Category: New Hampshire Court Opinions

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 […]

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 […]

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 […]

236 A.2d 699 ELLIOT R. BROWN v. ALLEN M. TEEL a. No. 5620.Supreme Court of New Hampshire Rockingham.Argued September 6, 1967. Decided December 29, 1967. 1. The findings of a master on conflicting evidence but supported by the record are binding on appeal. 2. The statutory provision (RSA 578:3) that no person shall do any […]

100 A.2d 897 STATE v. CYRUS URBAN. No. 4235.Supreme Court of New Hampshire Nashua Municipal Court.Argued November 3, 1953. Decided November 30, 1953. A police officer in prosecuting a misdemeanor in a municipal court is acting solely in behalf of the State and not “as attorney for any party in a suit” contrary to the […]

5 A.2d 721 APOSTOLOS BOUCOUVALAS v. JOHN HANCOCK MUTUAL LIFE INSURANCE. Co. No. 3010.Supreme Court of New Hampshire Hillsborough. Decided April 4, 1939. At common law the knowledge of the agent is not imputable to the principal when the former is committing a fraudulent act on his own account, outside the scope of his employment, […]

161 A.2d 179 GRACE EDITH SCOTT v. GEORGE H. GRINNELL, Ex’r. No. 4817.Supreme Court of New Hampshire Merrimack.Argued April 5, 1960. Decided May 31, 1960. 1. Where the plaintiff alleged in an action of assumpsit that the decedent agreed to provide funds for her lifetime support if she would resign her position and care for […]

679 A.2d 583 THE STATE OF NEW HAMPSHIRE v. RONALD S. ANDERSON No. 95-051Supreme Court of New Hampshire Grafton Decided July 2, 1996 Evidence — Generally — Harmless Error Where defendant was pulled over for driving erratically and admitted to having been drinking and where officers testified at trial that defendant had slurred speech, lack […]

453 A.2d 1310 THE STATE OF NEW HAMPSHIRE v. RUSSELL E. HEBERT No. 82-099Supreme Court of New Hampshire Hillsborough Decided December 28, 1982 1. Appeal and Error — Standard of Review — Particular Cases The standard of review of trial court’s order issued pursuant to the statute governing seizure, custody and disposition of articles was […]

207 A.2d 574 OPINION OF THE JUSTICES. No. 5345.Supreme Court of New Hampshire Request of House of Representatives.Submitted March 2, 1965. Answer returned March 10, 1965. 1. Under proposed legislation authorizing the State or any political subdivision to accept a gift of an industrial facility and to lease the same to any public or private […]

294 A.2d 382 STATE v. VINCENT P. CANNEY. STATE v. VIRGIL E. HOWARD. No. 6233.Supreme Court of New Hampshire Coos. Decided August 15, 1972. 1. Circumstantial evidence may be sufficient to warrant a jury finding of guilt beyond a reasonable doubt. 2. No greater degree of certainty than proof beyond a reasonable doubt is required […]

16 A.2d 703 RUTH C. WHITHAM, Adm’x v. MORRIS A. GELLIS. No. 3202.Supreme Court of New Hampshire Sullivan. Decided December 3, 1940. An accident happening to an employee while engaged in the employment, though occurring during a brief interval when the employee’s conduct was of a personal nature reasonably undertaken and not expressly forbidden, is […]

401 A.2d 1086 JANET BAGONZI v. GARY MILLER, DIRECTOR DIVISION OF MENTAL HEALTH No. 79-098Supreme Court of New Hampshire Original Decided May 17, 1979 Guardian and Ward — Temporary Guardianship — Continuation Order of probate court continuing temporary guardianship beyond its expiration date was not authorized by statute which provided that a temporary guardian may […]

106 A.2d 563 DONALD LEVESQUE, by his mother and next friend a. v. LAURENT LEVESQUE. No. 4309.Supreme Court of New Hampshire Hillsborough.Argued April 7, 1954. Decided July 1, 1954. The maintenance of an action by an unemancipated minor child against its parent for bodily injury caused by the negligent operation of a motor vehicle is […]

517 A.2d 843 APPEAL OF LOUDON ROAD REALTY TRUST (New Hampshire Board of Tax and Land Appeals) No. 85-194Supreme Court of New Hampshire Board of Tax and Land Appeals Decided October 3, 1986 1. Taxation — Appeals — Findings Board of tax and land appeals order in tax abatement case was vacated and remanded, where […]

211 A.2d 852 ELLSWORTH L. PHILBRICK v. JOHN C. WHITE a. JOHN C. WHITE a. v. ELLSWORTH L. PHILBRICK a. No. 5318.Supreme Court of New Hampshire Merrimack.Argued April 6, 1965. Decided June 30, 1965. 1. A municipal housing code which failed to provide for the mandatory hearing before the housing board required by the statutory […]

834 A.2d 367 ESTATE OF MARGARET P. LUNT v. GREGORY A. GAYLOR a. No. 2002-782.Supreme Court of New Hampshire CarrollSubmitted: July 22, 2003. Opinion Issued: October 1, 2003. 1. Process — Jurisdiction Over Parties — Nonresidents Because out-of-state defendants were never properly served, the trial court never obtained personal jurisdiction over them and, accordingly, in […]

644 A.2d 68 THE STATE OF NEW HAMPSHIRE v. ARTHUR “JAY” MacARTHUR No. 93-167Supreme Court of New Hampshire Sullivan Decided June 27, 1994 1. Appeal and Error — Evidence — Erroneous Admission Where trial court in criminal matter has erroneously admitted evidence, court on appeal must reverse unless State can show beyond a reasonable doubt […]

506 A.2d 327 KATHLEEN FEUERSTEIN v. ANTHONY C. GILMORE a., d/b/a REPROGRAPHICS No. 85-017Supreme Court of New Hampshire Merrimack Decided February 27, 1986 1. Statutes — Construction and Application — Legislative Intent When there is a question of statutory interpretation, legislative intent must be determined. 2. Statutes — Construction and Application — Legislative Intent The […]

480 A.2d 55 ROBERT G. JOHNSTON v. FLATLEY REALTY INVESTORS No. 83-183Supreme Court of New Hampshire Hillsborough Decided July 2, 1984 1. Trial — Instructions — Failure To Object In a malicious prosecution action, where the defendant failed to object to the trial court’s instructions to the jury on malice, the instructions were deemed correct. […]

146 A.2d 276 DORIS E. CARR v. MERRIMACK FARMERS EXCHANGE, INC. No. 4675.Supreme Court of New Hampshire Belknap.Argued October 7, 1958. Decided November 28, 1958. 1. The declaration of the plaintiff, who sustained injury when the motor vehicle in which she was traveling was struck by bales of hay which fell from an oppositely approaching […]

13 A.3d 244 THE STATE OF NEW HAMPSHIRE v. ROBIN KNIGHT. No. 2009-449.Supreme Court of New Hampshire. RockinghamArgued: October 14, 2010. Opinion Issued: January 13, 2011. 1. Search and Seizure — Practice and Procedure — Motion to Suppress, Generally While the trial court may act upon an untimely motion to suppress as a matter of […]

32 A.2d 688 EGBERT J. MANOR, Adm’r v. UBALD E. GAGNON. No. 3395.Supreme Court of New Hampshire Rockingham. Decided June 1, 1943. In an action against the operator of an automobile for violation of Laws 1935, c. 107 by not stopping or slowing down to permit bus passengers to alight and thus causing the death […]

263 A.2d 678 PETER JEWETT v. WILLIAM SIEGMUND No. 6052Supreme Court of New Hampshire Grafton Decided March 31, 1970 1. A preliminary hearing is not a judicial trial of the guilt or innocence of the accused but is a judicial inquiry to determine whether probable cause exists for the accused to be bound over to […]

415 A.2d 881 CARL E. WONSER v. SUELLA M. WONSER No. 79-456Supreme Court of New Hampshire Hillsborough Decided June 12, 1980 1. Parent and Child — Custody and Control of Children — Joint Custody There may be times when joint custody would be desirable but there will be other times when, despite fitness of each […]

572 A.2d 1157 RICHARD KILUK v. WILLIAM POTTER, ADMINISTRATOR No. 89-397Supreme Court of New Hampshire Merrimack Decided April 13, 1990 1. Courts — Jurisdiction — Criminal Offense Under New Hampshire Constitution, district courts may only sentence a convicted criminal defendant to a year or less on individual complaints to a county correctional facility. N.H. CONST. […]

522 A.2d 987 WALTER H. PSKOWSKI v. AETNA CASUALTY SURETY CO., INC. No. 85-282Supreme Court of New Hampshire Hillsborough Decided December 8, 1986 Appeal and Error — Remand — Particular Cases On appeal of determination by superior court that plaintiff was entitled to workers’ compensation benefits, where the meaning of the trial court’s order was […]

30 A.2d 488 FRANK RIDEOUT, Adm’r v. BOSTON MAINE RAILROAD. No. 3343.Supreme Court of New Hampshire Coos. Decided February 2, 1943. A train approaching a private grade crossing has the right of way over motor cars approaching the crossing, and the engineer has the right to assume that such cars will stop before reaching it, […]

225 A.2d 922 PETER A. GRAYSON a. v. VICTOR P. LaBRANCHE. No. 5529.Supreme Court of New Hampshire Rockingham.Argued January 4, 1967. Decided January 27, 1967. 1. Absolute and exact certainty in contracts for the sale of realty is not required but reasonable certainty is a requisite. 2. In an action for an alleged breach of […]

20 A.3d 291 THE STATE OF NEW HAMPSHIRE v. ANDREW FARRINGTON. No. 2009-617.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: January 6, 2011. Opinion Issued: February 23, 2011. 1. Offenses — Sexual Offenses — Statutes The plain and ordinary meaning of “solicit” in the statute prohibiting certain uses of computer services includes: to make petition […]

372 A.2d 267 CHRISTIAN SCIENCE PLEASANT VIEW HOME v. CITY OF CONCORD No. 7552Supreme Court of New Hampshire Merrimack Decided March 31, 1977 Taxation — Exemptions — Charitable or Public Uses Where special act provided that “all real and personal estate now held or hereafter acquired by the said The Christian Science Pleasant View Home, […]

180 A.2d 442 HERBERT WESCOTT v. VERMONT ACCIDENT INSURANCE CO. No. 4984.Supreme Court of New Hampshire Cheshire.Argued January 3, 1962. Decided May 1, 1962. 1. Where a group student accident policy provided that proof of loss must be furnished the insurer not later than ninety days after the date of such loss, proof of loss […]

415 A.2d 665 STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE v. BOARD OF TRUSTEES OF THE UNIVERSITY OF NEW HAMPSHIRE No. 79-185Supreme Court of New Hampshire Merrimack Decided April 23, 1980 1. Statutes — Construction and Application — Plain Meaning In any case involving interpretation of a statute, the starting point must be the language of […]

623 A.2d 1338 THE STATE OF NEW HAMPSHIRE v. DAVID DECOTEAU No. 90-605Supreme Court of New Hampshire Hillsborough Decided April 23, 1993 1. Search and Seizure — Warrant Requirement; Execution — Generally Search made under authority of a search warrant may extend to the entire area covered by the warrant’s description. N.H. CONST. pt. 1, […]

427 A.2d 511 PAUL D. SLATER, TRUSTEE OF THE STINSON TRUST v. PLANNING BOARD OF THE TOWN OF RUMNEY No. 80-203Supreme Court of New Hampshire Grafton Decided March 16, 1981 1. Zoning — Appeal From Planning Board — Standard of Superior Court Review On review of decision of planning board pursuant to petition to superior […]

37 A.2d 13 MAURICE G. JEWETT, Adm’r v. LIZZIE E. HOLT. HELENE E. KENDALL v. SAME. MAURICE G. JEWETT, Adm’r v. G. ARTHUR FANEUF. HELENE E. KENDALL v. SAME. No. 3467.Supreme Court of New Hampshire Hillsborough. Decided April 4, 1944. The question of causal negligence of a defendant was for the jury where he continued […]

306 A.2d 202 STATE OF NEW HAMPSHIRE v. RICHARD A. FERBERT No. 6387Supreme Court of New Hampshire Hillsborough Decided May 31, 1973 1. Record of sentencing process warranted a holding that, prior to sentence, court properly exercised its discretion by considering a probation report’s contents and defendant’s oral presentation to the court on the question […]

72 A.2d 455 JOHN F. THISTLE v. FRANCES ADAMS HALSTEAD. No. 3870.Supreme Court of New Hampshire Carroll. April 4, 1950. Where the findings made by the Trial Court were justified by the evidence it was under no duty to rule that certain other findings different from those made were or were not warranted. Whether evidence, […]

694 A.2d 970 THE STATE OF NEW HAMPSHIRE v. WILLIAM S. WEBBER No. 95-857Supreme Court of New Hampshire Sullivan Decided May 6, 1997 1. Search and Seizure — Generally — Reasonableness A warrantless search is per se unreasonable unless the State satisfies its burden of proving that the search is within the narrow confines of […]

453 A.2d 1254 GASTON RODRIGUE a. v. GASTON LAFLAMME a. No. 82-053Supreme Court of New Hampshire Coos Decided November 16, 1982 1. Appeal and Error — Preservation of Questions — Failure To Present Below Generally, the failure of a party to take an exception to the trial court’s ruling will preclude review of the issue […]

593 A.2d 248 THE STATE OF NEW HAMPSHIRE v. LEE R. CORSON No. 90-621Supreme Court of New Hampshire Merrimack Decided July 8, 1991 1. Appeal and Error — Right To Appeal — Fines and Penalties Penalty assessment under statute providing that such assessment be levied on each fine or penalty imposed by court for criminal […]

314 A.2d 642 ANTHONY F. PIECUCH a. v. CITY OF MANCHESTER a. No. 6434Supreme Court of New Hampshire Hillsborough Decided January 31, 1974 1. The trial court was warranted on the evidence in the record to find as a matter of law that the harm to residents from the operation of a car wash in […]

218 A.2d 49 IN RE GEORGE H. BUSHWAY ESTATE. No. 5438.Supreme Court of New Hampshire Rockingham.Argued February 1, 1966. Decided March 30, 1966. 1. By virtue of statute (31 U.S.C.A., s. 191) obligations to the United States for federal tax deficiencies have priority over other claims against an insolvent estate except as to specific property […]

67 A.2d 430 SEAVEY HARDWARE COMPANY, INC. v. WILLIAM H. RILEY, Commissioner of Labor. No. 3766.Supreme Court of New Hampshire Strafford. Decided June 28, 1949. The statute (Laws 1945, c. 138, s. 17) providing for successorship among employers in determining the merit rating to be assessed under the Unemployment Compensation Act does not entitle a […]

713 A.2d 982 BRYAN K. GALLOWAY v. CHICAGO-SOFT, LTD. No. 96-101Supreme Court of New Hampshire Sullivan Decided May 11, 1998 1. Contracts — Construction — Judicial Review Although, as a general rule, the proper interpretation of a contract is ultimately a question of law for the supreme court, which will determine the meaning based on […]

585 A.2d 853 THE STATE OF NEW HAMPSHIRE v. RICKY C. ADAMS, SR. No. 89-346Supreme Court of New Hampshire Merrimack Decided January 28, 1991 1. Constitutional Law — Speedy Trial — Indictment Under the rule set forth in State v. Hastings, 120 N.H. 454 (1980), the State must obtain an indictment within sixty days of […]

209 A.2d 712 WILLIAM MAYNARD, Attorney General v. HUGO DeGREGORY. No. 5298.Supreme Court of New Hampshire Merrimack.Argued January 5, 1965. Decided April 30, 1965. 1. Where the Legislature has recognized the tenets of the Communist Party and by numerous enactments has manifested a continuing concern to be kept informed by the Attorney General, as its […]

107 A.2d 378 KATHLEEN McMAHON v. WILFRED POISSON a. No. 4304.Supreme Court of New Hampshire Hillsborough.Argued June 1, 1954. Decided July 30, 1954. The statute of frauds is no bar to an action to recover damages for failure of the defendants to make certain repairs and improvements to a dwelling after they had conveyed the […]

404 A.2d 1094 BRENT L. REID v. SPADONE MACHINE COMPANY No. 78-218Supreme Court of New Hampshire Strafford Decided June 20, 1979 1. Appeal and Error — Scope of Review — Evidence Supreme Court will not upset denials of motions for nonsuit, dismissal, directed verdict, or judgment notwithstanding the verdict where there is sufficient evidence in […]

463 A.2d 891 OPINION OF THE JUSTICES No. 83-277Supreme Court of New Hampshire Request of the Senate Decided July 14, 1983 1. Courts — Supreme Court — Advisory Opinions The authority vested in the justices of the supreme court to issue advisory opinions to either branch of the legislature extends only to proposed legislation. N.H. […]

76 A.2d 247 DAVID S. MACLAY a. v. ENOCH D. FULLER, Secretary of State. No. 3996.Supreme Court of New Hampshire Original. Decided October 30, 1950. Where the plaintiff had no clear right to have his name printed upon the official ballots, as Democratic nominee for Representative to the General Court, for use at a biennial […]

133 A.2d 787 LOUIS C. WYMAN, Attorney General v. HUGO DeGREGORY. No. 4563.Supreme Court of New Hampshire Merrimack.Argued February 5, 1957. Reargument ordered June 28, 1957. PETITION, under RSA 491:19, 20, to have the defendant adjudged in contempt for declining to answer certain questions in connection with the Attorney General’s investigation of subversive activities pursuant […]

544 A.2d 823 THE STATE OF NEW HAMPSHIRE v. JOHN SURETTE No. 87-155Supreme Court of New Hampshire Hillsborough Decided June 8, 1988 Verdict — Form — Questions At burglary trial, court abused its discretion and committed reversible error in submitting to jury special questions form, without providing an Page 532 instruction on jury nullification, where […]

465 A.2d 516 THE STATE OF NEW HAMPSHIRE v. GASTON R. LESSARD No. 82-061Supreme Court of New Hampshire Hillsborough Decided August 31, 1983 1. Verdict — Motion To Set Aside — Denial In the case of defendant indicted for attempted first degree murder and for the felonious use of a firearm, the trial court correctly […]

469 A.2d 1316 THE STATE OF NEW HAMPSHIRE v. THOMAS E. MELOON No. 82-453Supreme Court of New Hampshire Merrimack Decided December 12, 1983 1. Appeal and Error — Evidence — Sufficiency of Evidence In evaluating whether any rational trier of fact could have found the defendant guilty beyond a reasonable doubt, the supreme court must […]

566 A.2d 176 RICHARD CURTIS AND CHERYLE GUERIN, PARENTS AND NEXT FRIENDS OF JENNIFER CURTIS PARENTS AND NEXT FRIENDS OF JENNIFER CURTIS v. GUARANTY TRUST LIFE INSURANCE COMPANY No. 88-238Supreme Court of New Hampshire Merrimack Decided November 13, 1989 1. Courts — Supreme Court — Jurisdiction Supreme court has no jurisdiction over questions of fact […]

821 A.2d 979 THE STATE OF NEW HAMPSHIRE v. Jerry Lee Ramos No. 2002-030Supreme Court of New Hampshire GraftonArgued January 8, 2003 Opinion Issued March 17, 2003 1. Criminal Offenses — Rape — Defenses To use consent as a theory of defense to the charge of aggravated felonious sexual assault through concealment or the element […]