669 A.2d 212 PHILIP WORSTER v. MARK WATKINS No. 94-426Supreme Court of New Hampshire Hillsborough-southern judicial district Decided December 22, 1995 1. Evidence — Hearsay Exceptions — Unavailability Declarant was not unavailable to testify for purposes N.H. R. Ev. 804 (a)(5) because, although plaintiff’s efforts to locate declarant produced only two out-of-state addresses and plaintiff […]
Category: New Hampshire Court Opinions
MERRILL v. PUTNAM, 76 N.H. 390 (1912)
83 A. 94 MERRILL, Adm’r, Ap’t, v. PUTNAM. Supreme Court of New Hampshire Sullivan. Decided April 2, 1912. An appeal from the allowance of a will is not to be dismissed merely because all interested persons were not properly made parties to the proceeding in the probate court. PROBATE APPEAL, from a decree allowing the […]
APPEAL OF N.H. YOUTH DEV. CTR., 152 N.H. 86 (2005)
871 A.2d 67 APPEAL OF NEW HAMPSHIRE YOUTH DEVELOPMENT CENTER (New Hampshire Compensation Appeals Board). No. 2004-313.Supreme Court of New Hampshire Compensation Appeals Board.Argued: January 12, 2005. Opinion Issued: April 4, 2005. 1. Workers’ Compensation — Compensation — Simultaneous Benefits An injured worker who is entitled to social security benefits has no statutory right to […]
KING v. ROCHESTER, 67 N.H. 310 (1892)
39 A. 256 KING a. v. ROCHESTER. Supreme Court of New Hampshire Strafford. Decided December, 1892. One who bargains for a specific chattel is not bound to accept another similar chattel of equal value and usefulness. ASSUMPSIT, for non-acceptance of water valves. In August, 1891, the defendants agreed to buy of the plaintiffs a certain […]
DAVIE v. ASSOCIATION, 91 N.H. 494 (1941)
23 A.2d 377 JOHN S. B. DAVIE v. ROCHESTER CEMETERY ASSOCIATION. No. 3286.Supreme Court of New Hampshire Strafford. Decided December 2, 1941. A voluntary cemetery association, not organized or operated for private profit but devoted to the use and convenience of the public is for a charitable and public purpose; and is within the exemption […]
RAUTENBERG v. MUNNIS, 107 N.H. 446 (1966)
224 A.2d 232 CARL N. RAUTENBERG a. v. ALBERT MUNNIS a. No. 5524.Supreme Court of New Hampshire Belknap.Argued October 5, 1966. Decided November 30, 1966. 1. Upon the entry of a reserved case or a bill of exceptions in the Supreme Court exclusive power and jurisdiction over the subject matter is vested in that court […]
LUTHER v. COTE, 61 N.H. 129 (1881)
LUTHER v. AUSTIN A. COTE and IDA A. COTE. Supreme Court of New Hampshire Coos. Decided June, 1881. When personal property is sold and delivered to the vendee upon the condition that it shall remain the vendor’s till paid for, the title does not pass until the condition is performed. A married woman could not […]
STATE v. NEWELL, 141 N.H. 199 (1996)
679 A.2d 1142 THE STATE OF NEW HAMPSHIRE v. MARK NEWELL No. 94-662Supreme Court of New Hampshire Rockingham Decided July 16, 1996 1. Evidence — Prior Acts and Proceedings — Grounds for Admissibility In an assault case, where the defendant asserts self-defense, the victim’s peaceful or aggressive character is a pertinent trait, and the defendant […]
LISBON REGIONAL SCHOOL DIST. v. LANDAFF SCH. DIST., 114 N.H. 674 (1974)
327 A.2d 727 LISBON REGIONAL SCHOOL DISTRICT v. LANDAFF SCHOOL DISTRICT a. No. 6851Supreme Court of New Hampshire Grafton Decided October 31, 1974 1. Legislative history of language of “manifest hardship” grafted upon RSA 193:3 does not suggest intention to limit the transfer of school children by the State board of education to a more […]
BURSEY v. TOWN OF HUDSON, 143 N.H. 42 (1998)
719 A.2d 577 FAITH R. BURSEY v. TOWN OF HUDSON No. 96-753Supreme Court of New Hampshire Rockingham Decided September 30, 1998 1. Appeal and Error — Scope of Review — Record on Review Where issue as to whether plaintiff had property interest in real estate deeded to town by property tax lien required review of […]
CONCORD v. WATER SUPPLY COMM’N, 115 N.H. 614 (1975)
347 A.2d 173 CITY OF CONCORD v. WATER SUPPLY AND POLLUTION CONTROL COMMISSION No. 7241Supreme Court of New Hampshire Water Supply and Pollution Control Commission Decided October 31, 1975 1. Upon a review of the record, the supreme court could not find that the order of the water supply and pollution control commission requiring the […]
PERLMAN v. HAIGH, 90 N.H. 404 (1939)
10 A.2d 228 ANN PERLMAN, by her father and next friend, HARRY PERLMAN v. VERNA HAIGH. No. 3115.Supreme Court of New Hampshire Hillsborough. Decided December 5, 1939. Where a party has repeatedly indicated throughout a trial the ground of his action, he may properly assume that this phase of the case will be covered by […]
NATIONAL SHAWMUT BANK v. JONES, 108 N.H. 386 (1967)
236 A.2d 484 NATIONAL SHAWMUT BANK v. VICTOR L. JONES. No. 5644.Supreme Court of New Hampshire Rockingham.Argued November 7, 1967. Decided December 29, 1967. 1. A purchaser in good faith of an automobile, without knowledge that the sale to him was in violation of the security interest of another and bought in the ordinary course […]
REDLON CO. v. CORPORATION, 91 N.H. 502 (1941)
23 A.2d 370 N.E. REDLON COMPANY v. FRANKLIN SQUARE CORPORATION. No. 3269.Supreme Court of New Hampshire Strafford. Decided December 2, 1941. An order granting a new trial made by one justice of the Superior Court may with his consent be reviewed by another justice of that court and the former order vacated. Discretionary or interlocutory […]
VEZINA v. AMOSKEAG REALTY CO., 110 N.H. 66 (1969)
260 A.2d 115 EVELYN B. VEZINA by her conservator, ERNEST O. DUGAY v. AMOSKEAG REALTY COMPANY. No. 5888.Supreme Court of New Hampshire Hillsborough. Decided December 30, 1969. 1. Plaintiff’s testimony that, while a tenant of the defendant, she “fell in a bunch” in a bathroom maintained by the defendant for the common use of the […]
OPINION OF THE JUSTICES, 91 N.H. 534 (1941)
21 A.2d 163 OPINION OF THE JUSTICES. No. 3278a.Supreme Court of New Hampshire Decided June 30, 1941. No money can be drawn from the sinking fund by the Governor and Council except as pursuant to the terms of the act of 1931, c. 126. The act of 1931 contemplated no recurrence of a deficit in […]
BRIDGES v. COMPANY, 85 N.H. 220 (1931)
156 A. 697 JAMES H. BRIDGES v. GREAT FALLS MANUFACTURING COMPANY. Supreme Court of New Hampshire Strafford. Decided October 6, 1931. In case by an employee against his employer for negligence in maintaining a defective elevator, certain evidence justified the findings that the breaking of the cable was due to weakness induced by wear and […]
BERRY v. STATE, 103 N.H. 141 (1960)
167 A.2d 437 PEARL E. BERRY v. STATE. No. 4845.Supreme Court of New Hampshire Merrimack.Argued November 1, 1960. Decided January 20, 1961. 1. In determining the damages resulting from a limited-access highway layout which divided the plaintiff’s property into two separate parcels it was not error to permit one expert to testify to the value […]
THOMPSON v. TETLEY, 68 N.H. 481 (1896)
41 A. 179 THOMPSON, Assignee, v. TETLEY. Supreme Court of New Hampshire Belknap. Decided June, 1896. An assignee in insolvency cannot recover funds which a creditor of the insolvent, without the aid or co-operation of the latter, has obtained in satisfaction of his demand by suit brought in another state prior to the insolvency proceeding. […]
STATE v. MORAN, 158 N.H. 318 (2009)
THE STATE OF NEW HAMPSHIRE v. JAMES MORAN. No. 2008-026.Supreme Court of New Hampshire. Sullivan.Argued: November 12, 2008. Opinion Issued: January 29, 2009. 1. Criminal Law — Judgment and Sentence — Generally In New Hampshire, consent of the defendant cannot make an otherwise illegal sentence legal, regardless of whether that consent was given knowingly, intelligently, […]
BLASTOS v. HUMPHREY, 112 N.H. 352 (1972)
296 A.2d 918 MICHAEL E. J. BLASTOS a. d.b.a. MR. PIZZA v. DANIEL HUMPHREY. No. 5725.Supreme Court of New Hampshire Cheshire. Decided November 3, 1972. 1. Evidence of reasonable likelihood of substantial public confusion resulting from defendant’s use in his pizza take-out store sign of the prefix “Mr.” and of an outline of a man […]
BARTLETT v. BARTLETT, 116 N.H. 269 (1976)
357 A.2d 460 BENJAMIN T. BARTLETT, SR., a. v. BENJAMIN T. BARTLETT, JR., a. No. 7392Supreme Court of New Hampshire Rockingham Decided April 30, 1976 1. Equitable considerations may properly enter into question of enforcement of parties’ executory agreement and court order thereon entered in previous suit that never went to judgment. 2. Equity does […]
RUSSELL v. WOODBURY, 135 N.H. 432 (1992)
610 A.2d 798 RICHARD RUSSELL d/b/a MAINE MECHANICAL v. MARK AND KAREN WOODBURY No. 91-108Supreme Court of New Hampshire Portsmouth District Court Decided April 2, 1992 1. Liens — Mechanic’s Lien — Subcontractor’s Lien A subcontractor’s mechanic’s lien is limited by the amount the property owner owes the principal contractor. 2. Liens — Mechanic’s Lien […]
CLAREMONT c. CO. v. MILLS, 92 N.H. 468 (1943)
32 A.2d 823 CLAREMONT GAS LIGHT COMPANY v. MONADNOCK MILLS, INC. No. 3432.Supreme Court of New Hampshire Public Service Commission. Decided June 25, 1943. Except as modified by statute it is the general rule that unless an individual or corporation has publicly professed a readiness to perform a particular service no duty exists to render […]
MENGE v. MANCHESTER, 113 N.H. 533 (1973)
311 A.2d 116 JOHN A. MENGE v. CITY OF MANCHESTER a. No. 6574Supreme Court of New Hampshire Hillsborough Decided September 28, 1973 1. RSA 91-A:4 (Supp. 1972) provides that every citizen has the right to inspect all public records. 2. Statutory exemptions and exceptions in RSA ch. 91-A (Supp. 1972), the right to know law, […]
PEARSON v. RAILROAD, 62 N.H. 537 (1883)
PEARSON v. CONCORD RAILROAD CORPORATION a. Supreme Court of New Hampshire Merrimack. Decided June, 1883. A director of a railroad corporation stands in a fiduciary relation to the corporation, and is under the disability of a trustee. The relation of stockholders to the corporation being that of cestuis que trust, the action of common directors […]
CLARK LAVEY BENEFITS SOLUTIONS v. EDUC., 157 N.H. 220 (2008)
949 A.2d 133 CLARK LAVEY BENEFITS SOLUTIONS, INC. v. EDUCATION DEVELOPMENT CENTER, INC. No. 2007-423.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: April 10, 2008. Opinion Issued: May 2, 2008. 1. Trial — Civil Cases — Jury Instructions— Purpose The purpose of jury instructions is to identify issues of material fact, and to inform the […]
STATE v. WOODSUM, 137 N.H. 198 (1993)
624 A.2d 1342 THE STATE OF NEW HAMPSHIRE v. ROBERT WOODSUM No. 91-465Supreme Court of New Hampshire Rockingham Decided May 14, 1993 1. Criminal Law — Arraignment and Pleas — Plea Bargaining In trial for felonious sexual assault, trial court did not violate rules of evidence by excluding from evidence the defendant’s rejection of a […]
IN RE ESTATE OF WASHBURN, 141 N.H. 658 (1997)
690 A.2d 1024 IN RE ESTATE OF KATHERINE F. WASHBURN No. 95-567Supreme Court of New Hampshire Rockingham County Probate Court Decided March 12, 1997 1. Wills — Generally — Testamentary Capacity The beneficiary under a second will offered satisfactory evidence to rebut the presumption of capacity and to support the ruling that the testatrix was […]
MENARD v. CASHMAN, 94 N.H. 428 (1947)
55 A.2d 156 ROSE MENARD v. MARGARET E. CASHMAN. No. 3662.Supreme Court of New Hampshire Hillsborough. Decided October 7, 1947. The duty of a landlord to maintain a common stairway in reasonably safe condition extends alike to both invitees and licensees of his tenants, and where the use made of the stairs comes within the […]
PETITION OF TURGEON, 140 N.H. 52 (1995)
662 A.2d 82 PETITION OF RONALD TURGEON No. 93-627Supreme Court of New Hampshire Original Decided July 27, 1995 1. Appeal and Error — Scope of Review — Sentence Jurisdiction of sentence review division is limited; while division can review sufficiency and accuracy of information before sentencing court, it is not empowered to determine constitutionality of […]
BLANCHARD CO. v. COMPANY, 79 N.H. 295 (1919)
108 A. 291 GEORGE W. BLANCHARD SON Co. v. AMERICAN REALTY Co. Supreme Court of New Hampshire Coos. Decided November 4, 1919. In an action to recover one of several installments due on account of the purchase price of standing timber sold by the plaintiff to the defendant, the jury were properly instructed that if […]
AHEARN v. MANN, 60 N.H. 472 (1881)
AHEARN a., Ap’ts, v. MANN, Adm’r. Supreme Court of New Hampshire Strafford. Decided June, 1881. It is no ground for setting aside a verdict that after the jury retired they were called into court and instructed in the absence of counsel. Instructions to the jury that “the fact that a juror finds his judgment opposed […]
APPEALS OF TOWN OF BOW a., 133 N.H. 194 (1990)
575 A.2d 1301 APPEALS OF TOWNS OF BOW, NEWINGTON AND SEABROOK (New Hampshire Board of Tax and Land Appeals) Nos. 88-480, 88-481, 88-495Supreme Court of New Hampshire Board of Tax and Land Appeals Decided May 23, 1990 1. Taxation — Real Property — Equalization It is lawful, reasonable and constitutional for department of revenue administration […]
ANCTIL v. DUPONT, 96 N.H. 501 (1951)
79 A.2d 11 ROLAND R. ANCTIL, Adm’r v. AUGUSTE DUPONT. No. 4010.Supreme Court of New Hampshire Hillsborough. March 6, 1951. Whether a sum of money withdrawn from the decedent’s bank account by the defendant at the former’s request was actually delivered to the decedent presented a question of fact for the Court where no such […]
SEAVEY v. DRAKE, 62 N.H. 699 (1883)
SEAVEY v. DRAKE a., Ex’rs. Supreme Court of New Hampshire Merrimack. Decided June, 1883. IN EQUITY. Reported 62 N.H. 393. Facts found by the court. C. P. Sanborn and J. Y. Mugridge, for the plaintiff. W. L. Foster and S. Dana, for the defendants. STANLEY, J. The facts found at the trial are such as […]
OPINION OF THE JUSTICES, 131 N.H. 640 (1989)
557 A.2d 273 OPINION OF THE JUSTICES. No. 89-152.Supreme Court of New Hampshire Request of the House of Representatives. Decided May 11, 1989. 1. Taxation — Exemptions — Reasonableness Although legislature has broad power to create tax exemptions such as deductions, adjustments and credits, these exemptions must be reasonable and uniform. N.H. CONST. pt. 1, […]
LOGAN v. LOGAN, 120 N.H. 839 (1980)
424 A.2d 403 SHIRLEY M. LOGAN v. DAVID K. LOGAN No. 80-034Supreme Court of New Hampshire Cheshire Decided December 22, 1980 1. Parent and Child — Support — Stepchildren Uniform Civil Liability for Support Act imposes on stepparents the duty to support their stepchildren in a manner equal to and coextensive with their obligation to […]
COHEN’S CASE, 143 N.H. 169 (1998)
723 A.2d 937 COHEN’S CASE No. LD-97-007Supreme Court of New Hampshire Original Decided December 3, 1998 1. Appeal and Error — Standards of Review — Particular Cases In reviewing factual findings of judicial referee in an attorney disciplinary proceeding, supreme court’s only function is to determine whether a reasonable person could have reached same decision […]
GALLENTINE v. GEIS, 145 N.H. 701 (2001)
765 A.2d 696 DARLENE GALLENTINE v. FRANK J. GEIS D/B/A ARCHITECTURAL INSPECTIONS. No. 98-782Supreme Court of New Hampshire Belknap Decided January 19, 2001 1. Trial — Civil Cases — Generally — Post-Trial Orders and Procedure Decision to hold a post-trial hearing on damages is within sound discretion of trial court. 2. Trial — Civil Cases […]
PHIPPS v. McCABE, 116 N.H. 475 (1976)
362 A.2d 186 AARON PHIPPS, BY HIS MOTHER AND NEXT FRIEND, LYNNE M. PHIPPS v. RONALD B. McCABE RALPH R. PHIPPS v. RONALD B. McCABE No. 7439Supreme Court of New Hampshire Strafford Decided July 30, 1976 1. In order for the defendant to be negligent with respect to the plaintiff, his conduct must create a […]
HENNESSEY v. WALSH, 55 N.H. 515 (1875)
HENNESSEY v. WALSH. Supreme Court of New Hampshire Rockingham. Decided August 12, 1875. Proof of special trust — Resulting trust — Pleading — Roman Catholic church Jurisdiction. It appeared that the land on which the Catholic church and parsonage in Portsmouth stands was vested in the defendant Bacon, bishop of the diocese, no trust being […]
TYRRELL v. RAILROAD, 77 N.H. 320 (1914)
91 A. 179 CHARLES C. TYRRELL, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Grafton. Decided June 2, 1914. Where it appears that warnings which railroad employees failed to give after discovering a traveler in a position of danger might have enabled him to escape injury at a grade crossing, the question whether […]
COOK v. SARGENT, 78 N.H. 25 (1915)
95 A. 674 MAUD A. COOK v. OSCAR B. SARGENT. Supreme Court of New Hampshire Grafton. Decided October 5, 1915. An exception to findings of the trial court, on the ground that they are not in accordance with the weight of the evidence, raises no question of law. The objection that facts found by the […]
FISCHER v. GOVERNOR, 145 N.H. 28 (2000)
749 A.2d 321 DAVID J. FISCHER v. GOVERNOR a. No. 98-695Supreme Court of New Hampshire Merrimack Decided March 24, 2000 1. Appeal and Error — Questions Considered on Appeal —Particular Cases Trial court had proper parties before it and thus had authority to decide matter at issue, and therefore supreme court was not required to […]
TAYLOR v. THOMPSON, 61 N.H. 156 (1881)
TAYLOR v. THOMPSON. Supreme Court of New Hampshire Carroll. Decided December, 1881. In a suit against the maker of a promissory note, originally secured by mortgage of real estate, by an indorsee who has been compelled to purchase the note to protect a mortgage taken by him upon the same premises from a subsequent owner […]
STATE v. DESPRES, 107 N.H. 297 (1966)
220 A.2d 758 STATE v. RONALD N. DESPRES. No. 5496.Supreme Court of New Hampshire Nashua District Court.Argued June 8, 1966. Decided June 30, 1966. 1. The statutory provisions (RSA 502:18 (supp); RSA 502-A:11, 12 (supp); RSA 599:1 (supp)) for the trial of misdemeanors in the first instance in a municipal or district court with an […]
BROWN v. BERRY, 71 N.H. 241 (1902)
52 A. 870 BROWN a., Trustees, v. BERRY a. Supreme Court of New Hampshire Strafford. Decided March 7, 1902. Current expenses in the administration of a trust, such as taxes, insurance, and repairs, should be paid out of the gross income when such appears to have been the intent of the testator; but payments on […]
PHILBROOK v. ADAMS, 119 N.H. 298 (1979)
401 A.2d 1070 DONALD PHILBROOK v. BENJAMIN C. ADAMS, COMMISSIONER, a. No. 78-262Supreme Court of New Hampshire Merrimack Decided May 9, 1979 1. Unemployment Compensation — Eligibility — Availability for Work To be “ready, willing and able” to accept suitable work within the meaning of statute governing unemployment compensation benefits does not demand total availability, […]
WAGNER v. FRESCHL, 56 N.H. 495 (1876)
WAGNER v. FRESCHL. Supreme Court of New Hampshire FROM HILLSBOROUGH CIRCUIT COURT. Decided March 21, 1876. Partners — When bound by the fraudulent contract of a copartner. When one partner in a firm borrows money, representing that it is for the use of the firm, and gives a note of the firm therefor, without the […]
SMITH v. PATCH, 77 N.H. 75 (1913)
87 A. 252 RALPH G. SMITH, Trustee, v. OLIVE A. PATCH a. Supreme Court of New Hampshire Hillsborough. Decided June 3, 1913. Where a widow waives the provisions of a will which directs that the income of a trust fund be used for her benefit and that at her decease the principal be distributed “among […]
STATE v. HOLLORAN, 140 N.H. 563 (1995)
669 A.2d 800 THE STATE OF NEW HAMPSHIRE v. PATRICK W. HOLLORAN No. 94-558Supreme Court of New Hampshire Derry District Court Decided December 27, 1995 1. Highways — Motor Vehicles — Operating Under Influence What constitutes “actual physical control” will vary depending upon the facts of the case, but the primary focus of the inquiry […]
NORTH HAMPTON c. ASSN. v. COMMISSION, 94 N.H. 156 (1946)
48 A.2d 472 NORTH HAMPTON RACING BREEDING ASSOCIATION, INC. v. NEW HAMPSHIRE RACING COMMISSION. No. 3599.Supreme Court of New Hampshire Racing Commission. Decided June 27, 1946. The word “may” as employed in conferring powers upon the State Racing Commission, by R. L., c. 171, s. 11, to issue licenses for horse racing in the State […]
COLE v. PUTNAM, 62 N.H. 616 (1883)
COLE a. v. PUTNAM. Supreme Court of New Hampshire Hillsborough. Decided June, 1883. Upon the question whether the defendant has promised to pay a debt barred by the statute of limitations, his letter in reply to a demand of payment, stating that the matter will receive his earliest and best attention, is evidence competent to […]
KELLEY v. WOODWARD, 58 N.H. 153 (1877)
KELLEY v. WOODWARD. Supreme Court of New Hampshire Carroll. Decided August, 1877. Whether a verdict is against the evidence is a question of fact, to be decided at the trial term. TRESPASS. The defendant excepted to the refusal of the judge at the trial term to set aside a verdict for the plaintiff, as being […]
APPEAL OF PORTSMOUTH SAVINGS BANK, 123 N.H. 1 (1983)
455 A.2d 1023 APPEAL OF PORTSMOUTH SAVINGS BANK a. (New Hampshire Board of Trust Company Incorporation) Nos. 81-237, 81-238, 81-239, 81-240, 81-241 81-242, 81-243, 81-244Supreme Court of New Hampshire Board of Trust Company Incorporation Decided January 18, 1983 1. Administrative Law — Hearings — Due Process A basic requirement of due process is the right […]
FISK v. ALDRICH, 59 N.H. 113 (1879)
FISK v. ALDRICH, and the COUNTY OF HILLSBOROUGH, Trustee. Supreme Court of New Hampshire Hillsborough. Decided June, 1879. A complainant who has instituted and carried on a prosecution for a violation of the law relating to the sale of spirituous liquor, and has become entitled, by a judgment of court, to one half of fines […]
GOODE v. N.H. LEGISLATIVE BUDGET ASSISTANT, 145 N.H. 451 (2000)
767 A.2d 393 Henry F. Goode, Jr. v. New Hampshire Office of the Legislative Budget Assistant a. No. 98-255Supreme Court of New Hampshire Merrimack Decided December 5, 2000 1. Records — Right to Inspect — Particular Records Trial court erred in failing to order disclosure of preliminary materials prepared for, but not expressly incorporated in, […]
HUDSON v. MILLER, 119 N.H. 141 (1979)
399 A.2d 612 LELAND W. HUDSON v. GARY MILLER, DIRECTOR DIVISION OF MENTAL HEALTH No. 78-237Supreme Court of New Hampshire Merrimack Decided March 7, 1979 1. Constitutional Law — Due Process — Civil Remedies and Proceedings Labelling a proceeding “civil” does not foreclose due process and equal protection safeguards. N.H. CONST. pt. I, arts. 1, […]
ARANOSIAN OIL CO. v. CITY OF PORTSMOUTH, 136 N.H. 57 (1992)
612 A.2d 357 ARANOSIAN OIL COMPANY, INC. v. CITY OF PORTSMOUTH No. 91-043Supreme Court of New Hampshire Rockingham Decided July 27, 1992 1. Zoning — Appeal From Superior Court — Standard of Review Trial court’s denial of motion for rehearing will be upheld unless it is not supported by the evidence or is erroneous as […]
SWEENEY v. YOUNG, 82 N.H. 159 (1925)
131 A. 155 MARTIN C. SWEENEY, by next friend, v. WILLIAM H. YOUNG a. Supreme Court of New Hampshire Coos. Decided November 3, 1925. All judicial officers, when acting on subjects within their jurisdiction, are exempted from civil prosecution for their acts. When public officers are performing judicial duties, their liabilities are determined by the […]
SENATOR BELOW v. GARDNER, 148 N.H. 1 (2002)
963 A.2d 785 SENATOR CLIFTON BELOW a. v. WILLIAM M. GARDNER, SECRETARY OF STATE No. 2002-0243Supreme Court of New Hampshire OriginalArgued June 11, 2002 Opinion Issued June 24, 2002 1. Legislature — Apportionment — Constitutional Provisions The phrase “as nearly equal as may be in population” in the provision of the New Hampshire Constitution governing […]
RICHARDS v. RIZZI, 99 N.H. 327 (1954)
110 A.2d 275 JEANNETTE I. RICHARDS v. JOSEPH A. RIZZI. No. 4356.Supreme Court of New Hampshire Hillsborough.Argued December 7, 1954. Decided December 31, 1954. Evidence of plaintiff’s injuries and her ensuing suffering and incapacity for work resulting from defendant’s negligent operation of a motor vehicle was sufficient to warrant submission of the issue of damages […]
ATTORNEY-GENERAL v. MEADER, 80 N.H. 292 (1922)
116 A. 433 ATTORNEY-GENERAL v. HARRY H. MEADER a. Supreme Court of New Hampshire Strafford. Decided February 7, 1922. Bill of rights, art. 37 prohibits one department of the state government from interfering with another department or usurping its powers, but has no reference to the exercise of legislative and judicial powers by an official, […]
ROOP v. ROOP, 91 N.H. 47 (1940)
13 A.2d 474 DONALD FRASER ROOP v. VIRGINIA FRANCES RAYMOND ROOP. No. 3159.Supreme Court of New Hampshire Rockingham. Decided May 7, 1940. In the absence of a statute defining the requirements of jurisdiction for annulment of marriage it depends upon common-law principles; which are recognized and adopted in equity. Where both parties have always been […]
CHASE v. JEFTS, 58 N.H. 43 (1876)
CHASE v. JEFTS. Supreme Court of New Hampshire Sullivan. Decided December, 1876. In assumpsit brought to recover one half of fence-viewers’ fees paid by the plaintiff, a declaration containing common counts may be amended by the addition of a special count for the same cause of action, stating the facts necessary to entitle the plaintiff […]
STEINFIELD v. MONADNOCK MILLS, 81 N.H. 152 (1923)
123 A. 224 BERTHA STEINFIELD v. MONADNOCK MILLS. Supreme Court of New Hampshire Sullivan. Decided November 6, 1923. Parol evidence is admissible to show that the consideration named in a written agreement was also the consideration for another contract. An oral agreement for the future flowing of land confers no interest beyond a mere revocable […]
HUNTER v. CARROLL, 64 N.H. 572 (1888)
15 A. 17 HUNTER v. CARROLL. Supreme Court of New Hampshire Cheshire. Decided June, 1888. A court of equity will not order the removal of buildings which, by an innocent mistake as to the line, have been placed a little upon the plaintiff’s land, when it appears that the damage caused to the defendant by […]
WHITCOMB v. PEERLESS INSURANCE COMPANY, 141 N.H. 149 (1996)
679 A.2d 575 EDWARD WHITCOMB v. PEERLESS INSURANCE COMPANY a. No. 94-423Supreme Court of New Hampshire Cheshire Decided June 27, 1996 1. Insurance — Policies — Terms and Phrases By riding as a passenger in vehicle, the plaintiff was employing the car for the purpose of transportation and, accordingly, plaintiff was “using” the vehicle for […]
OPINION OF THE JUSTICES, 86 N.H. 597 (1933)
166 A. 640 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided May 19, 1933. State legislation denying to employers the right to contract with their employees relative to membership of the latter in labor unions is prohibited by the fourteenth amendment of the federal constitution. An act of the legislature denying to employers […]
ALBEE v. WOLFEBORO RAILROAD CO., 126 N.H. 176 (1985)
489 A.2d 148 EVERETT ALBEE v. WOLFEBORO RAILROAD CO., INC. a. No. 83-409Supreme Court of New Hampshire Carroll Decided March 1, 1985 1. Appeal and Error — Evidence — Weight Credibility as well as weight given to testimony is a question of fact for the court and if the findings could reasonably be made on […]
O’NEAL v. WOOLWORTH CO., 109 N.H. 197 (1968)
247 A.2d 183 MARION O’NEAL v. F.W. WOOLWORTH COMPANY. No. 5680.Supreme Court of New Hampshire Grafton.Argued September 4, 1968. Decided October 31, 1968. 1. In an action for personal injuries sustained by the plaintiff who slipped on a terrazzo entryway to defendant’s store proferred evidence of the store manager’s conduct in spreading an abrasive compound […]
STATE v. ANDREWS, 125 N.H. 158 (1984)
480 A.2d 889 THE STATE OF NEW HAMPSHIRE v. JAMES F. ANDREWS No. 83-293Supreme Court of New Hampshire Rockingham Decided July 3, 1984 1. Telecommunications — Electronic Surveillance — Authorization Orders In prosecution for possession with intent to distribute and conspiracy to distribute controlled drugs, the supreme court rejected defendant’s argument that the wiretap order […]
ELLSWORTH v. WATKINS, 101 N.H. 51 (1957)
132 A.2d 136 FERRIN G. ELLSWORTH AND ROCK W. DAVID v. THOMAS WATKINS, JR. No. 4537.Supreme Court of New Hampshire Carroll.Argued April 2, 1957. Decided May 23, 1957. 1. In actions to recover for personal injuries and property damage sustained to the plaintiffs as a result of defendant’s assault and battery upon them, the testimony […]
DUBE v. GAY, 69 N.H. 670 (1899)
46 A. 1049 DUBE, Adm’x, v. GAY. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. CASE, to recover for injuries resulting in the death of the plaintiff’s intestate, Joseph Dube, while employed by the defendant in laying a sewer. The defendant’s motion to direct a verdict for him was denied, subject to exception. Charles […]
JAFFREY v. HEFFERNAN, 105 N.H. 167 (1963)
195 A.2d 590 JAFFREY v. MICHAEL A. HEFFERNAN a. No. 5157.Supreme Court of New Hampshire Cheshire.Argued October 2, 1963. Decided December 3, 1963. 1. The Superior Court in the exercise of its equity jurisdiction may compel compliance with a valid town ordinance requiring residences to be set back a minimum distance from any public highway […]
GRAFTON COUNTY v. HAVERHILL, 68 N.H. 120 (1894)
40 A. 399 GRAFTON COUNTY v. HAVERHILL. Supreme Court of New Hampshire Grafton. Decided June, 1894. County farms are subject to taxation; but courthouses and jails are not, although not included in the list of property exempted from taxation by statute. PETITION, for abatement of taxes assessed in April, 1893, on the courthouse, jail, and […]
McKIBBIN v. CITY OF LEBANON, 149 N.H. 59 (2003)
816 A.2d 966 A.D. McKIBBIN v. CITY OF LEBANON No. 2001-742Supreme Court of New Hampshire GraftonArgued November 6, 2002 Opinion Issued January 21, 2003 1. Zoning and Planning — Judicial Review — Standard of Review The factual findings of city’s zoning board of adjustment are deeme prima facie lawful and reasonable, and will not be […]
PENN MUTUAL LIFE INS. CO. v. KELLEY, 88 N.H. 351 (1937)
189 A. 345 PENN MUTUAL LIFE INSURANCE CO. v. JAMES M. KELLEY a. Supreme Court of New Hampshire Hillsborough. Decided January 5, 1937. A policy of life insurance contained a provision for incontestability. A supplemental agreement provided that “this supplemental agreement shall be deemed to include the provisions of the policy relating to . . […]
COHEN v. INSURANCE CO., 98 N.H. 341 (1953)
101 A.2d 270 BENJAMIN COHEN a. v. JOHN HANCOCK MUTUAL LIFE INS. CO. No. 4230.Supreme Court of New Hampshire Rockingham.Argued November 4, 1953. Decided November 30, 1953. Payments of life insurance premiums by quarterly installments, by election of the insured, which in accordance with the published rates of the insurer were slightly higher on a […]
STATE v. CLARK, 158 N.H. 13 (2008)
THE STATE OF NEW HAMPSHIRE v. PETER CLARK. No. 2008-019.Supreme Court of New Hampshire. Carroll.Argued: September 17, 2008. Opinion Issued: October 30, 2008. 1. Offenses — Sexual Offenses — Statutes Child pornography must depict an actual child in order for its possession to fall outside the protections of the New Hampshire Constitution and within the […]
APPEAL OF HAROLD FRENCH, 162 N.H. 223 (2011)
APPEAL OF HAROLD FRENCH, (New Hampshire Board of Auctioneers). No. 2010-585.Supreme Court of New Hampshire. Board of Auctioneers.Argued: May 5, 2011. Opinion Issued: June 30, 2011. 1. Sales — Auctions — Powers and Liabilitiesof Auctioneers The Board of Auctioneers properly looked to the chapter pertaining to the regulation of auctions, for guidance in interpreting the […]
BURKE v. PIERRO, 159 N.H. 504 (2009)
JAMES BURKE a. v. ARTHUR PIERRO a. No. 2008-750.Supreme Court of New Hampshire. Carroll.Argued: September 10, 2009. Opinion Issued: December 16, 2009. 1. Property — Generally — Use Restrictions An equitable servitude is a property interest in a burdened land, appurtenant to the benefited land, which rests on a determination that the original promisor and […]
CRAWFORD v. RAILROAD, 76 N.H. 29 (1911)
78 A. 1078 CRAWFORD, Adm’r, v. MAINE CENTRAL RAILROAD. Supreme Court of New Hampshire Coos. Decided January 3, 1911. Where there is evidence to sustain a finding that a passenger’s illness was caused by the unsuitable condition of a railroad station, the mere possibility that it might have resulted from infection, without proof of exposure […]
WARREN v. HAYES, 74 N.H. 355 (1907)
68 A. 193 WARREN a. v. HAYES a. SAME v. DIXON. Supreme Court of New Hampshire Hillsborough. Decided November 5, 1907. A mortgage given to secure an indorser of the mortgagor’s note is not discharged as matter of law by payment of the obligation, but subsists for the benefit of an assignee thereof who advances […]
JENKINS v. GAINES, 100 N.H. 207 (1956)
122 A.2d 259 LAWRENCE A. JENKINS v. GLOVER GAINES. No. 4482.Supreme Court of New Hampshire Rockingham.Argued April 4, 1956. Decided April 27, 1956. Defendant’s argument to the jury concerning certain allegations of facts contained in plaintiff’s original declaration, which bore upon plaintiff’s due care, without disclosing the source thereof constituted reversible error where the declaration […]
EXETER v. BRITTON, 115 N.H. 209 (1975)
337 A.2d 356 TOWN OF EXETER v. JAMES R. BRITTON d.b.a. SHERWOOD FOREST No. 6998Supreme Court of New Hampshire Rockingham Decided April 30, 1975 1. A temporary injunction effective upon the filing by a town of an injunction bond conditioned upon the town reimbursing the defendant for any damages suffered if the injunction is found […]
McCARTHY v. RAILROAD, 92 N.H. 149 (1942)
27 A.2d 97 RALPH G. McCARTHY, Adm’r d.b.n., v. BOSTON MAINE RAILROAD. ETHEL INGRAM, Adm’x v. SAME. No. 3264.Supreme Court of New Hampshire Rockingham. June 2, 1942. The issue whether a locomotive engineer should have applied sand or blown his whistle at a crossing was immaterial where the emergency involved no more than a second […]
STATE v. COLCORD, 109 N.H. 231 (1968)
248 A.2d 80 STATE v. ANN COLCORD. No. 5790.Supreme Court of New Hampshire Hillsborough.Argued September 4, 1968. Decided November 26, 1968. 1. In an indictment charging the respondent with the unlawful possession and control of a narcotic drug (marijuana) RSA 318-A:2) the jury was properly instructed that the State had the burden of proving beyond […]
BILODEAU v. ANTAL, 123 N.H. 39 (1983)
455 A.2d 1037 MARY K. BILODEAU, ADMINISTRATRIX OF THE ESTATE OF DONAT BILODEAU, a. v. RICHARD ANTAL, M.D., a. No. 81-461Supreme Court of New Hampshire Rockingham Decided January 24, 1983 1. Attorney and Client — Unauthorized Practice — Generally It is clear that the legislature, when it enacted the statute which permits a party to […]
AUCLAIR TRANSPORTATION CO. v. RILEY, 96 N.H. 1 (1949)
69 A.2d 861 AUCLAIR TRANSPORTATION, INC. v. WILLIAM RILEY, Commissioner of Labor. No. 3831.Supreme Court of New Hampshire Hillsborough. Decided November 1, 1949. Although an employer transferred to a successor employing unit one of his businesses which comprised a large part of his total assets his successor is not entitled under the Unemployment Compensation Act […]
MONITOR PUBLISHING CO. v. HILL, 103 N.H. 397 (1961)
173 A.2d 725 MONITOR PUBLISHING COMPANY a. v. LEONARD S. HILL, Comptroller a. No. 4988.Supreme Court of New Hampshire Merrimack.Argued September 6, 1961. Decided September 14, 1961. 1. Laws 1961, 203:1 providing that members of the Legislature shall be allowed for each day of attendance twenty-five cents per round trip mile for the first forty-five […]
OPINION OF THE JUSTICES, 114 N.H. 711 (1974)
327 A.2d 713 OPINION OF THE JUSTICES No. 7050Supreme Court of New Hampshire Request of Governor and Council Decided November 4, 1974 1. A ballot cast by means of a voting machine is a “written ballot” within the meaning of part II, article 100 (c) of the State constitution, whose purpose is to ensure the […]
BURLEIGH v. LEUN, 83 N.H. 115 (1927)
139 A. 184 JENNIE W. BURLEIGH v. WONG SOON LEUN a. Supreme Court of New Hampshire Hillsborough. Decided October 4, 1927. Statutory provisions, including in particular P. L., c. 316, s. 6, that the superior court “shall take cognizance of civil actions . . . according to the course of the common law,” indicate a […]
GAGNE v. COMPANY, 87 N.H. 163 (1934)
175 A. 818 EDWARD GAGNE v. NEW HAVEN ROAD CONSTRUCTION COMPANY. Supreme Court of New Hampshire Hillsborough. Decided December 4, 1934. Under the workmen’s compensation act (P.L., c. 178) an employee is entitled to compensation if his injury resulted from the effect of a compensable accident upon a pre-existing physical abnormality. When the trial court […]
HOOKSETT DRIVE-IN THEATRE, INC. v. HOOKSETT, 110 N.H. 287 (1970)
266 A.2d 124 HOOKSETT DRIVE-IN THEATRE, INC. v. HOOKSETT No. 6072Supreme Court of New Hampshire Merrimack Decided June 2, 1970 1. The legislative intent in enacting RSA 31:41 was to grant to towns a police power to regulate and license open-air motion picture theatres in the interest of the public good, and not to grant […]
STATE v. SPINALE, 156 N.H. 456 (2007)
THE STATE OF NEW HAMPSHIRE v. MICHAEL SPINALE. No. 2006-872.Supreme Court of New Hampshire. Rockingham.Argued: October 25, 2007. Opinion Issued: November 30, 2007. 1. Evidence — Weight and Sufficiency — Generally With respect to sufficiency of the evidence, “sufficiency” is a term of art meaning that legal standard which is applied to determine whether the […]
SOUCY v. STATE, 127 N.H. 451 (1985)
506 A.2d 288 ROLAND M. SOUCY a. v. THE STATE OF NEW HAMPSHIRE No. 84-446Supreme Court of New Hampshire Hillsborough Decided December 5, 1985 1. Eminent Domain — Limitation of Powers The New Hampshire Constitution requires the payment of just compensation when a part of a man’s property is taken from him, or applied to […]
FLAGS I, INC. v. KENNEDY, 131 N.H. 412 (1989)
553 A.2d 778 FLAGS I, INC. v. PHILIP J. KENNEDY No. 87-431Supreme Court of New Hampshire Hillsborough Decided February 6, 1989 1. Pleading — Motion To Dismiss — Inferences In reviewing a trial court order granting a motion to dismiss, all facts the plaintiff has properly pleaded are assumed to be true and all reasonable […]
STATE v. LAKE, 125 N.H. 820 (1984)
485 A.2d 1048 THE STATE OF NEW HAMPSHIRE v. DAVID LAKE No. 83-511Supreme Court of New Hampshire Merrimack Decided December 31, 1984 1. Trial — Argument of Counsel — Closing Argument Although counsel is afforded wide latitude during closing argument, counsel may not argue facts that have not been introduced into evidence. 2. Trial — […]