment alleging that defendant acted “knowingly,” rather than “purposely,” was sufficient, since State only needed to prove defendant acted knowingly. RSA […]
DAVIS v. GRIMES, 87 N.H. 133 (1934)
175 A. 238 ROBERT F. DAVIS v. FRANK E. GRIMES. Supreme Court of New Hampshire Strafford. Decided November 7, 1934. An oral contract for the sale of an interest in a business conducted on the land of the vendor is not a contract to transfer an interest in land where there is no evidence that […]
CONWAY BANK v. PEASE, 76 N.H. 319 (1912)
82 A. 1068 CONWAY NATIONAL BANK v. PEASE. Supreme Court of New Hampshire Carroll. Decided March 5, 1912. One who seeks to establish an estoppel by misrepresentation is required to prove (1) a misrepresentation of a material fact in respect to a subject-matter in which the parties have an interest or are dealing; (2) the […]
STARKESON v. STARKESON, 119 N.H. 78 (1979)
397 A.2d 1043 GERALD C. STARKESON v. MARSHA S. STARKESON No. 78-197Supreme Court of New Hampshire Rockingham Decided February 14, 1979 1. Divorce — Custody and Support of Children — Award on Basis of Sex Evidence on the issue of custody of divorced parties’ minor daughter was not so overwhelmingly in favor of plaintiff father […]
GILMAN v. LACONIA, 55 N.H. 130 (1875)
GILMAN v. LACONIA. Supreme Court of New Hampshire Belknap. Decided March 11, 1875. Highway — Duty of town to adjoining land-owner. The owner of land adjoining a highway may maintain an action at common law against the town to recover damage caused to his land by the fault or negligence of the town in not […]
PINET v. INSURANCE COMPANY, 100 N.H. 346 (1956)
126 A.2d 262 LUCIEN PINET v. NEW HAMPSHIRE FIRE INSURANCE CO. No. 4516.Supreme Court of New Hampshire Hillsborough.Argued September 5, 1956. Decided October 31, 1956. In determining the amount of loss for the total destruction of a herd of chinchillas by fire under a scheduled property floater insurance policy, a valuation condition of the policy […]
DUPUIS v. ADAMS, 117 N.H. 34 (1977)
370 A.2d 256 WILFRED D. DUPUIS v. BENJAMIN C. ADAMS, COMMISSIONER No. 7470Supreme Court of New Hampshire Hillsborough Decided January 31, 1977 Unemployment Compensation — Computation of Benefits In accordance with the discussion in Foster v. State, 117 N.H. 16, 370 A.2d 257 (1977), the base period wages upon which plaintiff’s annual earnings are to […]
WEED v. WOODS, 71 N.H. 581 (1902)
53 A. 1024 WEED v. WOODS. Supreme Court of New Hampshire Grafton. Decided December 4, 1902. In the construction of a deed of real estate, it is the duty of the court to place itself as nearly as possible in the situation of the parties at the time the instrument was executed, that it may […]
DISTRICT v. TWITCHELL, 63 N.H. 11 (1883)
SCHOOL-DISTRICT v. TWITCHELL a. Supreme Court of New Hampshire Cheshire. Decided December, 1883. A school-district situate in two or more towns is entitled to its just proportion of money raised for school purposes by vote of the several towns beyond the amount required by law to be assessed, according to the valuation of persons and […]
LOCKE v. LACONIA, 78 N.H. 79 (1916)
97 A. 567 IDELLA M. LOCKE, Ex’x, v. LACONIA. Supreme Court of New Hampshire Belknap. Decided January 4, 1916. A landowner’s application to selectmen, under P. S., c. 73, s. 24, for an assessment of damages caused by a change in the grade of a highway is a personal action within the meaning of the […]
APPEAL OF ANDERSON, 147 N.H. 181 (2001)
784 A.2d 1205 APPEAL OF MARION ANDERSON (Board of Trustees of the City of Manchester Employees’ Contributory Retirement System) No. 99-822Supreme Court of New Hampshire Manchester Retirement Board Decided November 14, 2001 1. Administrative Law — Powers of Agency — Promulgation ofRules Administrative officials do not possess the power to contravene a statute; thus, administrative […]
STATE v. LOPEZ, 162 N.H. 153 (2011)
27 A.3d 713 THE STATE OF NEW HAMPSHIRE v. LUIS LOPEZ. No. 2009-872.Supreme Court of New Hampshire. Merrimack.Argued: February 10, 2011. Opinion Issued: June 15, 2011. 1. Evidence — Weight and Sufficiency — Criminal Cases To prevail upon a challenge to the sufficiency of the evidence, a defendant must prove that no rational trier of […]
SADDLERY CO. v. MILLS, 68 N.H. 216 (1894)
44 A. 300 SADDLERY HARDWARE MANUFACTURING CO. v. HILLSBOROUGH MILLS. Supreme Court of New Hampshire Hillsborough. Decided December, 1894. An agreement by a vendor not to sell like goods to other parties in a certain locality, with no limitation as to time, continues in force until the vendee has had a reasonable opportunity to dispose […]
WEST v. CHENEY, 88 N.H. 427 (1937)
190 A. 710 ELMER E. WEST v. ROLAND R. CHENEY. Supreme Court of New Hampshire Rockingham. Decided March 2, 1937. In case for personal injuries by an employee against an employer who has accepted the compensation act, recovery will be permitted if the injury was due to the effort of the plaintiff to make defective […]
ALLSTATE INS. CO. v. HODSDON, 92 N.H. 233 (1942)
29 A.2d 782 ALLSTATE INSURANCE CO. v. GRANT W. HODSDON a. No. 3342.Supreme Court of New Hampshire Hillsborough. Decided November 4, 1942. The coverage given by an automobile liability insurance policy to use of the car “with the permission of the named assured” does not extend to the use of it by one who has […]
HITCHCOCK v. LIBBY, 70 N.H. 399 (1900)
47 A. 269 HITCHCOCK v. LIBBY a. Supreme Court of New Hampshire Coos. Decided June, 1900. The owners of adjoining lands may locate the divisional line by parol agreement when its location is uncertain and there is a controversy between them in respect to it, notwithstanding the line was located elsewhere in a similar manner […]
APPEAL OF EAST DERRY FIRE PRECINCT, 137 N.H. 607 (1993)
631 A.2d 531 APPEAL OF EAST DERRY FIRE PRECINCT (New Hampshire Public Employee Labor Relations Board) No. 92-257Supreme Court of New Hampshire Public Employee Labor Relations Board Decided September 16, 1993 1. Public Employees — Unions — Grievance Proceedings In reviewing public employee labor relations board decision, supreme court gives deference to board’s findings; as […]
STATE v. SUPERIOR CT., 116 N.H. 1 (1976)
350 A.2d 626 STATE OF NEW HAMPSHIRE v. SUPERIOR COURT AND JUSTICE OF THE PEACE, MICHAEL P. HALL No. 7409Supreme Court of New Hampshire Original Decided January 16, 1976 1. The petition for a writ of prohibition seeking to prevent implementation of the superior court’s order allowing the taking of depositions of the attorney general […]
LITTLE v. TOWN OF RYE, 120 N.H. 533 (1980)
419 A.2d 396 WILLIAM H. LITTLE III v. TOWN OF RYE No. 79-310Supreme Court of New Hampshire Rockingham Decided September 3, 1980 1. Appeal and Error — Scope of Review — Record on Review Because there was no transcript of proceeding in superior court, town which was appealing decree granting a variance was precluded from […]
STATE v. LOPEZ, 156 N.H. 416 (2007)
THE STATE OF NEW HAMPSHIRE v. ROBERT LOPEZ. No. 2006-800.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: October 17, 2007. Opinion Issued: November 9, 2007. 1. Evidence — Particular Matters — Completeness Doctrine Under the doctrine of verbal completeness, a party has the right to introduce the remainder of a writing, statement, correspondence, former testimony […]
SHIRLEY v. COMMISSION, 100 N.H. 294 (1956)
124 A.2d 189 LAWRENCE W. SHIRLEY a. v. NEW HAMPSHIRE WATER POLLUTION COMMISSION a. No. 4512.Supreme Court of New Hampshire Hillsborough.Argued June 6, 1956. Decided July 6, 1956. A petition for declaratory judgment and injunctive proceedings seeking to restrain enforcement of an order of the State Water Pollution Commission was held not maintainable against the […]
SMITH v. HAMMOND, 68 N.H. 363 (1895)
44 A. 519 SMITH a. v. HAMMOND Trs. Supreme Court of New Hampshire Coos. Decided June, 1895. An attachment of the property of a non-resident member of a partnership, for his individual debt, is not dissolved by proceedings in insolvency, instituted upon petition of the partners. ASSUMPSIT. Facts agreed. The defendant was a member of […]
MANCHESTER HOUSING AUTH. v. REINGOLD, 130 N.H. 598 (1988)
547 A.2d 219 MANCHESTER HOUSING AUTHORITY v. MARK E. REINGOLD a. No. 87-149Supreme Court of New Hampshire Hillsborough Decided July 8, 1988 1. Eminent Domain — Compensation for Loss — Generally The owner of property subject to a taking is entitled to just compensation which reflects the property’s fair market value at the time of […]
HORNER v. REYNOLDS, 76 N.H. 259 (1911)
81 A. 1078 HORNER a. v. REYNOLDS a. Supreme Court of New Hampshire Carroll. Decided December 5, 1911. The right of waiver or release given to a surviving husband by section 13, chapter 195, Public Statutes, is personal to him, does not pass to his representatives, and to be effectual must be exercised with strict […]
KENNETT v. CITY OF NASHUA, 126 N.H. 346 (1985)
493 A.2d 458 ROSEMARY KENNETT AND DANIEL S. CONNOLLY v. CITY OF NASHUA No. 84-369Supreme Court of New Hampshire Hillsborough Decided April 5, 1985 Zoning — Appeal From Planning Board — Superior Court Review Superior court properly affirmed site plan approval by planning board on application of college to build a health center, where there […]
McLANE v. ROBINSON CO., 95 N.H. 447 (1949)
65 A.2d 878 JOHN W. McLANE a. v. C. H. ROBINSON CO. No. 3813.Supreme Court of New Hampshire Hillsborough. Decided May 3, 1949. In a bill to reform a deed of a certain passageway of specified width, the fact that the grantee failed to use that portion upon which there were obstructions or to protest […]
LAFORME v. BRADLEY, 77 N.H. 128 (1913)
88 A. 1000 ALFRED LAFORME v. CORA B. BRADLEY a. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1913. A memorandum of a sale of real estate which refers to an advertisement wherein the premises are plainly and correctly described is sufficiently definite to satisfy the statute of frauds. BILL IN EQUITY, for the […]
STATE v. ROGER M., 121 N.H. 19 (1981)
424 A.2d 1139 THE STATE OF NEW HAMPSHIRE v. ROGER M. No. 80-007Supreme Court of New Hampshire Merrimack Decided January 28, 1981 1. Criminal Law — Destruction or Annulment of Records — Grounds Statute, providing that a person who has been sentenced to probation or conditional discharge and had complied with the conditions of his […]
RICHMOND v. WHITE MT. RECREATION ASSOC., 140 N.H. 755 (1996)
674 A.2d 153 CHARLES W. RICHMOND v. WHITE MOUNTAIN RECREATION ASSOCIATION, INC., D/B/A WHITE MOUNTAIN ATTRACTIONS ASSOCIATION CHARLES W. RICHMOND v. WHITE MOUNTAINS 93 ASSOCIATION, A/K/A SKI 93 WHITE MOUNTAINS 93 ASSOCIATION, A/K/A SKI 93 v. FADDEN CONSTRUCTION COMPANY No. 94-693Supreme Court of New Hampshire Grafton Decided April 4, 1996 1. Negligence — Duty — […]
FORSBERG v. KEARSARGE REG’ L SCH. DIST., 160 N.H. 264 (2010)
CHARLES P. FORSBERG a. v. KEARSARGE REGIONAL SCHOOL DISTRICT. No. 2009-360.Supreme Court of New Hampshire. Merrimack.Argued: February 17, 2010. Opinion Issued: May 7, 2010. 1. Municipal Law — Municipal Corporations —Governance Cities and towns may amend their actual forms of government and are granted the power necessary to carry out such changes. However, towns do […]
PRESTON v. INSURANCE CO., 59 N.H. 49 (1879)
PRESTON, Adm’r, v. THE TRAVELLERS’ INS. CO. Supreme Court of New Hampshire Strafford. Decided June, 1879. A motion for a rehearing of a question of law, after decision, is not seasonably made when there has been a trial of the facts since the decision. MOTION for a rehearing. Hobbs, for the defendants. Copeland, for the […]
BOTHWICK v. STATE, 119 N.H. 583 (1979)
406 A.2d 462 WILLIAM BOTHWICK v. STATE OF NEW HAMPSHIRE, DEPARTMENT OF EDUCATION a. No. 78-253Supreme Court of New Hampshire Merrimack Decided August 17, 1979 1. Workmen’s Compensation — Finding of Disability — Questions of Fact Trial court’s determination as to existence of an injury suffered by workmen’s compensation claimant and the extent of the […]
IN RE KEARSARGE REGIONAL SCHOOL DIST., 138 N.H. 211 (1994)
636 A.2d 1033 In re KEARSARGE REGIONAL SCHOOL DISTRICT No. 92-062Supreme Court of New Hampshire Merrimack Decided January 27, 1994 1. Appeal and Error — Standards of Review — Generally Trial court’s ruling will not be disturbed absent abuse of discretion or finding that decision is unsupported by evidence or legally erroneous. 2. Constitutional Law […]
MURRAY v. KING, 109 N.H. 178 (1968)
246 A.2d 99 JAMES W. MURRAY a. v. ALFRED W. KING a. No. 5791.Supreme Court of New Hampshire Belknap.Argued September 4, 1968. Decided October 1, 1968. 1. In a petition seeking the establishment of the boundary line between lands of the parties, the Trial Court’s determination that certain wooden stakes, which were intended to be […]
STATE v. ATKINS, 143 N.H. 242 (1998)
723 A.2d 939 THE STATE OF NEW HAMPSHIRE v. GEORGE M. ATKINS, III No. 96-175Supreme Court of New Hampshire Rockingham Decided December 29, 1998 1. Statutes — Maxims and Rules of Construction — Generally In matters of statutory interpretation, supreme court is final arbiter of intent of legislature as expressed in words of statute considered […]
BANFILL’S PETITION, 70 N.H. 132 (1899)
46 A. 1088 BANFILL’S PETITION. Supreme Court of New Hampshire Carroll. Decided December, 1899. An execution sufficiently describes a judgment by giving its amount, the names of the parties, the court in which and the term when it was rendered, without a more extended recital of prior proceedings. An officer is not bound to search […]
PLACE v. PLACE, 129 N.H. 252 (1987)
525 A.2d 704 ROLAND J. PLACE v. LINDA J. PLACE No. 86-093Supreme Court of New Hampshire Strafford Decided April 3, 1987 1. Divorce — Custody and Support of Children — Modification of Decree Under the standard of Perreault v. Cook, 114 N.H. 440, 443 (1974), relationship established by a custody award should not be disturbed […]
WARDWELL v. TAMWORTH, 62 N.H. 696 (1882)
WARDWELL a. v. TAMWORTH. Supreme Court of New Hampshire Carroll. Decided December, 1882. PETITION for a highway in the defendant town. BLODGETT, J. The petition was referred to the county commissioners, who reported in favor of the petitioners. The defendants moved to reject the report; but the court denied the motion, and the defendants excepted. […]
WOLTERBEEK’S CASE, 152 N.H. 710 (2005)
886 A.2d 990 WOLTERBEEK’S CASE. No. LD-2005-002.Supreme Court of New Hampshire Original.Argued: July 13, 2005. Opinion Issued: October 31, 2005. 1. Attorneys — Reprimand, Suspension and Disbarment — Standardof Review In attorney discipline matters, the supreme court defers to the professional conduct committee’s factual findings if supported by the record, but retains ultimate authority to […]
WATKINS v. RAILROAD, 80 N.H. 102 (1921)
113 A. 796 ARTHUR J. WATKINS v. BOSTON MAINE RAILROAD. BOSTON MAINE RAILROAD v. ARTHUR J. WATKINS. PETITION OF WALTER E. TUFTS. Supreme Court of New Hampshire Merrimack. Decided April 5, 1921. A deposition, taken after a petition for an injunction to restrain such taking has been dismissed subject to exception, and given by the […]
PORTSMOUTH HOSPITAL v. ATTORNEY GENERAL, 104 N.H. 51 (1962)
178 A.2d 516 PORTSMOUTH HOSPITAL a. v. ATTORNEY GENERAL. No. 4975.Supreme Court of New Hampshire Rockingham.Argued January 3, 1962. Decided March 6, 1962. 1. The Superior Court has jurisdiction to entertain a petition for termination of a testamentary trust and the authority to permit where the circumstances warrant a deviation from the express terms of […]
JANSON v. SCHIER, 112 N.H. 329 (1972)
296 A.2d 12 HENRY P. JANSON v. ALLAN A. SCHIER AND FLORENCE J. SCHIER. No. 6299.Supreme Court of New Hampshire Rockingham. Decided September 29, 1972. 1. Evidence warranted setting aside as a matter of law as fraudulent to creditors (RSA 545:4, 9) a conveyance of real estate without fair consideration that rendered insolvent a debtor […]
SWAIN v. STATE BD. OF EDUC., 116 N.H. 332 (1976)
360 A.2d 887 RALPH M. SWAIN a. v. STATE BOARD OF EDUCATION No. 7405Supreme Court of New Hampshire State Board of Education Decided May 29, 1976 1. The assignment of preschool handicapped children to special education programs is made at the discretion of the local school districts under the authority of RSA ch. 186-A (Supp. […]
ALDEN v. KIMBALL, 104 N.H. 454 (1963)
189 A.2d 494 HAROLD B. ALDEN a. v. LAURA KIMBALL a. No. 5097.Supreme Court of New Hampshire Coos.Argued February 5, 1963. Decided March 29, 1963. 1. The statute (RSA 281:37 (supp)) reducing the time limit on appeals from decisions of the Labor Commissioner does not affect the substantive rights of the parties but is remedial […]
NADEAU v. TOWN OF DURHAM, 129 N.H. 663 (1987)
531 A.2d 335 CATHERINE NADEAU v. THE TOWN OF DURHAM AND REAL ESTATE ADVISORS, INC. No. 86-310Supreme Court of New Hampshire Strafford Decided August 17, 1987 1. Zoning — Appeal From Superior Court — Standard of Review Trial court’s decision on a zoning appeal will be upheld unless it is not supported by the evidence […]
WINSLOW v. SMITH, 74 N.H. 65 (1906)
65 A. 108 WINSLOW, Ap’t, v. SMITH, Adm’r. Supreme Court of New Hampshire Grafton. Decided November 7, 1906. A statement by counsel in argument to the effect that expert witnesses are employed in the interest of their clients and are well paid for the service, made for the purpose of discrediting testimony presented by the […]
HILL v. ROLFE, 61 N.H. 351 (1881)
HILL, Ap’t, v. ROLFE, Assignee. Supreme Court of New Hampshire Merrimack. Decided December, 1881. An assignment for the benefit of creditors, under Gen. Laws, c. 140, does not take effect until delivered to the assignee with the intent of placing the debtor’s property in the assignee’s hands; and the proof of a creditor’s claim is […]
WILLIAMS v. HASTINGS, 59 N.H. 373 (1879)
WILLIAMS v. HASTINGS. Supreme Court of New Hampshire Merrimack. Decided December, 1879. An action cannot be maintained to recover compensation for labor and services, not of necessity or mercy, performed on Saturday, Sunday, and Monday, under an entire contract made in contemplation of part performance on Sunday. ASSUMPSIT. Facts found by a referee. The plaintiff, […]
IN THE MATTER OF MARTIN — MARTIN, 160 N.H. 645 (2010)
IN THE MATTER OF PATRICIA MARTIN AND MICHAEL MARTIN. No. 2009-556.Supreme Court of New Hampshire. Concord Family Division.Argued: June 10, 2010. Opinion Issued: August 19, 2010. 1. Parent and Child — Custody-Awarding Custody;Best Interests of Child When determining matters of child custody, a trial court’s overriding concern is the best interest of the child. 2. […]
JUDGE OF PROBATE v. PAGE, 61 N.H. 500 (1881)
JUDGE OF PROBATE v. PAGE a. Supreme Court of New Hampshire Grafton. Decided December, 1881. A sum of money bequeathed to a daughter, subject to her mother’s use of it so long as the mother suitably supports the daughter, or until the daughter is eighteen years of age, or until she is of competent age […]
HINMAN v. DIRECTOR GENERAL, 79 N.H. 518 (1920)
112 A. 382 JOHN H. HINMAN, Adm’r v. THE DIRECTOR GENERAL OF RAILROADS. Supreme Court of New Hampshire Coos. Decided December 7, 1920. If counsel is permitted to reiterate statements subject to exception, such permission is equivalent to a ruling that they are permissible. In an action of tort for physical injuries to the person […]
THONE v. CAIRO, 130 N.H. 157 (1987)
536 A.2d 183 PAULINE F. THONE a. v. RUTH CAIRO AND AETNA CASUALTY AND SURETY COMPANY No. 87-012Supreme Court of New Hampshire Rockingham Decided December 7, 1987 1. Judgments — Summary Judgment — Grounds Summary judgment procedure allows a final judgment to be entered when there is no genuine issue of material fact requiring a […]
BUSSIERE v. CUNNINGHAM, WARDEN, 132 N.H. 747 (1990)
571 A.2d 908 ROBERT BUSSIERE v. MICHAEL J. CUNNINGHAM, WARDEN, a. No. 89-203Supreme Court of New Hampshire Merrimack Decided March 9, 1990 1. Habeas Corpus — Availability of Writ — Generally Standard of review in habeas corpus proceedings is whether court pronouncing sentence acted beyond scope of its jurisdiction; if court did not have jurisdiction, […]
COCHRAN v. FLINT, 57 N.H. 514 (1877)
COCHRAN v. FLINT. Supreme Court of New Hampshire FROM GRAFTON SUPREME JUDICIAL COURT, TRIAL TERM. Decided August 11, 1877. Fixtures. In order that the property in a chattel pass by the act of affixing it to real estate in such way only that it may be removed without material injury to the realty, it must […]
LAKEPORT NAT. BANK v. LORING, 80 N.H. 337 (1922)
116 A. 638 LAKEPORT NATIONAL BANK v. CLIFTON LORING a. Supreme Court of New Hampshire Belknap. Decided March 7, 1922. Assumpsit for money had and received lies, to recover money loaned, against persons who give the note of a corporation therefor, where the defendants are the parties in interest and the corporation is merely the […]
HODGDON v. GALLAGHER, 113 N.H. 185 (1973)
304 A.2d 375 KATHERINE HODGDON v. WILLIAM E. GALLAGHER No. 6512Supreme Court of New Hampshire Grafton Decided April 30, 1973 1. An indigent defendant in a civil case is not entitled to have a county pay for the cost of a transcript as an aid to him in his appeal from a verdict for damages […]
CARPENTER v. COMPANY, 80 N.H. 77 (1921)
112 A. 909 FORREST R. CARPENTER v. SALMON FALLS MANUFACTURING CO. a. Supreme Court of New Hampshire Strafford. Decided March 1, 1921. A servant in charge of a boiler house was injured by the negligence of a third party in removing a boiler therefrom under contract with the master. As to such contractor, the servant […]
DAVIS v. LORD, 95 N.H. 237 (1948)
61 A.2d 519 DOROTHY L. DAVIS v. PATRICIA LORD. No. 3727.Supreme Court of New Hampshire Rockingham. Decided October 5, 1948. Under the law of Maine, contributory negligence was established as a matter of law where there was no evidence upon which the plaintiff pedestrian, who knew of the proximity of the defendant’s motor vehicle, could […]
APPEAL OF SEACOAST ANTI-POLLUTION LEAGUE, 125 N.H. 708 (1985)
490 A.2d 1329 APPEAL OF SEACOAST ANTI-POLLUTION LEAGUE APPEAL OF CAMPAIGN FOR RATEPAYERS’ RIGHTS (New Hampshire Public Utilities Commission) No. 84-502 No. 84-530Supreme Court of New Hampshire Public Utilities Commission Decided November 27, 1984 (Part I) April 12, 1985 (Part II) 1. Public Utilities — Hearings — Issues The public utilities commission correctly relied on […]
SANDERSON v. TOWN, CANDIA TWN, CANDIA PLNG BD, 146 N.H. 598 (2001)
787 A.2d 167 JULEE SANDERSON, AS TRUSTEE OF CANDIA RANGEWAY REALTY TRUST v. TOWN OF CANDIA AND TOWN OF CANDIA PLANNING BOARD v. TOWN OF CANDIA AND TOWN OF CANDIA ZONING BOARD OF ADJUSTMENT Nos. 99-524, 2000-026Supreme Court of New Hampshire Rockingham Decided July 6, 2001 1. Constitutional Law — Due Process — Condemnations and […]
APPEAL OF PEIRCE, 122 N.H. 762 (1982)
451 A.2d 363 APPEAL OF DENISE PEIRCE AND CHRISTOPHER RICE (New Hampshire Board of Education) No. 81-075Supreme Court of New Hampshire Board of Education Decided September 2, 1982 1. Statutes — Construction and Application — Permissive Language Where provision of temporary regulations pertaining to home education programs stated that a manifest educational hardship “may” be […]
PORTER v. COCO, 154 N.H. 353 (2006)
RICHARD PORTER a. v. KEVIN COCO a. No. 2005-715.Supreme Court of New Hampshire Rockingham.Argued: September 12, 2006. Opinion Issued: November 3, 2006. 1. Property — Quieting Title — Burden of Proof A petition to quiet title quiets title as against the world with respect to the land at issue. However, the burden is on the […]
IN THE MATTER OF BARRETT COYNE, 150 N.H. 520 (2004)
841 A.2d 74 IN THE MATTER OF SUSAN C. BARRETT AND JOHN T. COYNE. No. 2003-101.Supreme Court of New Hampshire Portsmouth Family DivisionArgued: October 15, 2003. Opinion Issued: February 3, 2004. 1. Divorce — Child Support — Guidelines The purpose of the child support guidelines is not only to ensure uniformity in determining the amount […]
STATE v. CASTLE, 128 N.H. 649 (1986)
517 A.2d 848 THE STATE OF NEW HAMPSHIRE v. VINCENT ROY CASTLE No. 85-326Supreme Court of New Hampshire Hillsborough Decided October 3, 1986 1. Constitutional Law — Due Process — Right To Be Present at Proceedings The defendant’s right to be present at trial derives from the specific rights to produce all favorable proofs, confront […]
PEERLESS INS. CO. v. GOULD, 103 N.H. 134 (1960)
166 A.2d 462 PEERLESS INSURANCE COMPANY v. JAY J. GOULD a. No. 4871.Supreme Court of New Hampshire Coos.Argued October 4, 1960. Decided December 27, 1960. 1. An automobile garage liability policy insuring against the hazards of ownership, maintenance or use of the premises of the insured as a sales agency, repair shop and service station […]
KOOR COMM. v. LEBANON, 155 N.H. 592 (2007)
KOOR COMMUNICATIONS, INC. v. CITY OF LEBANON. No. 2006-396.Supreme Court of New Hampshire Grafton.Argued: January 18, 2007. Opinion Issued: June 22, 2007. 1. Civil Rights — Actions under Federal Law — Generally The three-factor inquiry that guides the determination of whether a statute establishes a right that is enforceable under the civil rights statute states: […]
APPEALS OF KEHOE, 139 N.H. 24 (1994)
648 A.2d 472 APPEAL OF DENISE KEHOE (New Hampshire Department of Labor Compensation Appeals Board) No. 92-723Supreme Court of New Hampshire Compensation Appeals Board Decided September 26, 1994 1. Workers’ Compensation — Rehearings and Appeals — Standard of Review Orders or decisions of the labor compensation appeals board shall not be set aside or vacated […]
PETITION OF PARKER, 158 N.H. 499 (2009)
PETITION OF GRETCHEN PARKER (New Hampshire Department of Health and Human Services) No. 2008-118.Supreme Court of New Hampshire. Original.Argued: November 12, 2008. Opinion Issued: April 8, 2009. 1. Social Security and Welfare — Practice and Procedure — Judicial Review During the appeals process from a decision of the Administrative Appeals Unit of the New Hampshire […]
CLARK v. CLARK, 116 N.H. 255 (1976)
356 A.2d 660 MALVENA JACOBSEN CLARK v. THEODORE G. CLARK No. 7318Supreme Court of New Hampshire Rockingham Decided April 30, 1976 1. Without ruling that a brief may be used to supply deficiencies in a reserved case, the supreme court accepted the issue raised in defendant’s brief as a basis for jurisdiction. 2. The failure […]
DUBREUIL v. DUBREUIL, 93 N.H. 14 (1943)
34 A.2d 305 HELEN B. DUBREUIL v. ANTOINE J. DUBREUIL. No. 3434.Supreme Court of New Hampshire Coos. Decided October 5, 1943. In a libel for divorce the trier of fact may properly determine the credibility of witnesses, weigh the conflicting testimony, and report facts disclosed by a view as well as draw inferences as to […]
STATE v. THURSTON, 112 N.H. 288 (1972)
293 A.2d 770 STATE v. MICHAEL P. THURSTON. STATE v. LIONEL L. POIRIER. No. 6254. No. 6271.Supreme Court of New Hampshire Rockingham. Strafford. Decided July 31, 1972. 1. Though a penal statute should be expressed in language as specific as the subject permits in order that those subject to it might be informed what conduct […]
SULLIVAN v. SELECTION, 153 N.H. 690 (2006)
917 A.2d 188 WILLIAM H. SULLIVAN a. v. TOWN OF HAMPTON BOARD OF SELECTMEN. No. 2005-464.Supreme Court of New Hampshire Rockingham.Argued: May 11, 2006. Opinion Issued: June 27, 2006. 1. Appeal and Error — Questions Considered onAppeal — Moot Questions The doctrine of mootness is designed to avoid deciding issues that have become academic or […]
QUIMBY v. STEBBINS, 55 N.H. 420 (1875)
QUIMBY v. STEBBINS. Supreme Court of New Hampshire Coos. Decided March 12, 1875. A conveyed a dwelling-house to B, and continued to occupy it several weeks after the deed. In an action of assumpsit by B against A for use and occupation of the premises during this period — Held, that parol evidence of a […]
HOBBS v. HOBBS, 75 N.H. 590 (1909)
72 A. 290 HOBBS v. HOBBS a. Supreme Court of New Hampshire Carroll. Decided February 2, 1909. WRIT OF ENTRY. Trial by jury and verdict for the defendants. Transferred from the June term, 1908, of the superior court by Chamberlin, J. Upon the issue of the location of the line between two original town lots, […]
HOOK v. SIMES, 98 N.H. 280 (1953)
98 A.2d 165 RUSSELL WEEKS HOOK v. THOMAS H. SIMES, Conservator a. No. 4213.Supreme Court of New Hampshire Rockingham. Decided July 1, 1953. In a probate appeal from the appointment of a guardian of one decreed to be mentally incompetent, the petitioner originating the inquisition falls within the class of persons entitled by statute (R. […]