99 A.2d 413 HAROLD E. DiPIETRO, Adm’r v. ROMEO LAVIGNE a. No. 4226.Supreme Court of New Hampshire Rockingham.Argued September 1, 1953. Decided September 22, 1953. While the granting or denial of a motion for a new trial is within the discretion of the Trial Court, the discretion in passing upon such a motion requesting an […]
Category: New Hampshire Court Opinions
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 — […]
APPEAL OF CITY, PORTSMOUTH BD., FIRE COMM’RS, 137 N.H. 552 (1993)
630 A.2d 769 APPEAL OF CITY OF PORTSMOUTH, BOARD OF FIRE COMMISSIONERS (New Hampshire Public Employee Labor Relations Board) No. 92-225Supreme Court of New Hampshire Public Employee Labor Relations Board Decided August 25, 1993 1. Administrative Law — Judicial Review — Standards The findings of PELRB are deemed prima facie lawful and reasonable and will […]
CARLETON v. CATE, 56 N.H. 130 (1875)
CARLETON v. CATE. Supreme Court of New Hampshire FROM GRAFTON CIRCUIT COURT. Decided August 13, 1875. Breaking and entering waived — Case for consequential damages. An action on the case may be maintained to recover damages for obstructing a way which the plaintiff had across the land of a third person, although certain logs, which […]
BLY v. RAILWAY, 67 N.H. 474 (1893)
32 A. 764 BLY, Adm’r, v. NASHUA STREET RAILWAY. Supreme Court of New Hampshire Hillsborough. Decided June, 1893. The statute (G. L., c. 269, s. 14) limiting the speed of riding through a street in the compact part of a town applies to a street railway corporation, although its charter provides that the mayor and […]
TOWN OF TUFTONBORO v. LAKESIDE COLONY, INC., 119 N.H. 445 (1979)
403 A.2d 410 TOWN OF TUFTONBORO v. LAKESIDE COLONY, INC. a. LAKESIDE COLONY, INC. v. TOWN OF TUFTONBORO a. No. 78-209Supreme Court of New Hampshire Carroll Decided June 20, 1979 1. Zoning — Powers of Municipality — Subdivision Controls Imposition of subdivision controls is an exercise of the police power, Page 446 and it seeks […]
STATE v. STEEVES, 158 N.H. 672 (2009)
THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER STEEVES. No. 2008-372.Supreme Court of New Hampshire. Derry District Court.Argued: March 17, 2009. Opinion Issued: May 7, 2009. 1. Search and Seizure — Generally — Investigative Stops In deciding whether an officer conducted a lawful investigatory stop, the court conducts a two-step inquiry: first, it determines when the […]
BARKER v. COMPANY, 80 N.H. 118 (1921)
114 A. 22 JOSEPH H. BARKER v. PUBLISHERS’ PAPER COMPANY. Supreme Court of New Hampshire Grafton. Decided April 5, 1921. In trespass q. c. f., for a continued occupation of the plaintiff’s premises by the operation of a lumber mill, the expense which the defendant would have incurred by moving the mill to another site […]
STATE v. WELLINGTON, 150 N.H. 782 (2004)
846 A.2d 1171 THE STATE OF NEW HAMPSHIRE v. JAMES WELLINGTON. No. 2003-209.Supreme Court of New Hampshire MerrimackArgued: February 5, 2004. Opinion Issued: April 20, 2004. 1. Criminal Law — Right to Effective Counsel — Expert Services An indigent defendant’s access to experts lies within the sound discretion of the court; to warrant a favorable […]
ANGELOWITZ v. NOLET, 103 N.H. 347 (1961)
172 A.2d 103 ISAAC ANGELOWITZ v. ROBERT J. NOLET. No. 4908.Supreme Court of New Hampshire Coos.Argued May 2, 1961. Decided June 30, 1961. 1. The statutory provision (RSA 517:11) that a party’s deposition may be used at the trial “unless the deponent is in attendance” does not preclude use of a deposition at the trial […]
HAMBERGER v. EASTMAN, 106 N.H. 107 (1964)
206 A.2d 239 CARL H. HAMBERGER a. v. CLIFFORD C. EASTMAN. No. 5258.Supreme Court of New Hampshire Belknap.Argued October 6, 1964. Decided December 30, 1964. 1. The allegations of the tenant plaintiffs that the defendant landlord installed and concealed a listening and recording device in their bedroom and that this device was connected to the […]
STATE v. CUSHING, 119 N.H. 777 (1979)
407 A.2d 823 THE STATE OF NEW HAMPSHIRE v. MICHAEL C. CUSHING No. 79-136Supreme Court of New Hampshire Rockingham Decided October 24, 1979 Judgments — Default — Grounds for Denial Where defendant, who was appealing pro se separate convictions for criminal trespass and criminal mischief, had been out of the country when notice of arraignment […]
BARCLAY v. DUBLIN LAKE CLUB, 89 N.H. 500 (1938)
1 A.2d 633 ALICE M. BARCLAY v. DUBLIN LAKE CLUB. Supreme Court of New Hampshire Cheshire. Decided September 6, 1938. A contract purporting to be a purchase of property by a corporation is not binding upon it where the directors, being misinformed by one of their number, who was without any general power to make […]
CILLEY v. DEARBORN, 75 N.H. 563 (1910)
78 A. 496 CILLEY, Ex’r, v. DEARBORN a. Supreme Court of New Hampshire Belknap. Decided December 6, 1910. If a plea and brief statement do not set forth a valid defence to an action, the exclusion of competent evidence in support of the allegations is not reversible error. One who signs a promissory note as […]
MARTIN v. STONE, 67 N.H. 367 (1892)
29 A. 845 MARTIN, Adm’r, v. STONE, Ex’r. Supreme Court of New Hampshire Merrimack. Decided December, 1892. A written promise, expressed as for value received, to pay a person named, or her order, a certain sum, to be allowed at the decease of the signer, with interest at five per cent. annually, is a negotiable […]
WOODS v. SAVINGS INSTITUTION, 58 N.H. 184 (1877)
WOODS v. MILFORD F. C. SAVINGS INSTITUTION. Supreme Court of New Hampshire Hillsborough. Decided August, 1877. A depositary of money, who, having been charged as trustee therefor in a suit against the depositor’s guardian for the depositor’s board, has been compelled by legal process to pay the money in satisfaction of the judgment rendered in […]
STATE v. ARILLO, 131 N.H. 295 (1988)
553 A.2d 281 THE STATE OF NEW HAMPSHIRE v. SHERMAN T. ARILLO No. 87-400Supreme Court of New Hampshire Hillsborough Decided December 28, 1988 1. Criminal Law — Accessories and Principals — Elements The crime of accomplice liability requires some active participation by the accomplice. RSA 626:8, III(a). 2. Criminal Law — Accessories and Principals — […]
CLOUGH v. CLOUGH, 64 N.H. 509 (1888)
15 A. 127 CLOUGH a. v. CLOUGH. Supreme Court of New Hampshire Belknap. Decided June, 1888. M., by will, gave certain land to C. “if she should have living issue,” if not, then over. C. had a living daughter whom she survived. After the death of C. the remainder-men claimed the land against the grantee […]
NEWPORT v. STATE, 115 N.H. 506 (1975)
345 A.2d 402 TOWN OF NEWPORT v. STATE OF NEW HAMPSHIRE No. 6948Supreme Court of New Hampshire Board of Taxation Decided September 30, 1975 1. The function of a statutory requirement that notice be delivered by registered or certified mail is to assure delivery and to provide a means of resolving disputes between the parties […]
TIBBETTS v. TIBBETTS, 109 N.H. 239 (1968)
248 A.2d 75 CLARA A. TIBBETTS v. ERNEST W. TIBBETTS. No. 5809.Supreme Court of New Hampshire Strafford.Argued October 1, 1968. Decided November 26, 1968. 1. A divorce on the ground of extreme cruelty is granted not so much to punish the libelee for offenses already committed as to relieve the complaining party from apprehended danger. […]
DESCHENES v. DESCHENES, 109 N.H. 389 (1969)
254 A.2d 278 EVA C. DESCHENES a. v. ESTATE OF AMEDEE M. DESCHENES. No. 5892.Supreme Court of New Hampshire Cheshire.Argued March 4, 1969. Decided June 3, 1969. 1. In the absence of permission either from the heirs or the probate court operation of the decedent’s business by the administratrix of the estate is at her […]
STATE v. GIORDANO, 134 N.H. 718 (1991)
599 A.2d 109 THE STATE OF NEW HAMPSHIRE v. VINCENT GIORDANO No. 89-342Supreme Court of New Hampshire Rockingham Decided November 6, 1991 1. Appeal and Error — Preservation of Questions — Failure To Object A contemporaneous and specific objection is required to preserve an issue for appellate review. 2. Criminal Law — Sentence — Presentence […]
McMAHON v. SALEM, 104 N.H. 219 (1962)
182 A.2d 463 CHARLES T. McMAHON v. SALEM a. No. 5050.Supreme Court of New Hampshire Rockingham.Argued June 6, 1962. Decided June 29, 1962. 1. Pursuant to a vote of the town approving an article in the town warrant “to authorize” the town manager to appoint a permanent recreational committee consisting of one member each from […]
COCHRAN v. LATON, 78 N.H. 562 (1918)
103 A. 658 HARLAN A. COCHRAN, Adm’r, v. GEORGE P. LATON. Supreme Court of New Hampshire Rockingham. Decided March 5, 1918. Case against a physician for negligently abandoning and thereby causing the death of the plaintiff’s intestate is an action of tort for physical injuries within the meaning of P. S., c. 191, ss. 8-13, […]
BUILDERS ASS’N v. WALSH PUBLISHING CORP., 116 N.H. 225 (1976)
356 A.2d 663 BUILDERS ASSOCIATION OF GREATER BOSTON FORMERLY KNOWN AS THE HOME BUILDERS ASSOCIATION OF GREATER BOSTON v. WALSH PUBLISHING CORPORATION No. 7116Supreme Court of New Hampshire Rockingham Decided April 30, 1976 1. Agreed facts did not compel a finding that defendant’s bare oral statement to plaintiff that another publisher would publish plaintiff’s yearbook […]
APPEAL OF TOWN OF CONWAY, 121 N.H. 372 (1981)
430 A.2d 154 APPEAL OF TOWN OF CONWAY (New Hampshire Public Employee Labor Relations Board) No. 80-372Supreme Court of New Hampshire Public Employee Labor Relations Board Decided May 7, 1981 1. Statutes — Construction and Application — Plain Language Public Employee Labor Relations Board’s interpretation of “employees” to mean “positions”, and its policy of certifying […]
ESHLEMAN’S CASE, 126 N.H. 1 (1985)
489 A.2d 571 ESHLEMAN’S CASE No. 83-322Supreme Court of New Hampshire Original Decided January 2, 1985 1. Attorney and Client — Reprimand, Suspension and Disbarment — Generally The supreme court is empowered to impose either disbarment or indefinite suspension as sanctions against attorneys to protect the public and the integrity of the legal profession. RSA […]
O’BRIEN v. CONTINENTAL INS. CO., 141 N.H. 522 (1996)
687 A.2d 262 EUGENE R. AND DEBORAH A. O’BRIEN v. CONTINENTAL INSURANCE COMPANY No. 94-777Supreme Court of New Hampshire Carroll Decided December 30, 1996 1. Appeal and Error — Standards of Review — Generally The trial court’s decision whether to strike an entry of default is within its discretion; the supreme court will not disturb […]
F. A. LARSON REALTY CO. v. HAYES, 114 N.H. 501 (1974)
323 A.2d 914 F. A. LARSON REALTY CO., INC. v. ROBERT C. HAYES No. 6677Supreme Court of New Hampshire Merrimack Decided July 30, 1974 1. The evidence supported the holding that the plaintiff-broker had substantially complied with its contract to find a buyer for certain real estate on the defendant-seller’s terms. 2. Reasonable persons could […]
PETITION OF JUDICIAL CONDUCT COMM., 151 N.H. 123 (2004)
855 A.2d 535 PETITION OF THE JUDICIAL CONDUCT COMMITTEE. No. 2003-798.Supreme Court of New Hampshire Original.Argued: May 12, 2004. Opinion Issued: June 14, 2004. 1. Constitutional Law — Separation of Powers — Generally The separation of powers directive “is violated by an improper imposition upon one branch of constitutional duties belonging to another, or, an […]
BATCHELDER v. BATCHELDER, 66 N.H. 31 (1889)
20 A. 728 BATCHELDER a. v. BATCHELDER. Supreme Court of New Hampshire Merrimack. Decided December, 1889. A creditor cannot maintain a suit commenced during the pendency of insolvency proceedings and before the debtor can apply for a discharge, if the claim upon which the suit is founded is one which would be barred by the […]
ELLIOTT v. LISBON, 57 N.H. 27 (1876)
ELLIOTT v. LISBON. Supreme Court of New Hampshire FROM GRAFTON CIRCUIT COURT. Decided March 21, 1876. Under Gen. Stats., ch. 69, a town is liable for damage happening, by reason of an insufficient highway, to a two-year-old colt, driven with other colts along the same. FROM GRAFTON CIRCUIT COURT. CASE, for damages to the plaintiff’s […]
LANGFORD v. TOWN OF NEWTON, 119 N.H. 470 (1979)
403 A.2d 414 PAUL A. LANGFORD STEPHEN W. SANTRY v. TOWN OF NEWTON No. 79-002Supreme Court of New Hampshire Rockingham Decided June 20, 1979 1. Taxation — Appraisal and Assessment — Abatements In regard to petition for abatement of real estate taxes, plaintiffs, who were not owners of the property at time of the property […]
OUELLETTE v. OUELLETTE, 100 N.H. 434 (1957)
129 A.2d 201 JOSEPH OUELLETTE v. ALEXINA OUELLETTE. No. 4550.Supreme Court of New Hampshire Hillsborough.Argued January 3, 1957. Decided January 31, 1957. Where a decree of legal separation had already been granted to the plaintiff the issue raised by defendant’s motion to vacate the decree and enter one in her favor upon the filing of […]
NILSSON v. BIERMAN, 150 N.H. 393 (2003)
839 A.2d 25 LEIF NILSSON v. JOSEPH A. BIERMAN. No. 2003-028.Supreme Court of New Hampshire Hillsborough-northern Judicial DistrictArgued: October 9, 2003. Opinion Issued: December 29, 2003. 1. Negligence — Damages — Comparative Damages In statute pertaining to apportionment of damages, the word “party” refers to parties to an action, including settling parties. RSA 507:7-e, I(b). […]
GAGE v. O’NEILL, 78 N.H. 539 (1918)
103 A. 262 WILLIAM A. GAGE a. v. JOHN O’NEILL, Adm’r’. SAME v. JOHN O’NEILL, Ex’r. Supreme Court of New Hampshire Hillsborough. Decided January 1, 1918. Bequest by husband to wife for her natural life “for her comfort, pleasure and maintenance, and the control and management of the same,” with remainder to his heirs. On […]
SPRAGUE v. CORNISH, 59 N.H. 161 (1879)
SPRAGUE v. CORNISH. Supreme Court of New Hampshire Sullivan. Decided June, 1879. In an action against a town to recover the price of liquors sold to an agent of the town for the sale of spirituous liquor, the record required by law to be made of the rules and regulations prescribed for the observance of […]
STATE v. BRODOWSKI, 135 N.H. 197 (1991)
600 A.2d 925 THE STATE OF NEW HAMPSHIRE v. MICHAEL BRODOWSKI No. 90-273Supreme Court of New Hampshire Hillsborough Decided December 31, 1991 1. Appeal and Error — Preservation of Questions — Failure To Present Below Issues will not be considered on appeal that were not presented in the lower court. 2. Appeal and Error — […]
MORIN v. J. H. VALLIERE CO., 113 N.H. 431 (1973)
309 A.2d 153 DONALD P. MORIN, SR. v. J. H. VALLIERE, CO. a. SAME v. NORTHERN HEATING PLUMBING CO., INC. a. Nos. 6515, 6516Supreme Court of New Hampshire Belknap Decided August 27, 1973 1. Res judicata is generally interpreted to cover all the various ways in which a judgment in one action will have a […]
BARRY v. HORNE, 117 N.H. 693 (1977)
377 A.2d 623 JAMES J. BARRY, SR. v. R. A. HORNE No. 7766Supreme Court of New Hampshire Hillsborough Decided August 29, 1977 1. Depositions and Discovery — Generally — Scope Secrecy permitted by statute providing that no party shall be compelled, in testifying or giving a deposition, to disclose the names of the witnesses by […]
XYDIAS v. DAVIDSON RUBBER CO., 131 N.H. 721 (1989)
560 A.2d 627 VASSILIOS A. XYDIAS v. DAVIDSON RUBBER COMPANY a. No. 88-128Supreme Court of New Hampshire Strafford Decided June 28, 1989 1. Workers’ Compensation — Finding of Disability — Question of Fact The trial court’s determination as to the existence of an injury suffered by a workers’ compensation claimant and the extent of the […]
STATE v. SOLOMON, 157 N.H. 47 (2008)
THE STATE OF NEW HAMPSHIRE v. ERNEST SOLOMON. No. 2007-290.Supreme Court of New Hampshire. Derry District Court.Argued: February 21, 2008. Opinion Issued: March 20, 2008. 1. Criminal Law — Double Jeopardy —Generally It is fundamental that under the double jeopardy clauses of the New Hampshire and United States Constitutions, a defendant has a valued right […]
LEWIS v. SHAWMUT BANK, 139 N.H. 50 (1994)
650 A.2d 744 BRUCE LEWIS d/b/a LEWIS COMPANIES v. SHAWMUT BANK, N.A. No. 93-427Supreme Court of New Hampshire Hillsborough-southern judicial district Decided September 29, 1994 1. Liens — Statutory Liens — Mechanic’s Liens A mechanic’s lien has precedence and priority over prior mortgages based on construction loans. RSA 447:12-a. 2. Contracts — Construction Contracts — […]
AMERICAN c INSURANCE CO. v. KOPKA, 88 N.H. 182 (1936)
186 A. 335 AMERICAN MOTORISTS INSURANCE CO. v. JOHN KOPKA, SR. a. Supreme Court of New Hampshire Hillsborough. Decided June 2, 1936. An insurer against liability for bodily injuries caused by the assured is liable for the hospital and medical expenses incurred by a parent as a result of the injuries sustained by his minor […]
TOPPAN v. EASTERN RAILROAD CO., 61 N.H. 640 (1881)
TOPPAN v. EASTERN RAILROAD CO. Supreme Court of New Hampshire Rockingham. Decided December, 1881. CASE. Facts found by a referee whose report for the plaintiff was based on the defendants’ negligence found as a fact. Judgment for the plaintiff. SMITH, J., did not sit: the others concurred. Marston Eastman, for the plaintiff. J. Hatch, for […]
SUN OIL CO. v. CLARKE, 103 N.H. 238 (1961)
169 A.2d 274 SUN OIL COMPANY v. FREDERICK N. CLARKE, Commissioner. No. 4901.Supreme Court of New Hampshire Merrimack.Argued March 7, 1961. Decided April 4, 1961. 1. Where a distributor of motor fuels in making monthly returns to the Commissioner of Motor Vehicles for the road toll imposed by RSA 265:4 employed the method permitted by […]
GOGLIA v. RAND, 114 N.H. 252 (1974)
319 A.2d 281 SAM GOGLIA v. JEANNE RAND a. COEXECUTRICES OF THE ESTATE OF THOMAS HIXON No. 6463Supreme Court of New Hampshire Belknap Decided April 30, 1974 1. Evidence of lessor’s oral promise to clean up and repair commercial properties and ready them for use before lessee took possession was properly received as an exception […]
CRAM v. SHACKLETON, 64 N.H. 44 (1886)
5 A. 715 CRAM v. SHACKLETON Tr. Supreme Court of New Hampshire Strafford. Decided June, 1886. The money of A cannot be held by trustee process to pay the debt of B, although it was intrusted to B to be used for a particular purpose, and by him wrongfully put into the hands of the […]
FAULKNER v. FAULKNER, 93 N.H. 451 (1945)
44 A.2d 429 RICHARD M. FAULKNER a., Ap’ts v. WINTHROP FAULKNER, Trustee, a. ELLEN FAULKNER a., Ap’ts v. SAME. JOHN C. FAULKNER a., Ap’ts v. SAME. WILLIAM E. FAULKNER a., Ap’ts v. SAME. No. 3544.Supreme Court of New Hampshire Cheshire. Decided November 6, 1945. A power of appointment granted to B by the will of […]
BUELL v. COMPANY, 77 N.H. 55 (1913)
86 A. 256 JOHN BUELL v. BERLIN MILLS CO. Supreme Court of New Hampshire Coos. Decided March 4, 1913. In an action for personal injuries against employers, certain evidence deemed sufficient to warrant a submission of the questions whether the defendants performed their duty of care in providing a safe work-place and whether the plaintiff […]
STATE v. ROBERTS, 59 N.H. 256 (1879)
STATE v. ROBERTS. Supreme Court of New Hampshire Coos. Decided June, 1879. The right to have migratory fish pass in their accustomed course up and down rivers and streams is a public right, which may be regulated and protected by the legislature. An owner of land on which is a natural trout-pond, which furnishes a […]
STATE v. SHANNON, 155 N.H. 135 (2007)
THE STATE OF NEW HAMPSHIRE v. MICHAEL SHANNON. No. 2006-056.Supreme Court of New Hampshire Rockingham.Argued: December 6, 2006. Opinion Issued: April 4, 2007. 1. Criminal Law — Victims — Restitution The legislature intends courts to presume that a defendant responsible for a victim’s loss will pay restitution to the victim. The State bears the burden […]
AYERS v. RAILROAD, 68 N.H. 208 (1894)
39 A. 1021 AYERS v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided December, 1894. Whether a plaintiff who was injured while attempting to load milk-cans upon a slowly moving train was guilty of contributory negligence, is a question for the jury. CASE, for personal injuries. Verdict for the plaintiff. The plaintiff shipped […]
BLODGETT v. JOHNSON, 72 N.H. 92 (1903)
54 A. 1021 BLODGETT v. JOHNSON. Supreme Court of New Hampshire Merrimack. Decided April 7, 1903. A contract whereby the lessee of a sawmill sells its future product is terminated by the destruction of the mill by fire; and a provision for the renewal of such contract does not give the vendee a right to […]
WILSON v. MILLS, 66 N.H. 315 (1890)
22 A. 455 WILSON v. MILLS. Supreme Court of New Hampshire Hillsborough. Decided June, 1890. Under the homestead act of 1851 a married woman did not release her homestead in the estate of her husband by signing his mortgage deed, without witnesses or seal, after its delivery and record. Representations of a married woman, that […]
STATE v. JAROMA, 137 N.H. 143 (1993)
625 A.2d 1049 THE STATE OF NEW HAMPSHIRE v. AL JAROMA No. 91-259Supreme Court of New Hampshire Hillsborough Decided April 28, 1993 1. Search and Seizure — Issuance of Warrant — Contents Appropriate focus in attacking facially valid warrant on ground that it contains misrepresentations is whether it contains misrepresentations made by the affiant. 2. […]
WISUTSKIE v. MALOUIN, 88 N.H. 242 (1936)
186 A. 769 JOHN WISUTSKIE v. RAYMOND C. MALOUIN. Supreme Court of New Hampshire Merrimack. Decided September 1, 1936. The finding of the trial court on a motion to set aside a verdict as against the weight of the evidence is final unless there is no evidence to warrant it. When such a motion is […]
CROTEAU v. ASH, 102 N.H. 453 (1960)
159 A.2d 582 PHILIP W. CROTEAU v. FRANCES ASH a. No. 4801.Supreme Court of New Hampshire Cheshire.Argued February 2, 1960. Decided March 31, 1960. 1. Misrepresentation by the defendant real estate brokers of their authority to sell certain real estate, and that a document executed by the plaintiff as purchaser and one of several heirs […]
DZIEDZIE v. COMPANY, 81 N.H. 516 (1925)
129 A. 271 ANTONIO DZIEDZIE v. NEWMARKET MANUFACTURING COMPANY. Supreme Court of New Hampshire Rockingham. Decided April 7, 1925. When the situation in which an employee is put to work contains a danger which would be apparent to one of average intelligence, it may be found to be negligence on the part of the employer […]
KIRKE v. COUNTY, 76 N.H. 181 (1911)
80 A. 1046 KIRKE v. STRAFFORD COUNTY. Supreme Court of New Hampshire Strafford. Decided June 24, 1911. A witness for the state in a criminal proceeding, who has been confined in jail because of his inability to furnish sureties for his appearance before the superior court, is entitled to fees for the period of his […]
IN THE MATTER OF NYHAN NYHAN, 151 N.H. 739 (2005)
867 A.2d 470 IN THE MATTER OF JOYCE K. NYHAN AND WILLIAM J. NYHAN. No. 2004-106.Supreme Court of New Hampshire Brentwood Family Division.Argued: January 19, 2005. Opinion Issued: February 23, 2005. 1. Divorce — Practice and Procedure — Particular Matters Where instructions were for the trial court, on remand, to address the narrow issue of […]
SPENCER v. GODDARD, 62 N.H. 702 (1883)
SPENCER, Ap’t, v. GODDARD, Adm’x. Supreme Court of New Hampshire Sullivan. Decided June, 1883. APPEAL from the decision of the commissioner of insolvency on the estate of the defendant’s intestate, disallowing the plaintiff’s claim for money overpaid. Facts found by a referee. H. W. Parker, for the plaintiff. H. Holt, for the defendant. SMITH, J. […]
STATE v. DICKSON, 116 N.H. 175 (1976)
355 A.2d 822 STATE OF NEW HAMPSHIRE v. ROBERT W. DICKSON STATE OF NEW HAMPSHIRE v. GEORGE A. ROGERS No. 7269 No. 7308Supreme Court of New Hampshire Hillsborough Milford District Court Decided March 31, 1976 1. The two-tier court system requiring defendants to be tried in the district court without jury subject to appeal with […]
STATE v. KNOWLES, 128 N.H. 89 (1986)
509 A.2d 148 THE STATE OF NEW HAMPSHIRE v. ASA H. KNOWLES, III No. 85-159Supreme Court of New Hampshire Hampton District Court Decided May 9, 1986 1. Fish and Game — Rules and Regulations To prove a taking of an overlimit of clams, a violation of Fish and Game rules, the State must establish either […]
KELLY v. SIMOUTIS, 90 N.H. 87 (1939)
4 A.2d 868 JOHN E. KELLY v. STANLEY SIMOUTIS. No. 3037.Supreme Court of New Hampshire Hillsborough. Decided February 7, 1939. The law of Connecticut accords with the law of this state that a workman who carries others to their place of work upon an understanding that they shall contribute toward the expense of operating his […]
ANDERSON v. FIDELITY CAS. CO. OF N.Y., 134 N.H. 513 (1991)
594 A.2d 1293 G. WELLS ANDERSON v. FIDELITY CASUALTY COMPANY OF NEW YORK No. 90-456Supreme Court of New Hampshire Merrimack Decided July 26, 1991 1. Insurance — Automobile Policies — Uninsured Motorist Coverage In cases where multiple tort-feasors are responsible for plaintiff’s injuries, an uninsured motorist insurance carrier is entitled to set off amounts recovered […]
DOUZANIS v. BOSTON MAINE c. CO., 90 N.H. 558 (1939)
7 A.2d 393 ARTHUR DOUZANIS v. BOSTON MAINE TRANSPORTATION CO. a. No. 3082.Supreme Court of New Hampshire Hillsborough. Decided June 22, 1939. CASE, to recover for personal injuries sustained by the plaintiff in a collision between an automobile in which he was riding and a motor bus owned by the defendant company and operated by […]
PETITION OF THAYER, 145 N.H. 177 (2000)
761 A.2d 1052 PETITION OF W. STEPHEN THAYER, III JD-2000-001Supreme Court of New Hampshire Original Decided August 15, 2000 1. Courts — Jurisdiction — Generally Inssuance of a writ of prohibition is proper to prevent a tribunal possessing judicial or quasi-judicial powers from exercising jurisdiction over matters not within its cognizance. 2. Courts — Supreme […]
D’AMOURS v. HILLS, 96 N.H. 498 (1951)
79 A.2d 348 ERNEST R. D’AMOURS, Director, Ap’t v. ARTHUR STEDMAN HILLS a., Trustees, Ap’ees. No. 4006.Supreme Court of New Hampshire Hillsborough. March 6, 1951. The State Director of the Register of Charitable Trusts is not required by the provisions of R. L., c. 365, s. 3 to furnish a bond in order to perfect […]
CHAMPOLLION v. CORBIN, 71 N.H. 78 (1901)
51 A. 674 CHAMPOLLION v. CORBIN a., Ex’rs. Supreme Court of New Hampshire Sullivan. Decided October 28, 1901. Shares of corporate stock are property in the nature of choses in action and personalty, although the assets of the corporation may consist largely of real estate. Until a decree of distribution, an heir-at-law has no title […]
HOLLIS v. TILTON, 90 N.H. 119 (1939)
5 A.2d 29, 6 A.2d 753 FRANKLIN HOLLIS, Guard’n ad litem v. FRANK P. TILTON, Guard’n No. 3035Supreme Court of New Hampshire Belknap Decided March 7, 1939 Upon the filing of a guardian’s account, to give a decree thereon effect as a valid judgment, a guardian ad litem for the ward must be appointed under […]
HOWES v. FISK, 67 N.H. 289 (1892)
30 A. 351 HOWES v. FISK a. Supreme Court of New Hampshire Coos. Decided June, 1892. A person not in fact a partner with another, is not estopped to deny it, in a suit by a third person against both for the breach of a written contract between the plaintiff and the other defendant, if […]
STATE v. DOYLE, 156 N.H. 306 (2007)
THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER DOYLE. No. 2006-231.Supreme Court of New Hampshire. Rockingham.Argued: September 13, 2007. Opinion Issued: October 17, 2007. 1. Elections — Violation of Election Laws — Particular Cases A person’s candidacy for trustee of the cemetery automatically disqualified her from registering voters at the annual town election. RSA 658:24. 2. […]
DENNETT v. OSGOOD, 108 N.H. 156 (1967)
229 A.2d 689 KENNETH FRANK DENNETT, Ex’r v. WALTER S. OSGOOD a. No. 5558.Supreme Court of New Hampshire Sullivan.Argued April 4, 1967. Decided May 23, 1967. 1. In the interpretation of a will the intent of the testator is to be ascertained from the language of the will as a whole in the light of […]
IN RE AMDTS TO SUPREME SUPERIOR CRT RLS (N.H. 10-25-2004)
IN RE AMENDMENTS TO SUPREME AND SUPERIOR COURT RULES Supreme Court of New Hampshire October 25, 2004 ORDER This order adopts a number of minor technical amendments to court rules. Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves amendments to […]
IN RE GUARDIANSHIP OF LANOUE, 147 N.H. 748 (2002)
802 A.2d 1179 IN RE GUARDIANSHIP OF SHIRLEY LANOUE No. 2000-263Supreme Court of New Hampshire Hillsborough County Probate CourtArgued March 7, 2002 Opinion Issued June 7, 2002 1. Guardianship — Powers of Guardians — Control of Ward’sPerson Nothing in statute pertaining to guardianships requires the probate court to make specific findings of harm in determining […]
McELROY v. GAFFNEY, 129 N.H. 382 (1987)
529 A.2d 889 JOHN F. McELROY, INDIVIDUALLY AND ON BEHALF OF ACTION MANUFACTURING COMPANY, INC. v. LAWRENCE A. GAFFNEY a. No. 86-367 No. 86-368Supreme Court of New Hampshire Strafford Decided June 3, 1987 1. Constitutional Law — Right to Jury Trial — State Constitution The New Hampshire Constitution affords the unqualified right to a trial […]
PETITION OF BETTY SPRAGUE, 132 N.H. 250 (1989)
564 A.2d 829 PETITION OF BETTY SPRAGUE PETITION OF DAVID C. WHITENACK, M.D. (New Hampshire Board of Registration in Medicine) No. 88-143Supreme Court of New Hampshire Board of Registration in Medicine Decided October 6, 1989 1. Physicians and Surgeons — Disciplinary Proceedings — Cross-Examination Although the opportunity for cross-examination is guaranteed to a complainant in […]
MOOAR v. MOOAR, 69 N.H. 643 (1899)
46 A. 1052 MOOAR, Adm’x, v. MOOAR. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. An offer to give it note for a certain sum in settlement of an existing debt is not evidence of a new promise to pay more than the amount of the note. The finding of the court at the […]
RICE’S PETITION, 58 N.H. 200 (1877)
RICE’S PETITION. Supreme Court of New Hampshire Rockingham. Decided August, 1877. When one has been prevented from appealing from a decree of the probate court, through mistake, accident, or misfortune, his petition for leave to appeal will be denied, if it appears that the decree of the probate court must be affirmed. PETITION, for leave […]
STATE v. GRAY, 127 N.H. 348 (1985)
499 A.2d 1013 THE STATE OF NEW HAMPSHIRE v. KEVIN P. GRAY No. 84-581Supreme Court of New Hampshire Hillsborough Decided October 24, 1985 1. Criminal Law — State’s Burden of Proof — Theft At trial for theft, where degree of the offense depended on value of the property involved and where indictment’s allegation of value […]
BEROUNSKY v. OGDEN, 91 N.H. 424 (1941)
21 A.2d 838 JERRY BEROUNSKY v. WILLIAM F. OGDEN. No. 3256.Supreme Court of New Hampshire Strafford. Decided June 25, 1941. In case for injuries in a collision between automobiles, the fact that the plaintiff first saw the lights of the defendant’s car at a point 663 feet from the point of collision does not conclusively […]
SILVA v. BOTSCH, 121 N.H. 1041 (1981)
437 A.2d 313 EDWARD J. SILVA v. DONALD H. BOTSCH a. No. 81-100Supreme Court of New Hampshire Hillsborough Decided November 20, 1981 1. Costs — Attorney Fees — Generally The general American rule is that each party in an action must bear his own attorney’s fees; however, exceptions to this rule have been created by […]
KENT v. BROWN, 59 N.H. 236 (1879)
KENT a. v. BROWN. Supreme Court of New Hampshire Coos. Decided June, 1879. Whether a furnace and cistern, with pipes and other attachments, are furnished for erecting, altering, or repairing a house, so that a lien attaches to secure their price, is a mixed question of law and fact, and its decision by a referee […]
HUTCHINS v. BERRY, 74 N.H. 225 (1907)
66 A. 1046 HUTCHINS v. BERRY a. Supreme Court of New Hampshire Carroll. Decided May 7, 1907. Where the extent and capability of a reservoir upon which mills are dependent for power have been determined by judicial decrees in proceedings to define the rights of the various proprietors, a refusal by the superior court to […]
HUNTER v. CARROLL, 67 N.H. 262 (1892)
29 A. 639 HUNTER v. JAMES B. CARROLL, JOANNA CARROLL. HUNTER v. JAMES B. CARROLL. Supreme Court of New Hampshire Cheshire. Decided June, 1892. The fact that the premises and boundaries in a writ of entry are the same as described in a former trespass suit does not show that the matter in issue is […]
SANDERSON v. PEABODY, 58 N.H. 116 (1877)
SANDERSON v. PEABODY. Supreme Court of New Hampshire Rockingham. Decided August, 1877. Every judgment is conclusive proof, as against parties and privies, of facts directly in issue in the case, actually decided by the court, and appearing from the judgment itself to be the ground on which it was based, unless evidence was admitted in […]
RINDEN v. MARX, 116 N.H. 58 (1976)
351 A.2d 559 PAUL A. RINDEN v. ARTHUR G. MARX, PRESIDING JUSTICE, CONCORD DISTRICT COURT, a. No. 7370 No. 7408Supreme Court of New Hampshire Merrimack Original Decided January 31, 1976 1. A judge having no personal prejudice or hostility toward the plaintiff or toward the plaintiff’s attorney who brought a tort action against a corporation […]
GOVE v. GOVE, 64 N.H. 503 (1888)
15 A. 121 GOVE v. GOVE a. Supreme Court of New Hampshire Rockingham. Decided June, 1888. An executor or administrator, by virtue of his appointment and authority as such, obtains the title to promissory notes and other written evidences of debt held by the deceased at the time of his death, and coming to the […]
HEWETT v. ASSOCIATION, 73 N.H. 556 (1906)
64 A. 190 HEWETT v. WOMAN’S HOSPITAL AID ASS’N a. Supreme Court of New Hampshire Merrimack. Decided June 5, 1906. Where a declaration combines separate causes of action against two defendants, an inconsistency between the verdicts rendered by a jury upon a trial of the suit is to be taken advantage of by a motion […]
DECKER v. DECKER, 139 N.H. 588 (1995)
660 A.2d 1112 DAVID DECKER v. MARSHALL N. DECKER a. No. 93-711Supreme Court of New Hampshire Belknap Decided June 9, 1995 1. Corporations — Creditors’ Rights and Remedies — Generally Investor’s ten percent equity interest in development could not be extinguished, absent agreement to such effect, by corporation’s payment of investor’s note, where corporation needed […]
OPINION OF THE JUSTICES, 101 N.H. 515 (1957)
131 A.2d 49 OPINION OF THE JUSTICES. No. 4578.Supreme Court of New Hampshire Request of Senate.Submitted March 25, 1957. Decided April 10, 1957. 1. Legislation which would invalidate real estate mortgages which have been recorded for a period of forty years unless the mortgagees or their assignees rerecord them within the forty-year period affects the […]