FLANDERS v. GEORGE. Supreme Court of New Hampshire Rockingham. Decided August 12, 1875. Will — License to sell land for payment of debts — Notice. Provisions of a will held to impose upon the executor, who was also residuary legatee and accepted the will, the burden of paying the debts of the deceased, without calling […]
Category: New Hampshire Court Opinions
REED v. CTY. OF HILLSBOROUGH, 148 N.H. 590 (2002)
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 […]
MANNING v. RAILWAY, 80 N.H. 404 (1922)
118 A. 386 DANIEL P. MANNING, JR., v. MANCHESTER STREET RAILWAY. Supreme Court of New Hampshire Hillsborough. Decided June 6, 1922. Whether one is making “a viatic use of” a highway is generally a question of fact; but if the use made is in no way incident to a traveler’s use of the highway and […]
STATE v. FLYNN, 151 N.H. 378 (2004)
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 […]
PREMIER CAPITAL v. GALLAGHER, 144 N.H. 284 (1999)
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 […]
OPINION OF THE JUSTICES, 117 N.H. 837 (1977)
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, […]
McGRATH v. TOWN OF CANAAN, 147 N.H. 623 (2002)
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 […]
ANDREWS v. CHENEY, 62 N.H. 404 (1882)
ANDREWS v. CHENEY. Supreme Court of New Hampshire Merrimack. Decided December, 1882. The property in goods selected by the vendor under a contract of sale by sample does not pass to the purchaser unless he authorized the vendor to make the selection. One who has bargained and paid for unascertained goods, to be delivered when […]
STATE v. ADDISON, 160 N.H. 493 (2010)
THE STATE OF NEW HAMPSHIRE v. MICHAEL ADDISON. No. 2009-046.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: June 10, 2010. Opinion Issued: July 20, 2010. 1. Criminal Law — Right to Impartial Jury —Generally It is a fundamental precept of the system of justice that a defendant has the right to be tried by a […]
BEAN v. SAVINGS BANK, 64 N.H. 350 (1887)
10 A. 818 BEAN, Plaintiff in Error, v. CONWAY SAVINGS BANK. Supreme Court of New Hampshire Carroll. Decided June, 1887. A party cannot complain of an error which has done him no harm. A judgment is not reversible for error if immediately after the reversal the same judgment must be again rendered. An irregularity in […]
STATE v. GOODEN, 133 N.H. 674 (1990)
582 A.2d 607 THE STATE OF NEW HAMPSHIRE v. STEPHEN J. GOODEN No. 89-237Supreme Court of New Hampshire Grafton Decided November 9, 1990 1. Witnesses — Cross-Examination — Discretion of Trial Judge Trial court has broad discretion in determining scope of cross-examination, and its ruling will not be overturned absent an abuse of discretion. 2. […]
LOVELL v. RAILROAD, 76 N.H. 377 (1912)
83 A. 97 LOVELL a. v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided April 2, 1912. Where the defendant in an action for negligence claims that the amount of damages which may be awarded is limited by a special contract, and a verdict ordered in accordance with this contention is set aside […]
GOUDREAULT v. KLEEMAN, 158 N.H. 236 (2009)
JOSEPH P. GOUDREAULT, JR. v. THOMAS J. KLEEMAN. No. 2007-807.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: September 16, 2008. Opinion Issued: January 9, 2009. 1. Evidence — Expert Testimony — Competency of Experts In deciding whether to qualify a witness as an expert, the trial judge must conduct an adequate investigation of the expert’s […]
KELLEY v. VOLKSWAGENWERK, 110 N.H. 369 (1970)
268 A.2d 837 FRANCIS P. KELLEY, Adm’r v. VOLKSWAGENWERK AKTIENGESELLSCHAFT a. No. 5899.Supreme Court of New Hampshire Hillsborough. Decided July 20, 1970. 1. An administrator, under RSA 556:12 and RSA 556:15, can maintain an action for a breach of warranty which caused the death of his decedent. 2. At common law, tort actions, whether pending […]
EXETER v. ROBINSON HEIRS, 94 N.H. 463 (1947)
55 A.2d 622 EXETER a. v. WILLIAM ROBINSON HEIRS a. No. 3688.Supreme Court of New Hampshire Rockingham. Decided November 4, 1947. A petition for instructions concerning the specific use of a testamentary trust fund, bequeathed by a non-resident, may be maintained here where both the corporate trustee and the funds are within this state and […]
CLARK v. LAWARE, 122 N.H. 990 (1982)
453 A.2d 1272 PAUL E. CLARK v. ROBERT LAWARE No. 82-018Supreme Court of New Hampshire Newport District Court Decided December 8, 1982 Courts — District Court — Powers Appointment of master and subsequent verdict rendered in accordance with master’s report in district court civil case were vacated and case was remanded for trial, since there […]
ORESTES v. GALANIS, 78 N.H. 514 (1917)
102 A. 759 JAMES ORESTES v. COSTAS GALANIS. Supreme Court of New Hampshire Hillsborough. Decided December 4, 1917. On a bill for specific performance of a written agreement to convey land, relief, if equitable, is granted as of course, though the plaintiff’s loss from the defendant’s refusal to convey would be slight. BILL IN EQUITY, […]
STATE v. HULL, 149 N.H. 706 (2003)
827 A.2d 1001 THE STATE OF NEW HAMPSHIRE v. Gregg Hull No. 2002-297Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued May 8, 2003 Opinion Issued July 21, 2003 1. Criminal Law — Judgment and Sentence — Enhanced Sentencing In tests to determine what constitutes “reasonably equivalent offenses in an out-of-state jurisdiction” for sentencing purposes, one […]
CAMBRIDGE MUT. FIRE INS. CO. v. PEERLESS INS. CO., 152 N.H. 498 (2005)
880 A.2d 415 CAMBRIDGE MUTUAL FIRE INSURANCE COMPANY v. PEERLESS INSURANCE COMPANY. No. 2004-867.Supreme Court of New Hampshire Cheshire.Argued: May 18, 2005. Opinion Issued: July 29, 2005. 1. Insurance — Policies — Cancellation The right to cancel an insurance policy arises either by virtue of statute, from the terms of the contract itself, by express […]
GUARENTE v. GINSBERG, 101 N.H. 218 (1958)
138 A.2d 456 Joseph W. Guarente v. Benedict Ginsberg North Riding, Incorporated, Intervenor. No. 4622.Supreme Court of New Hampshire Cheshire.Argued December 3, 1957. Decided February 4, 1958. 1. A mortgagee under a second mortgage of real estate who received funds from the mortgagor for payment toward the principal of the first and second mortgage notes […]
SUMNER v. SOCIETY, 64 N.H. 321 (1887)
10 A. 616 SUMNER, Adm’r, v. AMERICAN HOME MISSIONARY SOCIETY a. Supreme Court of New Hampshire Rockingham. Decided June, 1887. A devised his real estate to his wife for life, and ordered his executor to sell the same after her death, and from the proceeds pay over to S. the sum of $1,000. The will […]
STATE v. MOSES, 143 N.H. 461 (1999)
726 A.2d 250 THE STATE OF NEW HAMPSHIRE v. ELWIN MOSES No. 97-574Supreme Court of New Hampshire Belknap Decided March 18, 1999 1. Trial — Criminal Cases — Jury Instructions —Particular Cases Although, when viewed in isolation, jury instruction at sexual assault would seem to permit conviction merely if jurors believed victim was a credible […]
DUMAS v. COMPANY, 92 N.H. 140 (1942)
26 A.2d 361 MAURICE H. DUMAS v. HARTFORD ACCIDENT INDEMNITY CO. No. 3323.Supreme Court of New Hampshire Hillsborough. May 5, 1942. An insurer against liability is liable to his assured for negligence in not seasonably settling a claim, and this liability rests upon a breach of the duty of reasonable care: the assured’s remedy is […]
JACQUES v. COMPANY, 78 N.H. 248 (1916)
100 A. 47 GEORGE JACQUES v. MANCHESTER COAL ICE COMPANY a. Supreme Court of New Hampshire Hillsborough. Decided October 3, 1916. Incidental to the court’s power to enforce its decrees, is the power to compel payment of all reasonable counsel fees incurred in procuring enforcement of a decree wrongfully resisted. The court has no general […]
APPEAL OF GELINAS, 142 N.H. 295 (1997)
700 A.2d 870 APPEAL OF GERALD GELINAS (New Hampshire Compensation Appeals Board) No. 95-618Supreme Court of New Hampshire Compensation Appeals Board Decided September 23, 1997 1. Workers’ Compensation — Injuries or Illnesses Compensable — Causation A disability which is causally related to cumulative work-related stress may constitute a compensable injury under the workers’ compensation law. […]
UPSON v. BOARD OF TRUSTEES, 124 N.H. 787 (1984)
474 A.2d 582 WILLIAM H. UPSON v. THE BOARD OF TRUSTEES OF THE NEW HAMPSHIRE RETIREMENT SYSTEM No. 83-264Supreme Court of New Hampshire Merrimack Decided April 16, 1984 1. Public Employees — Retirement — Benefits Board of trustees’ position that, because the amount of the allowance for disability retirees aged sixty or over, under the […]
PETITION OF N.H. JUDGES ASSOC., 126 N.H. 293 (1985)
490 A.2d 1374 PETITION OF NEW HAMPSHIRE JUDGES ASSOCIATION No. 84-196Supreme Court of New Hampshire Original Decided March 22, 1985 Judges — Standards of Conduct Code of Judicial Conduct is amended by adoption of section limiting the actions of a part-time judge when serving as counsel to the town where his court is located or […]
STATE v. MURRAY, 135 N.H. 369 (1992)
605 A.2d 676 THE STATE OF NEW HAMPSHIRE v. SONDRA MURRAY No. 90-213Supreme Court of New Hampshire Rockingham Decided March 20, 1992 1. Breach of the Peace — Disorderly Conduct — Elements Someone other than arresting officer must be disturbed for there to be a public disturbance within the meaning of disorderly conduct statute. RSA […]
STATE v. HUDSON, 121 N.H. 6 (1981)
425 A.2d 255 THE STATE OF NEW HAMPSHIRE v. LELAND HUDSON No. 80-084Supreme Court of New Hampshire Merrimack County Probate Court Decided January 21, 1981 1. Mental Health — Commitment — Evidence Certificate of physician, stating that based upon his examination of defendant, defendant was in such a mental condition as to be dangerous to […]
GARDINER v. CARTER, 74 N.H. 507 (1908)
69 A. 939 GARDINER a., Ex’rs, v. CARTER, State Treas. Supreme Court of New Hampshire Hillsborough. Decided May 5, 1908. Shares of stock in a domestic corporation, which form part of the estate of a non-resident decedent, constitute property within the jurisdiction of this state, and are subject to the tax imposed by chapter 40, […]
APPEAL OF GILBERT, 142 N.H. 842 (1998)
714 A.2d 216 APPEAL OF BOBBY GILBERT (New Hampshire Compensation Appeals Board) No. 96-440Supreme Court of New Hampshire Compensation Appeals Board Decided June 3, 1998 1. Workers’ Compensation — Compensation — Computation of Awards The department of labor, under former RSA 281:2, VII(1), had to, for purposes of awarding workers’ compensation benefits, determine the appropriate […]
ARTHUR LESSARD SONS v. KAKIDES, 116 N.H. 50 (1976)
351 A.2d 61 ARTHUR LESSARD SONS, INC. v. JAMES H. KAKIDES, SR. No. 7336Supreme Court of New Hampshire Belknap Decided January 31, 1976 1. Legislative intent of a statute is to be determined from its language as a whole and not from a particular word or phrase, and all parts of an act must be […]
ROMANO v. COMPANY, 95 N.H. 404 (1949)
64 A.2d 695 SAVERIO R. ROMANO, Adm’r v. LITTLETON CONSTRUCTION COMPANY. No. 3810.Supreme Court of New Hampshire Merrimack. Decided March 1, 1949. The question of whether a widow was totally dependent upon the earnings of her deceased husband and therefore entitled to compensation for death (Laws 1939, c. 195, s. 2) is one of fact […]
SEVIGNY v. BURNS, 108 N.H. 95 (1967)
227 A.2d 775 RONALD SEVIGNY v. WARREN W. BURNS. No. 5598.Supreme Court of New Hampshire Original.Argued February 7, 1967. Decided March 29, 1967. 1. Proceedings under the sexual psychopath law (RSA ch. 173) are separate and distinct from criminal proceedings although both may result from the same charges. 2. Proceedings under such law once begun […]
JEWELL v. McQUESTEN, 68 N.H. 233 (1894)
34 A. 742 JEWELL v. McQUESTEN a. Supreme Court of New Hampshire Hillsborough. Decided December, 1894. In a petition for partition, brought by the husband of a person deceased against her devisees, a plea in bar alleging an agreement by the husband not to claim any right, title, or interest in his wife’s property is […]
DAVIS v. DYER, 62 N.H. 231 (1882)
DAVIS v. DYER a. Supreme Court of New Hampshire Grafton. Decided June, 1882. In assumpsit upon an account, of which the court has equitable jurisdiction, and the items of which are so numerous and complicated that the case cannot be intelligently understood by a jury, there is no absolute right of trial by jury under […]
HENRY v. HENRY, 129 N.H. 159 (1987)
525 A.2d 267 SHERRYL M. HENRY v. JOHN G. HENRY No. 86-083Supreme Court of New Hampshire Rockingham Decided March 6, 1987 1. Divorce — Alimony — Statutes Amendment to alimony statute in 1986 is applicable only to orders based upon divorce decrees entered on or after January 1, 1986. RSA 458:19 (Supp. 1986). 2. Divorce […]
CUTTS v. CUTTS, 58 N.H. 602 (1879)
JOEL D. CUTTS v. JOEL W. CUTTS. Supreme Court of New Hampshire Sullivan. Decided March, 1879. The erroneous belief of a guardian, charged upon his noncompliance with a citation to settle an account when his ward became of age, that a subsequent settlement out of court, afterwards repudiated by the ward, made it unnecessary for […]
STATE v. KIDDER, 150 N.H. 600 (2004)
843 A.2d 312 THE STATE OF NEW HAMPSHIRE v. STEVEN KIDDER. No. 2003-362.Supreme Court of New Hampshire Hillsborough District CourtArgued: January 14, 2004. Opinion Issued: February 27, 2004. 1. Domestic Violence — Abuse Prevention — Protective Orders A trier of fact can find that defendant violated a protective order if the trier of fact finds […]
ST. LAURENT v. RAILWAY, 77 N.H. 460 (1915)
92 A. 959 ALFRED ST. LAURENT v. MANCHESTER STREET RAILWAY. Supreme Court of New Hampshire Hillsborough. Decided January 5, 1915. Where expressions of bystanders as to the nature of an accident are offered in evidence, the questions whether the exclamations were too remote in point of time and whether the persons uttering them were in […]
STATE v. SUKOFF, 105 N.H. 70 (1963)
192 A.2d 622 STATE v. HENRY SUKOFF. No. 5153.Supreme Court of New Hampshire Rollinsford Municipal Court.Argued June 25, 1963. Decided July 9, 1963. 1. An ordinance permitting and regulating retail business on Sunday adopted by the selectmen of a municipality pursuant to RSA 578:5 is not operative and valid until approved by a majority vote […]
ADAMS v. BRADSHAW, 135 N.H. 7 (1991)
599 A.2d 481 RAYMOND ADAMS a. v. BERNARD BRADSHAW a. No. 90-298Supreme Court of New Hampshire Grafton Decided November 7, 1991 1. Municipal Corporations — Property — Generally A sewerage system constructed by a municipal corporation is its property, and its right to regulate and control the use of it is a necessary incident of […]
KINDELLAN v. RAILWAY, 76 N.H. 54 (1911)
79 A. 691 KINDELLAN v. MT. WASHINGTON RAILWAY CO. Supreme Court of New Hampshire Coos. Decided February 7, 1911. In an action for negligence against employers, certain evidence deemed to conclusively establish that the injuries complained of resulted from dangers which the plaintiff knew and appreciated, and the risk of which he assumed as an […]
RICHARDSON INV. MANAGEMENT v. N.H. BD. OF TAXATION, 119 N.H. 159 (1979)
399 A.2d 968 RICHARDSON INVESTMENT MANAGEMENT, INC. v. NEW HAMPSHIRE BOARD OF TAXATION No. 78-155Supreme Court of New Hampshire Board of Taxation Decided March 23, 1979 Taxation — Business Profits Tax — Apportionment of Profits Where Delaware corporation, whose commercial domicile was in New Hampshire, had not claimed that it was subject to any income […]
HODGDON v. WEEKS MEM. HOSP., 122 N.H. 424 (1982)
445 A.2d 1116 DIANE HODGDON, ADMINISTRATRIX w/w/a OF THE ESTATE OF JOHN HODGDON v. BEATRICE D. WEEKS MEMORIAL HOSPITAL a. No. 81-107 No. 81-293Supreme Court of New Hampshire Coos Decided May 17, 1982 1. Process — Commencement of Action A suit is commenced when the writ is filled out with the intention of having it […]
OPINION OF THE JUSTICES, 97 N.H. 546 (1951)
81 A.2d 853 OPINION OF THE JUSTICES. No. 4065.Supreme Court of New Hampshire Decided June 19, 1951. The information before the members of the court was insufficient to permit them to declare constitutional a proposed bill imposing a tax upon meals admissions and bottled soft drinks at different rates. The following resolution was adopted by […]
STATE v. FORD, 144 N.H. 57 (1999)
738 A.2d 937 THE STATE OF NEW HAMPSHIRE v. SCOTT FORD No. 97-617Supreme Court of New Hampshire Rockingham Decided July 21, 1999 1. Criminal Law — Confessions — Voluntariness Since State Constitution afforded greater protection to criminal defendant than Federal Constitution, in requiring State to prove voluntariness of defendant’s statements beyond reasonable doubt rather than […]
CURTIS v. BERRY, 68 N.H. 18 (1894)
40 A. 393 CURTIS a. v. BERRY a. Supreme Court of New Hampshire Rockingham. Decided June, 1894. The mayor and aldermen of a city have no authority to call a meeting of the inhabitants for the purpose of voting upon the adoption of the ballot law. PETITION of citizens and legal voters of Portsmouth against […]
DONOVAN’S CASE, 108 N.H. 34 (1967)
226 A.2d 779 DONOVAN’S CASE. No. 5548.Supreme Court of New Hampshire Original.Hearings September 19, 1966, and November 16, 1966. Decided February 24, 1967. 1. Where an attorney at law was guilty of inattention, negligence and the making of misleading statements in handling several matters entrusted to him over a period of years to the detriment […]
AMOSKEAG SAV. BANK v. SHELL c. CO., 89 N.H. 30 (1937)
192 A. 149 AMOSKEAG SAVINGS BANK v. SHELL EASTERN PETROLEUM PRODUCTS, INC. Supreme Court of New Hampshire Hillsborough. Decided May 4, 1937. A covenant by a lessor of a filling station to pay all taxes “assessed upon the leased premises” construed in connection with a provision giving the lessee permission to remove on termination of […]
STATE v. HOWARD, 69 N.H. 507 (1898)
43 A. 592 STATE v. HOWARD. STATE v. JAMESON. Supreme Court of New Hampshire Sullivan. Decided December, 1898. Any person may be complainant in a prosecution under s. 8, c. 60, Laws 1891, for owning or keeping a dog without a license. APPEALS, from judgments of a justice of the peace against the defendants for […]
LOGUE v. CLARK, 62 N.H. 184 (1882)
LOGUE v. CLARK a. Supreme Court of New Hampshire Sullivan. Decided June, 1882. A party aggrieved by the decree of a judge of probate who is disqualified to sit by reason of interest, has an ample and convenient remedy by appeal, and cannot maintain a petition for a writ of certiorari. PETITION for a writ […]
PERRON v. PERRON, 122 N.H. 855 (1982)
451 A.2d 1282 MILDRED M. PERRON v. GEORGE PERRON No. 81-156Supreme Court of New Hampshire Strafford Decided October 12, 1982 1. Divorce — Property Settlement — Discretion of the Court The supreme court will not set aside a marital master’s determination absent a showing of an abuse of discretion. 2. Divorce — Property Settlement — […]
ELLIOTT v. GILCHRIST, 64 N.H. 260 (1886)
9 A. 382 ELLIOTT v. GILCHRIST. Supreme Court of New Hampshire Merrimack. Decided December, 1886. A mortgage of “a tract of land known as the M lot, bounded . . . easterly by land of W,” held to convey the land up to W’s line, although a portion of it was known as the S […]
STATE v. PEABODY, 121 N.H. 1075 (1981)
438 A.2d 305 THE STATE OF NEW HAMPSHIRE v. CHARLES L. PEABODY No. 81-130Supreme Court of New Hampshire Sullivan Decided December 8, 1981 1. Criminal Law — Sentence — Suspension The exercise of the judicial privilege of suspension of a sentence can be withdrawn by statutory language expressing a clear legislative intent that a sentence […]
THOMAS TOOL SERVICES, INC. v. TOWN OF CROYDON, 97-887 (N.H. 3-8-2001)
THOMAS TOOL SERVICES, INC. v. TOWN OF CROYDON No. 97-887Supreme Court of New Hampshire Sullivan Decided March 8, 2001. In Case No. 97-887, Thomas Tool Services, Inc. v. Town of Croydon, the court upon February 27, 2001, made the following order: The plaintiff moves for clarification of the phrase “as of the date of this […]
IN RE KALIL, 156 N.H. 254 (2007)
IN THE MATTER OF ROBERT A. KALIL AND BRENDA BUZDEREWICZ. No. 2007-207.Supreme Court of New Hampshire. Brentwood Family Division.Argued: June 20, 2007. Opinion Issued: September 25, 2007. 1. Parent and Child — Custody — Guardianship Although the court rule pertaining to reports filed by guardians ad litem (GAL) in domestic relations cases involving custody describes […]
KALLGREN v. CHADWICK, 134 N.H. 110 (1991)
589 A.2d 120 BLAINE KALLGREN v. KENNETH AND DOROTHY CHADWICK No. 89-391Supreme Court of New Hampshire Strafford Decided April 23, 1991 1. Pleading — Pretrial Statements — Purpose The purpose of the pretrial statement is to apprise the parties and the court, unambiguously and accurately, of all uncontested and contested facts. 2. Pleading — Pretrial […]
STATE v. FIELD, 132 N.H. 760 (1990)
571 A.2d 1276 THE STATE OF NEW HAMPSHIRE v. NELSON FIELD No. 89-239Supreme Court of New Hampshire Cheshire Decided March 9, 1990 1. Criminal Law — Probation — Notice Defendant was sufficiently apprised of his obligation as a person on probation to not possess a weapon, explosive and/or firearm and to be of good behavior […]
CUSHING v. GREGG, 137 N.H. 429 (1993)
629 A.2d 779 ROBERT CUSHING, JR. v. JUDD GREGG a. No. 91-065Supreme Court of New Hampshire Merrimack Decided July 19, 1993 1. Appeal and Error — Questions Considered on Appeal — Moot Questions Supreme court has discretion to rule on case that has become moot when questions involve a pressing public concern or are capable […]
PAPER CO. v. MARSH, 64 N.H. 531 (1888)
15 A. 19 WINNIPISEOGEE PAPER CO. a. v. MARSH, Ex’x. Supreme Court of New Hampshire Merrimack. Decided June, 1888. A grantee of land cannot recover against a former grantor with full covenants of warranty, expenses which he has incurred in a proceeding to set aside a collector’s deed of the premises, made upon a sale […]
DUMAIS v. SOMERSWORTH, 101 N.H. 111 (1957)
134 A.2d 700 PHILIP DUMAIS v. SOMERSWORTH. No. 4594.Supreme Court of New Hampshire Strafford.Argued September 4, 1957. Decided September 30, 1957. 1. The right to construct a garage for uses incidental and accessory to residential uses in a residential district is not deemed forbidden though expressly permitted by a zoning ordinance. Page 112 2. Hence, […]
STATE v. PERKINS, 63 N.H. 368 (1885)
STATE v. PERKINS. Supreme Court of New Hampshire Merrimack. Decided June, 1885. An indictment, for keeping for sale fermented cider in less quantity than ten gallons, need not contain a denial that it was intended to be sold elsewhere than in this state. ALLEN, J. The ground of the motion to quash the indictment is, […]
STATE v. PINDER, 128 N.H. 66 (1986)
514 A.2d 1241 THE STATE OF NEW HAMPSHIRE v. BERNARD R. PINDER No. 84-477Supreme Court of New Hampshire Carroll Decided May 9, 1986 1. Constitutional Law — Speedy Trial — Test Although the rule of State v. Hastings, 120 N.H. 454 (1980), that an indictment must be brought within sixty days of arrest, is not […]
THIBEAULT v. BROWN, 92 N.H. 235 (1942)
29 A.2d 461 DENNIS J. THIBEAULT, Adm’r v. MAUDE E. BROWN AND JOHN W. PARFITT, Ex’rs. No 3358.Supreme Court of New Hampshire Hillsborough. Decided November 4, 1942. In an action for negligently causing death a general verdict of present value of the loss to dependents and estate can be reached only after the finding of […]
DOWLING v. SHATTUCK, 91 N.H. 234 (1941)
17 A.2d 529 LLOYD DOWLING v. L. H. SHATTUCK, INC. No. 3196.Supreme Court of New Hampshire Hillsborough. Decided January 7, 1941. The admissibility of opinion evidence does not depend upon the nature of the issue upon which the evidence bears; but upon whether or not in the sound discretion of the trial justice such evidence […]
PAPAKALOS v. SHAKA, 91 N.H. 265 (1941)
18 A.2d 377 ATHANASIOS PAPAKALOS v. ATHAN SHAKA. No. 3217.Supreme Court of New Hampshire Hillsborough. Decided February 4, 1941. A landlord’s duty to his tenant with respect to common passageways is not confined to merely maintaining them in the condition in which they were at the commencement of the tenancy. A landlord who had rented […]
BLAISDELL v. COE, 83 N.H. 167 (1927)
139 A. 758 BERTRAM BLAISDELL, Ex’r, v. F. SUMNER COE a. Supreme Court of New Hampshire Belknap. Decided December 6, 1927. By a devise of “all the real estate which I may own at my decease” a testator familiar with real estate transactions presumably intended not to include mortgages held by him. If after making […]
SISE v. COUNTY, 62 N.H. 441 (1883)
SISE a. v. ROCKINGHAM COUNTY. Supreme Court of New Hampshire Rockingham. Decided June, 1883. In a written proposal for the sale of two lots of coal, an agreement to sell the first lot at a certain price per ton — “2240 lbs. to the ton” — is evidence of an intention to use the same […]
WOODMAN v. PRESCOTT, 65 N.H. 224 (1889)
19 A. 999 WOODMAN v. PRESCOTT. Supreme Court of New Hampshire Rockingham. Decided December, 1889. To constitute probable cause for a criminal prosecution the prosecutor need not act from public motives. CASE, for malicious prosecution. The plaintiff claimed that the defendant wilfully and maliciously procured an indictment against him for larceny. Among other things, the […]
GOUDREAULT v. GOUDREAULT, 120 N.H. 140 (1980)
412 A.2d 736 PAULINE M. GOUDREAULT v. RUDOLPH A. GOUDREAULT No. 79-004Supreme Court of New Hampshire Rockingham Decided March 5, 1980 1. Divorce — Property Settlement — Discretion of Court Where a review of the record, exhibits, and transcript fails to demonstrate an abuse of discretion in dividing property and awarding support, an appeal will […]
DiPIETRO v. LAVIGNE, 99 N.H. 173 (1954)
106 A.2d 395 HAROLD E. DiPIETRO, Adm’r v. ROMEO LAVIGNE a. No. 4329.Supreme Court of New Hampshire Rockingham.Argued June 2, 1954. Decided July 1, 1954. In a petition for a new trial the question of whether plaintiff’s counsel was surprised or misled by what transpired at the original trial and, if so, whether his ensuing […]
HUBLEY v. GOODWIN, 90 N.H. 54 (1939)
4 A.2d 665 THERESA M. HUBLEY, Adm’x v. ROLAND A. GOODWIN, a. No. 3036.Supreme Court of New Hampshire Rockingham. Decided February 7, 1939. Under P. L., c. 100, s. 32 providing for substituted service upon the Commissioner of Motor Vehicles where the defendant is a non-resident in a suit “growing out of” an “accident or […]
MAILHOT v. C R CONST. CO., 128 N.H. 323 (1986)
514 A.2d 1255 GENE R. MAILHOT a. v. C R CONSTRUCTION CO. No. 85-249Supreme Court of New Hampshire Hillsborough Decided July 17, 1986 Appeal and Error — Preservation of Questions — Failure To Present Below On appeal of an action for personal injury and loss of consortium, plaintiffs’ claim was rejected that trial court erred […]
STATE v. UHRIG, 82 N.H. 480 (1927)
136 A. 132 STATE v. FREDERICK W. UHRIG. Supreme Court of New Hampshire Rockingham. Decided January 4, 1927. Under P.L., c. 162, ss. 29 and 30, one who keeps crude petroleum or any of its products for sale in reservoirs and under the conditions prescribed by section 29 is not required by section 30 to […]
MINER v. A C TIRE CO., INC., 146 N.H. 631 (2001)
776 A.2d 1286 FREDERIC MINER a. v. A C TIRE CO., INC. a. No. 99-428Supreme Court of New Hampshire Rockingham Decided July 18, 2001 1. Laches — Elements — Generally Laches is not triggered by the merge passage of time, but may be appropriate where a suit has been unreasonably delayed an the delay has […]
TSOUKALAS v. HANCOCK, 102 N.H. 417 (1960)
158 A.2d 296 SPYROS TSOUKALAS v. PARKER L. HANCOCK, Warden, a. No. 4797.Supreme Court of New Hampshire Merrimack.Argued January 5, 1960. Decided February 29, 1960. 1. Where a prisoner was released on parole from the State Prison after having served two-thirds of his minimum sentence under the provisions of RSA 607:43 and while on parole […]
ALLEN’S CASE, 75 N.H. 301 (1909)
73 A. 804 ALLEN’S CASE. Supreme Court of New Hampshire Rockingham. Decided June 26, 1909. An attorney who uses for his own advantage money collected for a client is guilty of a breach of trust which constitutes cause for disbarment. COMPLAINT, against Harry F. Allen, an attorney of the court, charging among other things the […]
WESTGATE v. HAVERHILL, 68 N.H. 593 (1896)
44 A. 697 WESTGATE, Ex’r, v. HAVERHILL a. Supreme Court of New Hampshire Grafton. Decided June, 1896. When a bequest is made to a town, “the interest thereof to be appropriated annually to and among the school districts in said town equally,” and after the execution of the will, but prior to the decease of […]
STATE v. WATSON, 120 N.H. 950 (1980)
424 A.2d 417 THE STATE OF NEW HAMPSHIRE v. GEORGE WATSON No. 80-114Supreme Court of New Hampshire Sullivan Decided December 31, 1980 1. Criminal Law — State’s Duties — Disclosure of Information A delay in furnishing the criminal defendant with information which is favorable to him and material to the issue of guilt or innocence […]
CAMPTON CROSSROADS, INC. v. WISE, 131 N.H. 193 (1988)
551 A.2d 517 CAMPTON CROSSROADS, INC. v. RICHARD A. WISE No. 87-198Supreme Court of New Hampshire Plymouth District Court Decided December 9, 1988 Jury — Demand for Jury Trial — Late Demand In case in district court, where defendant had a right to jury trial in the superior court but did not request it within […]
WHEELER v. TAFT, 61 N.H. 1 (1881)
WHEELER WILSON MANUFACTURING CO. v. TAFT. Supreme Court of New Hampshire Hillsborough. Decided June, 1881. A judgment upon a debt provable in bankruptcy, rendered after the defendant’s petition in bankruptcy was filed, and before his discharge, is not barred by his discharge. DEBT, on a Massachusetts judgment recovered in October, 1878. The plaintiff demurred to […]
APPEAL OF BEYER, 122 N.H. 934 (1982)
453 A.2d 834 APPEAL OF DR. WERNER BEYER (New Hampshire Board of Dental Examiners) No. 81-174Supreme Court of New Hampshire Board of Dental Examiners Decided November 5, 1982 1. Physicians and Surgeons — Disciplinary Proceedings — Judicial Review The supreme court must uphold a decision of the board of dental examiners unless the decision of […]
MADIGAN v. RAILWAY, 74 N.H. 303 (1907)
67 A. 404 MADIGAN, Adm’r, v. BERLIN STREET RAILWAY. Supreme Court of New Hampshire Coos. Decided June 29, 1907. A verdict cannot be ordered for the defendant in an action for negligence, on the ground of inherent incredibility of the testimony in behalf of the plaintiff and a preponderance in the evidence adduced by the […]
WHELTON v. DALY, 93 N.H. 150 (1944)
37 A.2d 1 GEORGE B. WHELTON, Ex’r, Appellee v. MICHAEL MAGGIE DALY, by his Attorney and Agent, Appellant. No. 3456.Supreme Court of New Hampshire Hillsborough. Decided April 4, 1944. An agent under a duly authenticated instrument may be authorized to prosecute a probate appeal and execute a bond on behalf of one in a foreign […]
NEWTON v. TOLLES, 66 N.H. 136 (1889)
19 A. 1092 NEWTON v. TOLLES. TOLLES v. NEWTON. Supreme Court of New Hampshire Hillsborough. Decided December, 1889. A vendee who enters into an executory contract for the purchase of a farm relying upon the vendor’s statement that it contains a materially greater number of acres than is the fact, may be relieved in equity […]
FISH v. HOBART, 69 N.H. 596 (1899)
45 A. 479 FISH v. HOBART. Supreme Court of New Hampshire Strafford. Decided June, 1899. A creditor resident in this state is not made party to an insolvency proceeding in another state by the unauthorized act of his attorney in attending a meeting of creditors, and objecting to the selection of a proposed assignee. ASSUMPSIT. […]
STATE v. REMICK, 149 N.H. 745 (2003)
829 A.2d 1079 THE STATE OF NEW HAMPSHIRE v. Michael Remick No. 2001-469Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued July 9, 2003 Opinion Issued August 18, 2003 1. Criminal Law — Self-Incrimination — Generally Three basic principles guide the application of the Fifth Amendment privilege against self-incrimination: (1) invocation of the right is construed […]
DOYLE v. COMPANY, 93 N.H. 61 (1943)
35 A.2d 394 ROBERT J. DOYLE, Adm’r v. TELEGRAPH PUBLISHING COMPANY. No. 3437.Supreme Court of New Hampshire Hillsborough. Decided December 7, 1943. The failure of the operator of a motor vehicle to give the right of way at an intersection to a vehicle approaching from his right at approximately the same instant, as required by […]
COURTEMANCHE v. LUMBERMENS MUT. CAS. CO., 118 N.H. 168 (1978)
385 A.2d 105 MARC H. COURTEMANCHE v. LUMBERMENS MUTUAL CASUALTY COMPANY AND HOME INSURANCE COMPANY No. 7758Supreme Court of New Hampshire Hillsborough Decided March 31, 1978 1. Insurance — Automobile Policies — Uninsured Motorist Coverage New Hampshire Uninsured Motorist Coverage Statute evinces a legislative intent to allow a person to protect himself against injury from […]
ECKHART v. LINABERRY, 113 N.H. 652 (1973)
312 A.2d 704 THOMAS W. ECKHART v. EARLE B. LINABERRY WILLIAM ECKHART v. SAME No. 6672Supreme Court of New Hampshire Rockingham Decided November 30, 1973 1. The language in RSA 262-A:28 requiring the driver of a vehicle intending to turn left within an intersection to yield the right of way to any vehicle approaching from […]
STATE v. HARLAN, 103 N.H. 31 (1960)
164 A.2d 562 STATE v. WALTER J. HARLAN, JR. No. 4823.Supreme Court of New Hampshire Manchester Municipal Court.Argued October 4, 1960. Decided October 28, 1960. 1. A plea of former jeopardy will not be sustained unless it appears that the offense previously charged was the same in law and in fact as that presently charged. […]
STATE v. BROWN, 125 N.H. 346 (1984)
480 A.2d 901 THE STATE OF NEW HAMPSHIRE v. ROBERT M. BROWN No. 82-438Supreme Court of New Hampshire Strafford Decided August 9, 1984 1. Indictment and Information — Presentment — Delay If the accused is a fugitive, the State cannot alleviate the consequences of arrest by bringing an indictment; consequently, the time during which an […]
AHERN v. COMPANY, 75 N.H. 99 (1908)
71 A. 213 AHERN v. AMOSKEAG MANUFACTURING CO. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1908. A master is under no obligation to protect his servants against a danger not reasonably to be anticipated, or to warn them of a peril concerning which their knowledge and appreciation are equal to his own. CASE, […]
WATERVILLE ESTATES ASSOC. v. TOWN OF CAMPTON, 122 N.H. 506 (1982)
446 A.2d 1167 WATERVILLE ESTATES ASSOCIATION v. TOWN OF CAMPTON No. 81-177Supreme Court of New Hampshire Grafton Decided June 9, 1982 1. Easements — Nature of Grant An easement is a nonpossessory interest in realty which can only be created by prescription, written conveyance, or implication. 2. Easements — Appurtenant Easements — Generally An easement […]
CHAPMAN v. COMPANY, 67 N.H. 180 (1892)
38 A. 16 CHAPMAN v. NEWMARKET MANUFACTURING COMPANY. Supreme Court of New Hampshire Rockingham. Decided June, 1892. A petition under the flowage act by a land-owner for the assessment of his damages cannot be maintained against one who claims no right of flowage under the act. PETITION, under Gen. Laws, c. 141, ss. 15, 16, […]
HUDSON v. NASHUA, 62 N.H. 591 (1883)
HUDSON v. NASHUA. Supreme Court of New Hampshire Hillsborough. Decided June, 1883. When a bridge has been established as part of a public highway, and constructed and maintained by two towns in which it is situated, one of the Page 592 towns can maintain a petition against the other town or city, under Gen. Laws, […]
RUSSO v. SLAWSBY, 84 N.H. 89 (1929)
146 A. 508 JOSEPH S. RUSSO v. ABRAHAM B. SLAWSBY a. Supreme Court of New Hampshire Hillsborough. Decided June 4, 1929. An agent to sell real estate on commission may recover therefor against the owner if he brings the minds of the owner and the buyer to an agreement for a sale and the price […]
DUNCAN v. ELKINS, 94 N.H. 13 (1946)
45 A.2d 297 LAURENCE I. DUNCAN, Trustee v. FLORENCE E. ELKINS a. No. 3565.Supreme Court of New Hampshire Merrimack. Decided January 2, 1946. A successor trustee may properly exercise the same powers that the original trustee was authorized to exercise where the will indicates no contrary intention, and when such powers are not of a […]
WHITTREDGE v. EDMUNDS, 63 N.H. 248 (1884)
WHITTREDGE v. EDMUNDS a. Supreme Court of New Hampshire Merrimack. Decided December, 1884. A mortgage given to secure a note made for a larger sum than the amount actually due from the mortgagor is not invalid as against creditors of the mortgagor, if it appears that it was not made to hinder, delay, or defraud […]