453 A.2d 1278 RICHARD LOUNDSBURY a. v. CITY OF KEENE No. 81-116Supreme Court of New Hampshire Cheshire Decided December 10, 1982 1. Estoppel — Collateral Estoppel — Generally The doctrine of collateral estoppel precludes the relitigation of an issue of fact which has been fully and fairly litigated between the same parties or their privies. […]
Category: New Hampshire Court Opinions
JENOT v. WHITE MT. ACCEPTANCE CORP., 124 N.H. 701 (1984)
474 A.2d 1382 THELMA JENOT v. WHITE MOUNTAIN ACCEPTANCE CORPORATION a. No. 83-103Supreme Court of New Hampshire Belknap Decided April 9, 1984 1. Corporations — Dissolution — Rights of Former Stockholders The supreme court has long recognized the rights of former shareholders of a dissolved corporation to succeed, in their individual capacities, to assets owned […]
WALKER v. MANCHESTER, 58 N.H. 438 (1878)
WALKER v. THE CITY OF MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided August, 1878. Highways are only such as are laid out in the mode prescribed therefor by statute, or as have been used as such for public travel thereon, other than travel to or from a toll-bridge or ferry, for twenty years. Where […]
ASSOCIATION v. GORDON, 67 N.H. 98 (1891)
29 A. 412 WINNEPESAUKEE CAMP-MEETING ASSOCIATION v. GORDON. Supreme Court of New Hampshire Belknap. Decided December, 1891. A camp-meeting association being authorized by its charter to make all by-law and regulations necessary to carry out its purposes, and to hold and convey real estate, and having conveyed a lot subject to its charter and to […]
NOTTINGHAM v. COMPANY, 84 N.H. 419 (1930)
151 A. 709 NOTTINGHAM v. NEWMARKET MANUFACTURING COMPANY. Supreme Court of New Hampshire Rockingham. Decided October 7, 1930. Under P. L., c. 66, s. 42 taxes may be collected by personal action against a delinquent taxpayer. And so of taxes assessed against a delinquent foreign corporation which has rendered itself amenable to the service of […]
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 […]
CHAMBERLIN v. PERKINS, 55 N.H. 237 (1875)
CHAMBERLIN v. PERKINS. Supreme Court of New Hampshire Merrimack. Decided March 13, 1875. Amendments — Rescission of Contracts. Under a count for money had and received, a draft accepted by the defendant is admissible in evidence. It is ordinarily within the discretion of the presiding judge at the trial to allow a new specification to […]
IN THE MATTER OF ARVENITIS ARVENITIS, 152 N.H. 653 (2005)
886 A.2d 1025 IN THE MATTER OF CAROLYN ARVENITIS AND CHARLES ARVENITIS. No. 2004-887.Supreme Court of New Hampshire Strafford.Argued: June 22, 2005. Opinion Issued: October 18, 2005. 1. Divorce — Modification of Final Orders — Alimony Statute governing the revision of orders grants the trial court the power to modify orders concerning alimony upon a […]
IN RE ESTATE OF PORTER, 159 N.H. 212 (2009)
IN RE ESTATE OF KATHLEEN ANTONIA PORTER IN RE CHARLES BALOK a. Nos. 2008-756, 2009-066, 2009-026.Supreme Court of New Hampshire. Rockingham County Probate Court. Rockingham.Submitted: July 7, 2009. Opinion Issued: August 5, 2009. 1. Appeal and Error — Questions Considered on Appeal — Matter Not Briefed Issues raised in an interlocutory appeal but not briefed […]
BURLEY v. PIKE, 62 N.H. 495 (1883)
BURLEY v. PIKE. SAME v. SAME. Supreme Court of New Hampshire Strafford. Decided June, 1883. A mortgagee of real estate, who has an order from the mortgagor to cut the grass thereon and apply the proceeds on the mortgage, may maintain trespass quare clausum against a stranger who wrongfully enters upon the premises and cuts […]
ANDREW v. GOODALE, 85 N.H. 510 (1932)
161 A. 36 IRVING B. ANDREW v. HARRY F. GOODALE. Supreme Court of New Hampshire Merrimack. Decided June 7, 1932. Where there is no evidence that a verdict was rendered through mistake, partiality or corruption, other than alleged inadequacy of damages, a motion to set it aside must rest on a finding that the evidence […]
STATE v. BENNETT, 116 N.H. 433 (1976)
362 A.2d 184 STATE OF NEW HAMPSHIRE v. JOSEPH BENNETT No. 7158Supreme Court of New Hampshire Dover District Court Decided July 30, 1976 1. The legislature has not amended RSA 106-B:12 (Supp. 1975), which directs the State police to enforce the highway traffic laws and regulations. 2. Although the failure to yield the right of […]
BOWER v. DAVIS SYMONDS LUMBER CO., 119 N.H. 605 (1979)
406 A.2d 119 HUGH P. H. BOWER, JR., M.D. AND DONALD C. GLASSIE, JR. v. DAVIS SYMONDS LUMBER COMPANY No. 79-018Supreme Court of New Hampshire Grafton Decided August 17, 1979 1. Contracts — Construction — Extrinsic Evidence Where the determination of the existence of a contract depends on the credibility of extrinsic evidence or on […]
LAWYERS TITLE INS. CORP. v. GROFF, 148 N.H. 333 (2002)
808 A.2d 44 LAWYERS TITLE INSURANCE CORP. v. DAVID M. GROFF, ESQ. No. 2001-325Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictSubmitted March 6, 2002 Opinion Issued September 17, 2002 1. Contracts—Construction—Particular Terms Under agreement which made defendant the plaintiff’s agent for the purpose of issuing title insurance policies, defendant’s only contractual duty with respect to […]
EXETER HOSPITAL v. HALL, 137 N.H. 397 (1993)
629 A.2d 88 EXETER HOSPITAL v. DEBORA AND HARVEY HALL No. 92-545Supreme Court of New Hampshire Exeter District Court Decided July 7, 1993 1. Limitation of Actions — Proceedings — Pleading As statute of limitations is an affirmative defense which must be pleaded, defendant cannot ordinarily enjoy its benefits unless he or she raised it […]
STATE v. LOCKE, 144 N.H. 348 (1999)
761 A.2d 376 THE STATE OF NEW HAMPSHIRE v. DANNY LOCKE No. 97-156Supreme Court of New Hampshire Rockingham Decided December 3, 1999 1. Criminal Law — Participation in Crime — Accessories and Accomplices Under accomplice liability statute, State must establish that accomplice acted with purpose of promoting or facilitating commission of the substantive offense; this […]
MAMALIS v. BORNOVAS, 112 N.H. 423 (1972)
297 A.2d 660 THEODOSIOS MAMALIS, ADMINISTRATOR OF ESTATE OF LOUIS D. BORNOVAS, a. v. JULIE BORNOVAS. No. 6404.Supreme Court of New Hampshire Hillsborough. Decided November 30, 1972. 1. Termination of a joint tenancy with rights of survivorship should be controlled by the parties’ intentions as manifested by some overt act or express agreement and not […]
CARTER v. BERGERON, 102 N.H. 464 (1960)
160 A.2d 348 RUSSELL R. CARTER, Adm’r v. NOVAT B. BERGERON. PEERLESS INSURANCE CO. v. SAME a. No. 4813.Supreme Court of New Hampshire Hillsborough.Argued April 5, 1960. Decided April 29, 1960. 1. In an action for damages resulting to the plaintiff when his motor vehicle was struck by a truck operated by defendant’s employee the […]
STATE v. HAMMELL, 147 N.H. 313 (2001)
787 A.2d 850 THE STATE OF NEW HAMPSHIRE v. BRIAN HAMMELL No. 99-783Supreme Court of New Hampshire Merrimack Decided December 21, 2001 1. Search and Seizure — Warrant Requirement; Exceptions —Plain View State must prove three criteria by a preponderance of the evidence to justify a seizure under the plain view exception: (1) the initial […]
STATE v. PALUMBO, 113 N.H. 329 (1973)
306 A.2d 793 STATE OF NEW HAMPSHIRE v. RALPH J. PALUMBO No. 6427Supreme Court of New Hampshire Strafford Decided June 29, 1973 1. Circumstantial evidence may be sufficient to support a finding of guilty beyond a reasonable doubt. 2. Reasonable inferences may be drawn from facts proved and may be reasonably drawn from facts found […]
WHITNEY v. WHITNEY, 83 N.H. 587 (1929)
146 A. 395 HAROLD O. WHITNEY v. FRANCES C. WHITNEY. FRANCES C. WHITNEY v. HAROLD O. WHITNEY. Supreme Court of New Hampshire Belknap. Decided June 4, 1929. CROSS LIBELS FOR DIVORCE, with prayers for the custody of the minor children of the parties. The court (Matthews, J.) dismissed both libels, transferred the case upon an […]
STABROW v. STABROW, 96 N.H. 74 (1949)
69 A.2d 863 CHARLES G. STABROW, Adm’r v. PETER STABROW. No. 3877.Supreme Court of New Hampshire Rockingham. Decided December 6, 1949. In determining whether a motion to dismiss a bill in equity should or should not be granted, the evidence of the plaintiff must be taken as true and construed most favorably to the plaintiff. […]
SKIVINGTON v. ROBINSON, 106 N.H. 493 (1965)
213 A.2d 921 RICHARD M. SKIVINGTON v. GERALD E. ROBINSON. No. 5388.Supreme Court of New Hampshire Merrimack.Argued October 6, 1965. Decided October 29, 1965. 1. One purpose of the pre-trial rule of the Superior Court (Rule 51 (b)) is to eliminate surprise and any modification of a pre-trial order should preferably be by direction rather […]
PETITION OF LORDEN, 134 N.H. 594 (1991)
594 A.2d 1303 PETITION OF KENNETH A. LORDEN, FREDERICK LORDEN, FRANCIS J. LORDEN, AND LORDEN LUMBER COMPANY, INC. (New Hampshire Department of Revenue Administration) No. 90-418Supreme Court of New Hampshire Department of Revenue Administration Decided August 2, 1991 1. Taxation — Appeals — Construction of Statutes Provision of statute governing imposition of real estate transfer […]
APPEAL OF MacEACHRAN, 121 N.H. 1070 (1981)
438 A.2d 302 APPEAL OF JOHN MacEACHRAN (N.H. Agricultural Lands Preservation Committee) No. 81-055Supreme Court of New Hampshire Agricultural Lands Preservation Committee Decided December 8, 1981 1. Administrative Law — Judicial Review — Authority To Prosecute Appeal Inasmuch as neither statute providing for acquisition of agricultural land development rights nor any other statute authorized an […]
CITY OF DOVER v. IMPERIAL CAS. INDEMN. CO., 133 N.H. 109 (1990)
575 A.2d 1280 CITY OF DOVER v. IMPERIAL CASUALTY INDEMNITY COMPANY No. 89-006Supreme Court of New Hampshire Strafford Decided April 30, 1990 1. Constitutional Law — New Hampshire Constitution — Legal Remedies Municipal immunity no longer exists in New Hampshire as a judicially created doctrine; however, municipalities enjoy limited protection from tort actions where injury […]
WHITE v. COMPANY, 85 N.H. 543 (1932)
161 A. 301 EDWARD W. WHITE v. BOULIA-GORRELL LUMBER Co. Supreme Court of New Hampshire Merrimack. Decided June 23, 1932. A release signed by the father of a minor employee, as his next friend, and given before action brought is not a bar to a petition for compensation. An injury is compensable under P. L., […]
SIMES v. WARD, 78 N.H. 533 (1918)
103 A. 310 THOMAS H. SIMES, Trustee, v. ANNIE P. WARD a. Supreme Court of New Hampshire Rockingham. Decided January 1, 1918. Devise in trust, and, on termination thereof, “to my heirs”: by this term the testator presumably intended those who were his heirs upon his decease and not upon the termination of the trust. […]
DUHAMEL v. PRESCOTT, 101 N.H. 108 (1957)
134 A.2d 703 YVONICK DUHAMEL a v. JOHN O. PRESCOTT a. No. 4577.Supreme Court of New Hampshire Belknap.Argued September 4, 1957. Decided September 30, 1957. 1. A restriction against the erection of buildings other than for residential purposes as contained in a deed of land to the plaintiffs and designed to protect and benefit other […]
CHANDLER v. BROWN, 59 N.H. 370 (1879)
CHANDLER v. BROWN. Supreme Court of New Hampshire Merrimack. Decided December, 1879. The covenant of general warranty in a deed is a covenant that runs with the estate in reference to which it is made, and may be availed of by suit, in his own name, by any one to whom the same may come […]
CITY OF CLAREMONT v. TRUELL, 126 N.H. 30 (1985)
489 A.2d 581 CITY OF CLAREMONT v. ELROY TRUELL a. TOWN OF WALPOLE v. JOHN AND KATHLEEN FOSTER No. 83-206 No. 84-123Supreme Court of New Hampshire Claremont District Court Cheshire Decided February 7, 1985 1. Infants — Children in Need of Services — Liability for Support A proceeding for reimbursement of expenses incurred in care […]
HOCHSTEIN v. COMPANY, 76 N.H. 293 (1912)
82 A. 171 HOCHSTEIN v. JAMES W. HILL Co. Supreme Court of New Hampshire Hillsborough. Decided January 2, 1912. A personal judgment rendered in another state is not enforceable in an action of debt brought in this state unless the foreign court acquired jurisdiction of the defendant in the original proceeding. A court of a […]
LEIGHTON v. DAVIS, 119 N.H. 115 (1979)
398 A.2d 845 WILLIAM LEIGHTON AND SUSAN LEIGHTON v. DANIEL DAVIS AND JAMES H. HALL, JR. No. 78-260Supreme Court of New Hampshire Ossipee District Court Decided February 28, 1979 Courts — Jurisdiction — Determination Where plaintiffs initiated an action against defendants in an out-of-state court and counsel for the defendants entered a general appearance submitting […]
LANCASTER NAT. BANK v. WHITEFIELD c. TRUST CO., 92 N.H. 337 (1943)
30 A.2d 473 LANCASTER NATIONAL BANK a. v. WHITEFIELD SAVINGS BANK TRUST CO. No. 3389.Supreme Court of New Hampshire Coos. Decided February 2, 1943. Where a mortgagee holds two or more successive mortgages, each of undivided interests in the same land and forecloses them all by the same writ he is not entitled to a […]
STATE v. CORMIER, 121 N.H. 528 (1981)
430 A.2d 1133 THE STATE OF NEW HAMPSHIRE v. RONALD CORMIER No. 80-441Supreme Court of New Hampshire Hillsborough Decided June 12, 1981 Criminal Law — Probation — Suspension and Revocation Sufficient basis for revocation of probation existed where there was evidence that defendant failed to report to his probation officer and did not notify him […]
CUSHING v. THOMSON, 118 N.H. 308 (1978)
386 A.2d 807 R. R. CUSHING, JR., KATHRYN MULHEARN, ROBERT P. READ, STEVEN PELZAR, AND KRISTIE CONRAD, d/b/a PORTSMOUTH AREA CLAMSHELL, a/k/a PORTSMOUTH CLAMSHELL, AND PORTSMOUTH CLAMSHELL ALLIANCE v. MELDRIM THOMSON, JR., GOVERNOR OF THE STATE OF NEW HAMPSHIRE AND JOHN BLATSOS, ADJUTANT GENERAL FOR THE STATE OF NEW HAMPSHIRE No. 78-101Supreme Court of New […]
APPEAL OF CITY OF NASHUA, 138 N.H. 261 (1994)
638 A.2d 779 APPEAL OF CITY OF NASHUA (New Hampshire Board of Tax and Land Appeals) No. 92-602Supreme Court of New Hampshire Board of Tax and Land Appeals Decided March 3, 1994 1. Taxation — Assessment of Real Property Taxes — Mode of Assessment In order to determine appropriate assessed value for a property, board […]
BISSON v. JOYCE, 66 N.H. 478 (1891)
30 A. 1120 BISSON v. JOYCE. Supreme Court of New Hampshire Strafford. Decided June, 1891. One whose lien upon goods taken from his possession upon a replevin writ has been satisfied, cannot recover the value of the goods in trespass against the officer serving the replevin writ who has delivered the goods to the person […]
NICHOLS v. HELGEMOE, 117 N.H. 57 (1977)
369 A.2d 614 EDWARD NICHOLS v. RAYMOND HELGEMOE, WARDEN NEW HAMPSHIRE STATE PRISON STATE OF NEW HAMPSHIRE v. EDWARD NICHOLS Nos. 7518 7519Supreme Court of New Hampshire Grafton Decided January 31, 1977 1. Criminal Law — Plea of Guilty — Waiver of Constitutional Rights A plea of guilty constitutes a waiver of numerous constitutional rights […]
STATE v. LIEBER, 146 N.H. 105 (2001)
767 A.2d 452 THE STATE OF NEW HAMPSHIRE v. MICHAEL LIEBER No. 98-378Supreme Court of New Hampshire Manchester District Court March 7, 2001 1. Contempt — Criminal Contempt — Particular Cases Inmate’s refusal to be transported to court for probable cause hearing did not constitute direct contempt subject to summary proceedings, since proof of inmate’s […]
STATE v. ROTHE, 142 N.H. 483 (1997)
703 A.2d 884 THE STATE OF NEW HAMPSHIRE v. JASON ROTHE No. 95-522Supreme Court of New Hampshire Hanover District Court Decided December 29, 1997 1. Criminal Law — Judgment and Sentence — Probation and Parole The imposition of probation after defendant was originally given a deferred sentence violated the due process protections guaranteed under N.H. […]
COFFEY’S CASE, 152 N.H. 503 (2005)
880 A.2d 403 COFFEY’S CASE. No. LD-2003-011.Supreme Court of New Hampshire Original.Argued: June 15, 2005. Opinion Issued: August 12, 2005. 1. Attorneys — Professional Conduct Rules — Violations Attorney charged with a violation of the rule prohibiting the acquisition of a proprietary interest in the subject matter of litigation failed in his argument that his […]
STATE v. SCOTT, 82 N.H. 278 (1926)
132 A. 685 STATE v. WILLIAM L. SCOTT. Supreme Court of New Hampshire Hillsborough. Decided March 2, 1926. A statute declaring any structure which is erected or continued upon or over any highway in such manner as to obstruct or lessen the full breadth of the highway to be a public nuisance, subject to removal […]
STATE v. COOK, 148 N.H. 735 (2002)
813 A.2d 480 THE STATE OF NEW HAMPSHIRE v. LAWRENCE COOK No. 2000-193Supreme Court of New Hampshire StraffordArgued October 9, 2002 Opinion Issued December 20, 2002 1. Criminal Law—Double Jeopardy—Mistrial Jury foreman’s post-mistrial letter was not admissible evidence to impeach the mistrial. N.H. CONST. pt. I, art. 16. Page 736 2. Criminal Law—Miranda Warning—Arrest and […]
LANG v. GAGE, 65 N.H. 173 (1889)
18 A. 795 LANG v. GAGE. Supreme Court of New Hampshire Merrimack. Decided June, 1889. The defendant signed a note as surety, and the principals gave him a mortgage to secure his liability. Afterwards he assigned the mortgage to a savings bank, of which he was an officer, to be held security for this and […]
KANTOR v. THE NORWOOD GROUP, 127 N.H. 831 (1986)
508 A.2d 1078 JEFFREY S. KANTOR a. v. THE NORWOOD GROUP, INC. No. 85-193Supreme Court of New Hampshire Hillsborough Decided April 11, 1986 1. Pleading — Motion To Dismiss — Tests and Standards On review of a ruling on a motion to dismiss, both the plaintiffs’ allegations and all reasonable inferences therefrom as construed most […]
STATE v. HAAS, 155 N.H. 612 (2007)
STATE OF NEW HAMPSHIRE v. JOSEPH S. HAAS, JR. No. 2006-291.Supreme Court of New Hampshire Merrimack.Submitted: April 5, 2007. Opinion Issued: June 26, 2007. 1. Costs — Recovery of Costs and Attorney Fees — Statutes and Rules The purpose of the statute governing reimbursement of counsel fees is to require that those who are financially […]
HAVEN v. HAVEN, 69 N.H. 204 (1897)
39 A. 972 HAVEN, Ap’t, v. HAVEN. Supreme Court of New Hampshire Rockingham. Decided December, 1897. The rights of tenants in common to ancestral portraits bequeathed to them by an ancestor, but which were not mentioned or included in the inventory or the account of her estate, cannot be affected by and furnish no occasion […]
KEENE v. SCHOOL DISTRICT, 89 N.H. 477 (1938)
200 A. 514 KEENE v. UNION SCHOOL DISTRICT. Supreme Court of New Hampshire Cheshire. Decided June 21, 1938. Under P.L., c. 42, s. 23 a town or city may properly hold as trustee only those trust funds which as a town or city it has the power to administer. Under that act a city or […]
GUNNISON v. ABBOTT, 73 N.H. 347 (1905)
61 A. 589 GUNNISON v. ABBOTT a. Supreme Court of New Hampshire Sullivan. Decided June 29, 1905. A vendor who attaches the goods sold in an action against the vendee may be estopped to thereafter rescind the sale for fraud and reclaim the property, as against subsequent attaching creditors; and whether he is so estopped […]
NUTBROWN v. MOUNT CRANMORE, 140 N.H. 675 (1996)
671 A.2d 548 MICHAEL NUTBROWN v. MOUNT CRANMORE, INC. No. 95-089Supreme Court of New Hampshire U.S. District Court Decided February 15, 1996 1. Statutes Generally — Construction By its plain language, RSA 225-A:25, I, applies only to an action brought by a passenger or an action concerning a passenger tramway. RSA 225-A:25, I. Page 676 […]
JEWELL v. CLEMENT, 69 N.H. 133 (1896)
39 A. 582 JEWELL v. CLEMENT. Supreme Court of New Hampshire Grafton. Decided December, 1896. The owner of the servient tenement cannot maintain bars across a way not made subject to them by the terms of the grant, if they unreasonably obstruct its proper use. CASE, for removing the plaintiff’s bars, whereby cattle were admitted […]
SAWYER v. RAILROAD, 58 N.H. 517 (1879)
SAWYER, Adm’x, v. CONCORD RAILROAD. Supreme Court of New Hampshire Rockingham. Decided March, 1879. A cause of action for personal injuries does not survive. In an action of trespass by an administrator to recover for injury to property, of his intestate, happening in his lifetime from the gross negligence of the defendant, whereby the intestate […]
CUTTING v. TOWN OF WENTWORTH, 126 N.H. 727 (1985)
497 A.2d 839 CHARLES F. CUTTING, JR. v. TOWN OF WENTWORTH No. 84-255Supreme Court of New Hampshire Grafton Decided July 3, 1985 1. Zoning — Appeal From Superior Court — Standard of Review In reviewing a zoning decision by the superior court, the standard of review for the supreme court is not whether it would […]
BOSTON MAINE RAILROAD v. BERRY, 73 N.H. 603 (1905)
60 A. 686 BOSTON MAINE RAILROAD v. BERRY a. Supreme Court of New Hampshire Carroll. Decided March 7, 1905. BILL IN EQUITY, to enjoin the defendants from occupying or trespassing upon a tract of land adjoining the plaintiffs’ track in Wolfeborough. Upon hearing the bill was dismissed by Stone, J., at the June term, 1904, […]
KNIGHT BROADCASTING CO. v. KANE, 109 N.H. 565 (1969)
258 A.2d 355 KNIGHT BROADCASTING OF NEW HAMPSHIRE a. v. SHIRLEY J. KANE a. No. 5919.Supreme Court of New Hampshire Rockingham.Argued October 7, 1969. Decided October 31, 1969. 1. The workmen’s compensation statutory provision (RSA 281:37) that either party may appeal from a decision by the Labor Commissioner to the Superior Court for “hearing and […]
JENNESS v. JENNESS, 60 N.H. 211 (1880)
JENNESS v. JENNESS. Supreme Court of New Hampshire Carroll. Decided December, 1880. Single instances of neglect by one having the means to provide his wife with the necessaries of life, or to furnish her with medical assistance, unaccompanied by circumstances showing danger or reasonable apprehension of danger to her life or health, do not, as […]
OPINION OF THE JUSTICES, 116 N.H. 531 (1976)
363 A.2d 1005 OPINION OF THE JUSTICES No. 7578Supreme Court of New Hampshire Request of Governor and Council Decided September 22, 1976 1. In the absence of specific provision to the contrary, the removal of all officials of the State outside of the State classified service falls within the authority of the Governor and Council […]
THERRIEN v. MARYLAND CAS. CO., 97 N.H. 180 (1951)
84 A.2d 179 A. W. THERRIEN Co. v. MARYLAND CASUALTY COMPANY a. No. 4054.Supreme Court of New Hampshire Merrimack. Decided November 6, 1951. Where a subcontractor failed to file a statement of its claim within the time provided by Laws 1943, c. 182, to enforce collection from the contractor and its surety, for labor and […]
TABER v. TOWN OF WESTMORELAND, 140 N.H. 613 (1996)
670 A.2d 1034 DAVID W. TABER a. v. TOWN OF WESTMORELAND a. No. 94-478Supreme Court of New Hampshire Cheshire Decided January 31, 1996 1. Attorneys — Fees — Generally Forcing losing party to a strict adherence to the law is not a sufficient benefit conferred on nonparties to justify awarding attorney’s fees to the prevailing […]
DUNHAM v. STONE, 96 N.H. 138 (1950)
71 A.2d 412 PERLEY E. DUNHAM v. ROBERT STONE. No. 3895.Supreme Court of New Hampshire Cheshire, Decided February 7, 1950. In an action for personal injuries, it was error for the Court to instruct the jury that the plaintiff cannot recover for soreness and lameness beyond the date of the trial in the absence of […]
GIROUX v. GAGNE, 108 N.H. 394 (1967)
236 A.2d 695 EDGAR GIROUX, Adm’r a. v. ARMAND GAGNE. No. 5681.Supreme Court of New Hampshire Hillsborough.Argued November 8, 1967. Decided December 29, 1967. 1. In actions for personal injuries sustained as the result of a collision in the approximate center of a highway between the oppositely approaching vehicles of the parties, the evidence warranted […]
POISSON v. MANCHESTER, 101 N.H. 72 (1957)
133 A.2d 503 ALBERT D. POISSON v. MANCHESTER a. No. 4566.Supreme Court of New Hampshire Hillsborough.Argued April 2, 1957. Decided June 20, 1957. 1. Where the form of procedure before the Superior Court was accepted by both parties without objection its propriety cannot be attacked before the Supreme Court. 2. In an action for specific […]
LARIVIERE v. NEW HAMPSHIRE FIRE INS. CO., 105 N.H. 73 (1963)
193 A.2d 13 JEAN LARIVIERE v. NEW HAMPSHIRE FIRE INSURANCE COMPANY. No. 5104.Supreme Court of New Hampshire Hillsborough.Argued May 7, 1963. Decided July 30, 1963. 1. Where a building had been transported from its original site to its destination and fire damage occurred after it had been lowered onto, and all its weight was upon, […]
STATE v. SANNE, 116 N.H. 583 (1976)
364 A.2d 630 STATE OF NEW HAMPSHIRE v. STEPHEN G. SANNE No. 7420Supreme Court of New Hampshire Rockingham Decided September 30, 1976 1. New Hampshire has no constitutional provision granting a right to bear arms. 2. A State statute reasonably regulating the right to bear arms does not violate the second amendment to the United […]
STATE v. ALLEN, 133 N.H. 306 (1990)
577 A.2d 801 THE STATE OF NEW HAMPSHIRE v. DANIEL ALLEN No. 88-034Supreme Court of New Hampshire Rockingham Decided July 9, 1990 1. Constitutional Law — Identification of Accused — Suggestive Procedures In a State constitutional challenge to an identification procedure, defendant has the initial burden of establishing that the out-of-court conduct of which he […]
CITY OF PORTSMOUTH v. SCHLESINGER, 140 N.H. 733 (1996)
672 A.2d 712 CITY OF PORTSMOUTH v. RICHARD SCHLESINGER a. No. 95-399Supreme Court of New Hampshire U.S. Court of Appeals for the First Circuit Decided March 12, 1996 1. Zoning and Planning — Statutes — Construction RSA 677:2 and 677:4 set forth requirements and procedures for the rehearing and appeal of zoning related matters. RSA […]
FREE v. BUCKINGHAM, 59 N.H. 219 (1879)
FREE a. v. BUCKINGHAM a. Supreme Court of New Hampshire Coos. Decided June, 1879. A referee appointed by the parties, in a suit at law or in equity, under the statutes of this state, possesses the same authority as that of an arbitrator at common law, modified by statutory provisions. A motion to set aside […]
ATTORNEY-GENERAL v. MORIN, 93 N.H. 40 (1943)
35 A.2d 513 ATTORNEY-GENERAL, ex. rel., Commissioners of Coos County v. PAUL MORIN. No. 3435.Supreme Court of New Hampshire Coos. Decided December 7, 1943. The appointment of a fiscal agent for Coos County whose duties are strictly confined to the fiscal administration of the treasury is properly delegated to the judiciary. Whether the Fiscal Agent […]
SILVER BROTHERS, INC. v. WALLIN, 122 N.H. 1138 (1982)
455 A.2d 1011 SILVER BROTHERS CO., INC. a. v. JEAN WALLIN, COMMISSIONER NEW HAMPSHIRE STATE LIQUOR COMMISSION, a. No. 82-368Supreme Court of New Hampshire Merrimack Decided December 29, 1982 1. Appeal and Error — Dismissal of Complaint — Standards for Review In determining whether the defendants’ motion to dismiss should have been granted, the supreme […]
STATE v. WALBRIDGE, 116 N.H. 425 (1976)
362 A.2d 207 STATE OF NEW HAMPSHIRE v. RICHARD WALBRIDGE No. 7096Supreme Court of New Hampshire Strafford Decided July 30, 1976 1. The State’s question relating to the amount the defendant had drunk on the day of the accident was material on his state of mind and could supply a motive for leaving the scene […]
STATE v. NEWMAN, 74 N.H. 10 (1906)
64 A. 761 STATE v. NEWMAN a. Supreme Court of New Hampshire Hillsborough. Decided August 7, 1906. An objection that evidence adduced is insufficient to establish the facts in issue with the requisite degree of certainty goes merely to the weight of the proof and raises no question of law. If there is any competent […]
ACADEMY v. EXETER, 58 N.H. 306 (1878)
TRUSTEES OF PHILLIPS EXETER ACADEMY v. EXETER. Supreme Court of New Hampshire Rockingham. Decided June, 1878. A building used partly as a dormitory and students’ boarding-house, and partly as a public house, is not exempted from taxation, under a provision that “all lands, tenements, and personal estate, that shall be given to the trustees for […]
WEBSTER v. BRIDGEWATER, 63 N.H. 296 (1884)
WEBSTER a. v. BRIDGEWATER AND NEW HAMPTON. Supreme Court of New Hampshire Grafton. Decided December, 1884. It is ordinarily the right of petitioners for a highway, before a hearing of the petition, to withdraw upon payment of costs, and the petition may be amended by striking their names therefrom. MOTION, by N.H. Weeks, and one […]
PETITION OF SNOW, 75 N.H. 7 (1908)
70 A. 120 PETITION OF SNOW. GIBSON a., Ex’rs, v. BOSTON a. Supreme Court of New Hampshire Carroll. Decided June 2, 1908. Where an attorney for the contestants of a will takes minutes of the testimony of the witnesses to the instrument upon a proceeding for its probate, his possession of the writing is that […]
CLUB JOLLIET, INC. v. MANCHESTER a., 110 N.H. 172 (1970)
262 A.2d 844 CLUB JOLLIET, INC. v. MANCHESTER a. No. 6047Supreme Court of New Hampshire Hillsborough Decided March 12, 1970 1. A public parking garage serves a public purpose; and a redevelopment project pursuant to RSA ch. 205 constitutes a valid public purpose for which public funds may be appropriated and the power of eminent […]
IN RE ESTATE OF STAVROU, 117 N.H. 278 (1977)
371 A.2d 1176 In re ESTATE OF JAMES STAVROU No. 7627Supreme Court of New Hampshire Probate Court, Hillsborough County Decided March 31, 1977 1. Courts — Probate Courts — Jurisdiction It was not for the probate court to decide whether common law widow had an equitable title in decedent’s real estate, but rather, it was […]
GALLEHER v. O’GRADY, 78 N.H. 343 (1917)
100 A. 549 DANIEL C. GALLEHER a. v. MICHAEL H. O’GRADY a. Supreme Court of New Hampshire Hillsborough. Decided February 6, 1917. By the law of Massachusetts, an action upon a guaranty of rent reserved upon a lease for years is barred by an eviction from a part of the demised premises; and a conveyance […]
CARROLL CTY. ELDERLY HOUS. ASSOC’S v. MERRIMAC TILE, 127 N.H. 538 (1985)
503 A.2d 817 CARROLL COUNTY ELDERLY HOUSING ASSOCIATES v. MERRIMAC TILE COMPANY, INC. No. 85-071Supreme Court of New Hampshire Rockingham Decided December 31, 1985 1. Judgments — Default — Vacation Trial court may strike a default that has resulted from a defendant’s accident, mistake or misfortune rather than from neglect. Preface, Superior Ct. Rules: RSA […]
LAFLAMME v. LEWIS, 89 N.H. 69 (1937)
192 A. 851 HENRY LAFLAMME, Adm’r v. CARROLL G. LEWIS. AZALEA BORNEMAN v. SAME. Supreme Court of New Hampshire Merrimack. Decided June 1, 1937. The provision of P.L.c. 103, s. 18 as amended by Laws 1927, c. 76, s. 2 that a speed exceeding fifteen miles an hour is prima facie unlawful in traversing or […]
KILFOYLE v. MALATESTA, 101 N.H. 473 (1958)
147 A.2d 111 ARTHUR KILFOYLE CO. v. EMANUELE J. MALATESTA. No. 4678.Supreme Court of New Hampshire Rockingham.Argued December 2, 1958. Decided December 31, 1958. 1. Where the return of a jury verdict in an assumpsit action in excess of the amount claimed by the plaintiff to be due could reasonably be found to have resulted […]
LATULIPPE v. COMPANY, 77 N.H. 31 (1913)
86 A. 361 ALBERTINE LATULIPPE v. NEW ENGLAND INVESTMENT CO. a. Supreme Court of New Hampshire Hillsborough. Decided March 4, 1913. An agreement by a corporation to repurchase the stock issued to a shareholder is ultra vires; but the company cannot repudiate the burden of such a contract while retaining its benefits. A promise to […]
N.H. DEP’T v. MARINO, 155 N.H. 709 (2007)
NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES v. JOSEPH MARINO a. No. 2006-761.Supreme Court of New Hampshire Coos.Argued: May 23, 2007. Opinion Issued: July 18, 2007. 1. Environment and Natural Resources —Environmental Rights and Actions — Statutes The plain meaning of the provision of the Shoreland Protection Act pertaining to nonconforming lots of record allows the […]
PAIGE v. COMPANY, 80 N.H. 439 (1922)
119 A. 303 CHARLES W. PAIGE, Guardian of FRED J. PAIGE, v. M. T. STEVENS SON’S CO. Supreme Court of New Hampshire Merrimack. Decided October 3, 1922. A servant who is injured by machinery cannot recover on the ground that he was unconscious of his danger, if he knew the condition of his master’s appliances […]
BICKFORD v. DANE, 57 N.H. 320 (1876)
BICKFORD v. DANE. Supreme Court of New Hampshire FROM HILLSBOROUGH CIRCUIT COURT. Decided August 11, 1876. Contract by married woman. The defendant, a married woman, was the owner of a house. Her husband employed the plaintiff to make repairs thereon, but she superintended the work, directing how it should be done. Held, that whether the […]
PATTERSON v. BOSTON MAINE R. R., 102 N.H. 387 (1960)
157 A.2d 653 HENRY PATTERSON v. BOSTON MAINE RAILROAD. No. 4782.Supreme Court of New Hampshire Merrimack.Argued December 1, 1959. Decided January 27, 1960. 1. The statute (RSA 383:1, 33) requiring a railroad to provide a “suitable crossing” to accommodate persons whose lands are separated from a highway by a railroad contemplates a crossing which is […]
BIXBY v. RAILROAD, 94 N.H. 107 (1946)
47 A.2d 575 BYRON R. BIXBY v. BOSTON MAINE RAILROAD. HARRY TOWNER v. SAME. No. 3563.Supreme Court of New Hampshire Sullivan. Decided June 4, 1946. Contributory negligence was established as a matter of law in an action against the railroad where the plaintiff passenger in an automobile, at the request of the owner-driver, accepted the […]
PLAISTED v. HOLMES, 58 N.H. 619 (1879)
PLAISTED v. HOLMES. Supreme Court of New Hampshire Coos. Decided March, 1879. A question of law, once decided at the law term, is not reconsidered in the same case except on a motion for rehearing. The title of a vendee of a chattel, in a sale void as to creditors of the vendor Page 620 […]
HOOD v. NASHUA, 91 N.H. 98 (1940)
13 A.2d 726 ROBERT HOOD v. NASHUA. No. 3175.Supreme Court of New Hampshire Municipal Court of Nashua. Decided June 4, 1940. Certain evidence warranted the conclusion that the negligent maintenance of a city culvert from which water flowed onto land adjacent to that of the plaintiff was the cause of its percolating into the plaintiff’s […]
COMEY v. PICKERING, 63 N.H. 126 (1884)
COMEY v. PICKERING. Supreme Court of New Hampshire Merrimack. Decided June, 1884. The right of creditors of a fraudulent vendor of chattels to avoid the sale cannot be exercised against one who without notice of the fraud, has in good faith purchased the property from the fraudulent vendee. The omission of the words “So help […]
PETITION OF ANN CRANE, 132 N.H. 293 (1989)
564 A.2d 449 PETITION OF ANN CRANE AND ANNE EATON (New Hampshire Personnel Appeals Board) No. 88-166Supreme Court of New Hampshire Personnel Appeals Board Decided October 9, 1989 1. Public Employees — Appeals Board — Review Personnel appeals board decision denying request for an upward adjustment in salary grade of the position of director of […]
BAILLARGEON v. BRODHEAD FORD SALES, INC., 118 N.H. 790 (1978)
394 A.2d 325 CLIFFORD BAILLARGEON v. BRODHEAD FORD SALES, INC. AND DOVER FORD, INC. No. 78-188Supreme Court of New Hampshire Rockingham Decided November 15, 1978 Judgments — Default — Relief Where corporation purchased the assets of defendant automobile agency, and notified all disclosed creditors of the agency that it had purchased the agency’s assets, and […]
BELIVEAU v. AMOSKEAG CO., 68 N.H. 225 (1894)
40 A. 734 BELIVEAU v. AMOSKEAG MANUFACTURING CO. Supreme Court of New Hampshire Hillsborough. Decided December, 1894. A party is bound by all acts of his attorney of record which the latter has implied authority to do by virtue of his retainer, as against one ignorant of his discharge. In the absence of any limitation […]
ROUSSEAU v. ESHLEMAN, 129 N.H. 306 (1987)
529 A.2d 862 PIERRE ROUSSEAU v. MARIS ESHLEMAN No. 84-545Supreme Court of New Hampshire Hillsborough Decided May 28, 1987 1. Trade Regulation — Consumer Protection Laws — Purpose The consumer protection act is a comprehensive statute designed to regulate business practices for consumer protection by making it unlawful for persons engaged in trade or commerce […]
PAPANDROU v. COMPANY, 91 N.H. 84 (1940)
13 A.2d 735 EVANGELINE PAPANDROU v. CALEDONIAN INSURANCE CO. SAME v. COMMONWEALTH INSURANCE COMPANY OF NEW YORK. SAME v. HARTFORD FIRE INSURANCE CO. No. 3163.Supreme Court of New Hampshire Hillsborough. Decided May 27, 1940. An insurer against fire is estopped to take advantage of its clause against double insurance where its agent before issuing the […]
ABBOTT v. COMPANY, 80 N.H. 301 (1922)
116 A. 751 WILLIAM H. ABBOTT v. CONCORD ICE COMPANY. Supreme Court of New Hampshire Merrimack. Decided February 7, 1922. Under the employers’ liability act, Laws 1911, c. 163, s. 3, no recovery can be had for an injury which does not disable the employee for a period of at least two weeks. In fixing […]
BOURASSA v. KEENE, 108 N.H. 261 (1967)
234 A.2d 112 KENNETH A. BOURASSA v. KEENE a. No. 5583.Supreme Court of New Hampshire Cheshire.Argued May 2, 1967. Decided October 6, 1967. 1. The statutory scheme for zoning in this state is geared to the proposition that the board of adjustment shall have a first opportunity to correct any action it has taken, if […]
BENTON v. COLLINS, 67 N.H. 498 (1893)
39 A. 442 BENTON a., Adm’rs, v. COLLINS a. Supreme Court of New Hampshire Coos. Decided June, 1893. A demurrer to a declaration in common form is not well taken, in a writ of entry brought by an administrator. WRIT OF ENTRY. The defendants’ demurrer to the declaration in the common form was overruled, subject […]
CASEY v. COMPANY, 79 N.H. 42 (1918)
104 A. 454 WILLIAM CASEY v. FRANK JONES BREWING COMPANY. Supreme Court of New Hampshire Rockingham. Decided June 29, 1918. An employee in a brewery may maintain an action against his employer upon Laws 1911, c. 163 for injuries received from a sliver of iron on the hoop of a barrel which the plaintiff was […]
RENEY v. HEBERT, 109 N.H. 74 (1968)
242 A.2d 72 ISAAC T. RENEY a. v. ROLAND J. HEBERT a. No. 5719.Supreme Court of New Hampshire Grafton.Argued May 7, 1968. Decided May 29, 1968. 1. A plain error in a deed will be rejected and the deed construed reasonably to conform to the intent of the parties. Robert A. Jones for the plaintiffs, […]