Category: New Hampshire Court Opinions

834 A.2d 297 WILLIAM BERLINER v. CRAIG CLUKAY d/b/a TREELINE TIMBER. No. 2002-481.Supreme Court of New Hampshire GraftonArgued: May 7, 2003. Opinion Issued: September 30, 2003. 1. Appeal and Error — Preservation of Questions — Failure to Make Specific Objections A chambers discussion directed at persuading the court to craft or utilize a proposed instruction, […]

288 A.2d 697 OPINION OF THE JUSTICES. No. 6388.Supreme Court of New Hampshire Request of House of Representatives. Decided March 3, 1972. 1. Findings that industrial assistance programs akin to the State’s would serve a public purpose and not be primarily for the benefit of private persons or uses and would be within the policy […]

412 A.2d 1017 THE STATE OF NEW HAMPSHIRE v. BILLY C. GORHAM No. 79-213Supreme Court of New Hampshire Hillsborough Decided March 5, 1980 1. Homicide — Defenses Self-Defense When a person unreasonably, though honestly, believes himself in mortal danger, he loses the defense of self-defense. 2. Jury — Duties — Instructions Self-defense instruction to jury […]

679 A.2d 567 ROBERT J. THOMAS v. GEORGE R. FINGER a. No. 95-155Supreme Court of New Hampshire Rockingham Decided June 11, 1996 1. Attachment and Garnishment — Attachment Proceedings — Property Subject to Attachment In case involving petition for ex parte attachments to properties to protect plaintiff’s statutory lien for labor and materials, although plaintiff […]

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 […]

41 A.2d 226 C. A. LUND COMPANY v. RICHARD S. ROLFE. No. 3504.Supreme Court of New Hampshire Belknap. Decided February 6, 1945. The merit experience rating earned by a corporation under the provisions of the Unemployment Compensation Act (R.L., c. 218) does not inure to the benefit of a successor partnership, since the statute contains […]

719 A.2d 580 THE STATE OF NEW HAMPSHIRE v. FREDERICK L. TINKHAM, JR. No. 97-017Supreme Court of New Hampshire Carroll Decided October 5, 1998 1. Evidence — Particular Matters — Exclusionary Rule “Fruit of the poisonous tree” doctrine requires exclusion from trial of evidence derivatively obtained through violation of Part I, Article 19 of New […]

352 A.2d 723 JAMES HAROLD BELLOTTE a. v. ZAYRE CORPORATION No. 7356Supreme Court of New Hampshire United States Court of Appeals for the First Circuit Decided January 31, 1976 1. Sellers of products are not insurers and are not subject to absolute liability unless their products are unreasonably dangerous to the user or consumer. Page […]

181 A.2d 645 STATE v. JANE DOE. No. 5042.Supreme Court of New Hampshire Merrimack.Argued May 1, 1962. Decided June 5, 1962. 1. A complaint under RSA 570:25 (supp) alleging facts which may constitute both the crime of being a disorderly person and with behavior which was wanton and lascivious was held insufficient because of the […]

917 A.2d 209 DAIMLERCHRYSLER CORPORATION v. DARREN VICTORIA. No. 2005-357.Supreme Court of New Hampshire Rockingham.Argued: February 22, 2006. Opinion Issued: June 14, 2006. 1. Sales — Remedies for Buyer — Recovery ofPrice Paid The provision describing the intent of the law governing new motor vehicle arbitration suggests that the “Lemon Law” is remedial in nature, […]

622 A.2d 1197 THE STATE OF NEW HAMPSHIRE v. PAMELA SMART No. 91-239Supreme Court of New Hampshire Rockingham Decided February 26, 1993 1. Criminal Law — Right to Impartial Jury — Review Defendant’s argument on appeal under State and Federal Constitutions as to prejudice from pretrial publicity was addressed by reference to federal decisions, since […]

226 A.2d 873 STATE v. THOMAS W. DAVIS. No. 5449.Supreme Court of New Hampshire Keene District Court.Argued November 1, 1966. Reargued February 7, 1967. Decided March 7, 1967. 1. A lawful arrest may be made for a misdemeanor without a warrant only if there is reason to believe that the offense was committed in the […]

580 A.2d 1082 LEMM DEVELOPMENT CORPORATION v. TOWN OF BARTLETT No. 89-175Supreme Court of New Hampshire Carroll Decided October 17, 1990 1. Zoning — Subdivision Ordinances — Construction and Application Interpretation of subdivision regulations is a question of law; it is to be decided by appellate court, which is not bound by the interpretation of […]

512 A.2d 1083 THE STATE OF NEW HAMPSHIRE v. JOHN A. SETTLE, JR. No. 84-316Supreme Court of New Hampshire Concord District Court Decided April 9, 1986 1. Continuance — Discretion of Court Trial court has broad discretion in ruling on motions to continue, and its ruling will not be reversed absent an abuse of discretion. […]

197 A.2d 212 RAYMOND GEORGE, Adm’r v. COMMERCIAL CREDIT CORPORATION a. No. 5205.Supreme Court of New Hampshire Original.Argued January 7, 1964. Decided January 31, 1964. 1. While the Supreme Court has concurrent original authority to grant a writ of certiorari to effectuate a transfer from the Superior Court and consideration of a question of law […]

177 A.2d 391 GEORGE E. QUINN v. GUY A. TUTTLE, Adm’r. No. 4941.Supreme Court of New Hampshire Strafford.Argued October 3, 1961. Decided January 29, 1962. 1. A decedent’s bequest to his widow of the residue of his estate for the duration of her lifetime with the power to consume such portion of the principal and […]

309 A.2d 31 In re CITY SAVINGS BANK OF BERLIN AND BERLIN CITY NATIONAL BANK No. 6605Supreme Court of New Hampshire Coos Decided July 24, 1973 1. New Hampshire does not have a statute requiring that depositors in a mutual savings bank be given a cash option in the event of a merger. 2. A […]

864 A.2d 325 APPEAL OF FRANKLIN LODGE OF ELKS # 1280 BPOE (New Hampshire Sweepstakes Commission). No. 2004-094.Supreme Court of New Hampshire Sweepstakes Commission.Argued: October 13, 2004. Opinion Issued: December 28, 2004. 1. Gambling — Generally — Regulation and Control Where, in amending statutes governing the licensing and operation of legal gambling operations in New […]

68 A.2d 114 NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY v. THE STATE OF NEW HAMPSHIRE a. No. 3874.Supreme Court of New Hampshire Public Service Commission. Decided August 16, 1949. A motion addressed to the Supreme Court alleging that current utility rates are confiscatory and seeking injunctive relief against interference with the promulgation of new rates […]

677 A.2d 147 ANDREW CONFORTI a. v. CITY OF MANCHESTER No. 94-709Supreme Court of New Hampshire Hillsborough-northern judicial district Decided May 29, 1996 1. Zoning and Planning — Ordinances — Generally Movie theaters and live entertainment are not permitted uses in a B-1 zone in the City of Manchester. 2. Zoning and Planning — Ordinances […]

347 A.2d 446 UNIVERSITY OF NEW HAMPSHIRE v. WAYNE APRIL AND UNH GAY STUDENTS ORGANIZATION No. 6992Supreme Court of New Hampshire Strafford Decided October 31, 1975 1. Where federal district court and State superior court had in personam jurisdiction over the parties and were free to try actions commenced in each independently of the other, […]

123 A.2d 745 STATE v. HENRY C. DUKE. No. 4505.Supreme Court of New Hampshire Hillsborough.Argued June 7, 1956. Decided July 6, 1956. Where a respondent voluntarily testifies in criminal proceedings the latitude allowed in cross-examination as to his past offenses, for the sole purpose of discrediting him, is within the sound discretion of the Trial […]

69 A.2d 851 STATE v. FLORENCE LEAH W. GRIERSON. No. 3846.Supreme Court of New Hampshire Strafford. Decided December 6, 1949. The testimony of a witness, deceased at the time of trial in the Superior Court, which had been given against the respondent at a preliminary hearing in the Municipal Court is admissible where the respondent’s […]

210 A.2d 468 ESSFA E. WALKER v. HOWARD C. WALKER. No. 5247.Supreme Court of New Hampshire Carroll.Argued January 5, 1965. Decided May 24, 1965. 1. The test usually applied to determine the admissibility of opinion evidence is whether the witness’ knowledge of the matter in question will probably aid the triers of fact in search […]

86 A.2d 327 ANNIE ALUKONIS v. ARTHUR J. KASHULINES a. No. 4089.Supreme Court of New Hampshire Hillsborough. Decided February 5, 1952. Certain evidence justified the finding that the plaintiff’s predecessors in title intended, in the transfer of certain property, to include an adjoining strip of land and such intent coupled with actual possession in excess […]

314 A.2d 648 STATE OF NEW HAMPSHIRE v. CHARLES NICKERSON No. 6673Supreme Court of New Hampshire Merrimack Decided January 31, 1974 1. Judge was held enabled to determine the existence of probable cause to issue a search warrant from police officers’ affidavits relying on informants’ hearsay information and revealing some of the underlying circumstances from […]

427 A.2d 12 THE STATE OF NEW HAMPSHIRE v. PETER A. MAXFIELD No. 80-102Supreme Court of New Hampshire Merrimack Decided March 6, 1981 1. Searches and Seizures — Warrantless Searches — Reasonableness Where police had lawfully arrested defendant on the underlying charge of driving while intoxicated, and subsequent to his submitting to breathalyzer test at […]

189 A.2d 488 L. ALINE HEATH, Ex’x v. REGINALD A. CLEVELAND, Adm’r. No. 5094.Supreme Court of New Hampshire Hillsborough.Argued February 5, 1963. Decided March 29, 1963. 1. An action of tort for physical injuries to the person against the estate of a deceased person may not be sustained against objection by the administrator if begun […]

776 A.2d 1282 NICHOLAS BONARDI v. DONNA KAZMIRCHUK No. 99-678Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 18, 2001 1. Easements — Creation — Prescriptive Easements To establish a prescriptive easement, defendant must prove by the balance of the probabilities that she used plaintiffs driveway for 20 years and that her use was […]

113 A.2d 544 HARRY A. PAGE, Trustee v. ERNEST R. D’AMOURS, Director, Register of Charitable Trusts. No. 4382.Supreme Court of New Hampshire Cheshire.Submitted March 2, 1955. Decided April 27, 1955. Laws 1947, c. 283, permitting the probate court to apportion trustee’s compensation and expenses between principal and income unless otherwise provided in the trust instrument […]

43 A.2d 153 ELIZABETH E. HARTNETT v. CORNELIUS J. HARTNETT. No. 3515.Supreme Court of New Hampshire Hillsborough. Decided June 28, 1945. The jurisdiction of the Superior Court over divorces and legal separations is entirely statutory. In a petition for legal separation, since R. L., c. 339 contains no provision for temporary allowances to be paid […]

20 A.3d 338 THE STATE OF NEW HAMPSHIRE v. THOMAS WINWARD. No. 2009-882.Supreme Court of New Hampshire. Rockingham.Argued: January 20, 2011. Opinion Issued: February 25, 2011. 1. Indictment and Information — Amendment — Generally The requirement that a defendant be tried only for crimes for which he or she has been indicted is not violated […]

199 A.2d 100 PAUL C. HOLTE a. v. GERARD RONDEAU a. No. 5198.Supreme Court of New Hampshire Merrimack.Argued February 4, 1964. Decided March 31, 1964. 1. A petition under the provisions of RSA 110-A:77 I (supp) prior to amendment (Laws 1961, 64:1) by a person injured in his person or property by any member of […]

77 A.2d 109 ELLA C. WALLACE v. LENA M. STEARNS a. No. 3971.Supreme Court of New Hampshire Hillsborough. Decided December 5, 1950. The dismissal of a petition for partition because no remedy was available to petitioner who held with others estates of different classes is no bar to a new petition, based upon the same […]

582 A.2d 288 CITY OF MANCHESTER v. ROBERT DOUCET No. 89-324Supreme Court of New Hampshire Hillsborough Decided November 9, 1990 1. Workers’ Compensation — Attorney Fees — Reasonable Fees Trial court’s determination of a reasonable attorney’s fee will not be disturbed unless it is lacking in evidentiary support or is tainted by error of law. […]

427 A.2d 522 RICHARD MARTEL v. M. M. MADES CO., INC. a. No. 80-380Supreme Court of New Hampshire Original Decided March 16, 1981 1. Statutes — Construction and Application — Plain Meaning A statute that is clear and unambiguous is not subject to interpretation by supreme court. 2. Workmen’s Compensation — Computation of Awards — […]

57 A.2d 148 HANAFIN a. v. McCARTHY a. No. 3687.Supreme Court of New Hampshire Rockingham. Decided February 3, 1948. A nonresident alien may have an estate by inheritance and may take his respective interest in New Hampshire real property of a resident decedent only by virtue of a treaty provision between the United States and […]

427 A.2d 10 RICHARD P. MOORE a. v. THE CITY OF ROCHESTER a. No. 80-085.Supreme Court of New Hampshire Strafford Decided March 6, 1981 1. Zoning — Variances — Purpose Purpose of a variance is to prevent a zoning ordinance from becoming oppressive or confiscatory. 2. Zoning — Variances — Use of Land for Particular […]

65 A.2d 45 OPINION OF THE JUSTICES. No. 3838.Supreme Court of New Hampshire Decided March 23, 1949. Graduated mileage rates prescribed by the General Court which are sufficiently related to the cost of travel or the amount which would be expended by any individual member in attendance in making a round trip from his residence […]

276 A.2d 924 DORIS I. STONE v. ROY E. STONE No. 6180.Supreme Court of New Hampshire Strafford, Decided April 30, 1971. 1. The basis for a finding of contempt being a party’s wilful disobedience of an existing court order, a legally separated husband was properly found not to be in contempt for his failure to […]

17 A.2d 87 EDNA B. SMITH v. EDGAR TURNER. SAME v. GENEVIEVE TURNER. WILLIAM F. SMITH (GENERAL EXCHANGE INSURANCE CORPORATION, plaintiff in interest) v. EDGAR TURNER. SAME v. GENEVIEVE TURNER. No. 3206.Supreme Court of New Hampshire Rockingham. Decided December 3, 1940. Statutes of limitation generally relate only to the remedy without affecting the right; and […]

99 A.2d 913 MOORE’S CASE. No. 4266.Supreme Court of New Hampshire Original.Heard and argued October 21, 22, 1953. Decided October 30, 1953. The conduct of an attorney consisting of a persistent disregard of agreements of counsel and orders of the court, followed by unwarranted charges against officers of the court was such as to require […]

489 A.2d 592 THERESA S. v. SUPERINTENDENT OF THE YOUTH DEVELOPMENT CENTER No. 84-582Supreme Court of New Hampshire Hillsborough Decided February 8, 1985 1. Infants — Children in Need of Services — Placement of Children Statute authorizing punishment for contempt of court, of child in need of services who refuses to participate in dispositional plan […]

272 A.2d 598 PETITION OF DONALD W. LaFOREST No. 6112Supreme Court of New Hampshire Original Decided December 30, 1970 1. Denial of credit against a maximum sentence for time while at liberty on parole does not subject a prisoner to cruel and unusual punishment under the eighth amendment of the Federal Constitution. 2. The Parole […]

605 A.2d 208 JOHN MANCHENTON a. v. AUTO LEASING CORP. a. No. 90-220Supreme Court of New Hampshire Rockingham Decided March 9, 1992 1. Judgments — Summary Judgment — Generally Trial court is obligated to grant summary judgment when, after considering all the evidence presented in the light most favorable to the non-moving party, no genuine […]

293 A.2d 594 ROBERT F. CASSUBE a. v. WILLIAM MAYNARD a., AND OLLA, INC. No. 6346.Supreme Court of New Hampshire Cheshire. Decided June 30, 1972. 1. A taxpayer seeking an abatement has a constitutional right to be heard upon the assessment made against him, and he has the statutory right to a court appeal if […]

813 A.2d 472 LOUISE REED v. COUNTY OF HILLSBOROUGH No. 2001-629Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued October 9, 2002 Opinion Issued December 2, 2002 1. Evidence—Expert Testimony—Generally Where scientific issues are beyond the capacity of people of common experience and knowledge to form a valid judgment by themselves, expert evidence is required to […]

855 A.2d 1254 THE STATE OF NEW HAMPSHIRE v. JOHN FLYNN. No. 2003-470.Supreme Court of New Hampshire Rockingham.Argued: July 15, 2004. Opinion Issued: September 1, 2004. 1. Offenses — Sexual Offenses — Evidence; Sufficiency Defendant’s conviction for sexual penetration by cunnilingus was supported by sufficient evidence where, although there was no direct testimony that defendant’s […]

740 A.2d 1047 PREMIER CAPITAL, INC. v. CHARLES A. GALLAGHER PREMIER CAPITAL, INC. v. CHARLES A. GALLAGHER a. Nos. 98-110, 98-111Supreme Court of New Hampshire Rockingham Decided November 2, 1999 1. Limitation of Actions — Accrual of Actions — Tolling of Limitations Period Limitations period for an action to recover on a demand note is […]

379 A.2d 796 OPINION OF THE JUSTICES No. 7932Supreme Court of New Hampshire Request of the Governor and Council Decided October 26, 1977 Executive Branch — Governor — Presentation of House Bill If Governor waives any defect in presentation to him of house bill, and if he files that written statement with secretary of state, […]

795 A.2d 828 DAVID McGRATH v. TOWN OF CANAAN No. 2001-308Supreme Court of New Hampshire GraftonSubmitted: February 22, 2002 Opinion Issued: April 18, 2002 1. Public Utilities — Rates and Charges — Particular Cases Town’s minimum water and sewer rates and an availability charge did not violate regulatory statutes on the basis that they were […]

406 A.2d 295 JOAN BLAIS v. TOWN OF GOFFSTOWN No. 79-046Supreme Court of New Hampshire Hillsborough Decided August 17, 1979 1. Municipal Corporations — Sovereign Immunity — Waiver The legislature, by enacting RSA 412:3 (Supp. 1977) relating to a limited waiver of municipal immunity, did not intend to create substantive causes of action where none […]