52 A.2d 288 CONSOLIDATED RENDERING COMPANY v. BEATRICE C. SMITH and UNION TRUST COMPANY, Trustee. No. 3636.Supreme Court of New Hampshire Merrimack. Decided April 1, 1947. A trustee who, subsequent to its filing of a bill of interpleader but prior to the disposition thereof is served with trustee process, fails to join the attaching creditor […]
Category: New Hampshire Court Opinions
STATE v. DUBRUIEL, 75 N.H. 369 (1909)
74 A. 1048 STATE v. DUBRUIEL a. Supreme Court of New Hampshire Rockingham. Decided December 7, 1909. A verdict is not to be set aside because a question propounded to a witness informed the jury of an irrelevant fact, if counsel by an immediate retraction restored to the trial the fairness of which he had […]
DREW v. COTTON, 68 N.H. 22 (1894)
42 A. 239 DREW a. v. COTTON a. Supreme Court of New Hampshire Carroll. Decided June, 1894. A vote of a town to discontinue a highway located within the town is valid, though it forms part of a continuous thoroughfare into other towns. PETITION, against the county commissioners and the town of Eaton, for a […]
MOBIL OIL CORPORATION v. GOODHUE BOATYARD CO., 110 N.H. 80 (1969)
260 A.2d 106 MOBIL OIL CORPORATION v. GOODHUE BOATYARD INC. No. 5973.Supreme Court of New Hampshire Belknap. Decided December 30, 1969. 1. Where pursuant to a printed contract and “improvement letter,” plaintiff made certain improvements on defendant’s property and defendant agreed to purchase and plaintiff agreed to sell and deliver specified products of plaintiff “at […]
CURRIER v. GILMAN, 55 N.H. 364 (1875)
CURRIER v. GILMAN. Supreme Court of New Hampshire Grafton. Decided March 12, 1875. Error — Personal service of writ — Defendant absent from state. Where a writ was served by leaving a summons in due form at the usual place of abode of the defendant in this state, as required by Gen. Stats. ch. 204, […]
SOUCIER v. COMPANY, 77 N.H. 118 (1913)
88 A. 708 ELZEOR SOUCIER v. ODELL MANUFACTURING CO. Supreme Court of New Hampshire Coos. Decided October 7, 1913. In conformity with well settled practice, the trial court may rule upon the admissibility of testimony as the case stands when an offer of proof is made, without regard to the assertion of counsel as to […]
DUBE v. COMPANY, 94 N.H. 459 (1947)
55 A.2d 314 RUTH DUBE v. INTERNATIONAL SHOE COMPANY. ADELARD DUBE v. SAME. No. 3680.Supreme Court of New Hampshire Hillsborough. Decided November 4, 1947. In an action by a servant against her master for injuries sustained by an assault upon her by a co-employee, the master is not chargeable with knowledge that such an assault […]
SCALES v. ASSOCIATION, 70 N.H. 490 (1900)
48 A. 1084 SCALES v. MASONIC PROTECTIVE ASSOCIATION. Supreme Court of New Hampshire Merrimack. Decided December, 1900. Where a benefit certificate stipulates for payment of indemnity in the event of and during total disability which requires absolute, necessary, and continuous confinement to the house, the necessity for confinement is merely an evidentiary fact in the […]
MILLS CO. v. LOCATION, 60 N.H. 156 (1880)
BERLIN MILLS CO. v. WENTWORTH’S LOCATION. Supreme Court of New Hampshire Coos. Decided June, 1880. A river is a “body of water” within the meaning of Gen. Laws, c. 48, s. 1. Taxation and protection are reciprocal. In a town in which a chattel has no situs, and in which its owner does not reside, […]
POLIQUIN v. DeSOTO KERNS CO., 118 N.H. 371 (1978)
386 A.2d 1287 GEORGE POLIQUIN v. DeSOTO KERNS COMPANY ALLSTATE INSURANCE COMPANY AND COMMISSIONER OF LABOR No. 7935Supreme Court of New Hampshire Strafford Decided May 17, 1978 1. Workmen’s Compensation — Employment Situs The making of an employment contract within a State is usually deemed to create a relation with a situs in the State […]
PIC-N-PAY CO. v. STATE, 110 N.H. 16 (1969)
259 A.2d 659 PIC-N-PAY, INC. v. STATE. No. 5920.Supreme Court of New Hampshire Port Authority. Decided November 28, 1969. 1. The statute (RSA ch. 483-A) designed to prevent fill runoff into tidal waters and to protect marine fisheries and wildlife was held to have no application to marshland which was neither in nor adjacent to […]
BRUNELLE v. BANK OF NEW YORK MELLON, 161 N.H. 64 (2010)
13 A.3d 864 STEPHEN BRUNELLE a. v. BANK OF NEW YORK MELLON a. No. 2009-689.Supreme Court of New Hampshire. Rockingham.Submitted: June 23, 2010. Opinion Issued: October 27, 2010. 1. Mortgages — Foreclosure — Particular Cases There was no merit to plaintiffs’ argument that under the Truth in Lending Act and Regulation Z, defendants’ mortgage automatically […]
BUCKLIN v. TRUELL, 61 N.H. 503 (1881)
BUCKLIN v. TRUELL a. Supreme Court of New Hampshire Grafton. Decided December, 1881. On the question of a mill-owner’s acquisition of a prescriptive right of flowage, evidence of complaints made of the flowage by persons having no interest in the land flowed, to others having no interest in and making no use of the dam, […]
TURCO v. TOWN OF BARNSTEAD, 136 N.H. 256 (1992)
615 A.2d 1237 SALVATORE C. TURCO AND HELEN T. TURCO v. TOWN OF BARNSTEAD No. 91-127Supreme Court of New Hampshire Belknap Decided October 30, 1992 1. Estoppel — Elements — Generally To prove estoppel in a municipal context, plaintiff must show that defendant made a false representation or a concealment of material facts; representation must […]
STATE v. DERRICKSON, 97 N.H. 91 (1951)
81 A.2d 312 STATE v. ROBERT W. DERRICKSON. STATE v. WILLIAM POULOS. No. 4042.Supreme Court of New Hampshire Rockingham. Decided June 5, 1951. The rights of freedom of assembly, speech and worship guaranteed by the Constitution cannot be prohibited but are subject to reasonable and nondiscriminatory regulation in the interest of public order and convenience. […]
TUFTS v. WHITE, 92 N.H. 158 (1942)
26 A.2d 679 WOODROW W. TUFTS v. GEORGE M. WHITE a. No. 3320.Supreme Court of New Hampshire Strafford. Decided June 2, 1942. One who drives a car on a highway, when he cannot see ahead through a fog, and at a speed in disregard of precautions to avoid collision with other vehicles, whether negligently or […]
SHAPIRO v. NATIONAL FIRE INS. CO., 102 N.H. 111 (1959)
151 A.2d 590 MAURICE D. SHAPIRO a. v. NATIONAL FIRE INSURANCE COMPANY. No. 4728.Supreme Court of New Hampshire Hillsborough.Argued May 5, 1959. Decided June 2, 1959. 1. Reformation of a comprehensive liability insurance policy so as to include the names of the plaintiffs as insureds in addition to the named insured, who occupied one half, […]
TOWLE v. NESMITH, 69 N.H. 212 (1897)
42 A. 900 TOWLE v. NESMITH, Ex’r. Supreme Court of New Hampshire Rockingham. Decided December, 1897. A bequest to a town for the use and benefit of “the poor widows, and children under ten years of age,” is not void for uncertainty. BILL IN EQUITY. Facts found by the court. Zoe A. Flanders died in […]
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 […]
PEPIN v. MANCHESTER, 108 N.H. 223 (1967)
231 A.2d 481 EDGAR PEPIN v. MANCHESTER a. No. 5588.Supreme Court of New Hampshire Hillsborough.Argued June 6, 1967. Decided July 18, 1967. 1. Acceptance by a city of a grant which is not necessarily beneficial to it will not be presumed. 2. Acceptance of a grant by a public grantee need not be express or […]
STATE v. HUTCHINS, 117 N.H. 924 (1977)
380 A.2d 257 THE STATE OF NEW HAMPSHIRE v. RICHARD HUTCHINS ROBERT BINNETTE ARTHUR COLBY No. 7730Supreme Court of New Hampshire Portsmouth District Court Decided November 16, 1977 1. Highways — Regulation of Use General Court has given commissioner of public works and highways authority to regulate use of class 1 highways in cities outside […]
STATE v. BECKMAN, 57 N.H. 174 (1876)
STATE v. BECKMAN. Supreme Court of New Hampshire FROM ROCKINGHAM CIRCUIT COURT. Decided August 10, 1876. Indictment — Obstructing railroad track. An indictment charged the obstruction of a railroad by wilfully and maliciously placing thereon two sleepers and a post. Held, that the statutory offence — Gen. Stats., ch. 263, sec. 16 — was well […]
IN THE MATTER OF HENNESSEY-MARTIN WHITNEY, 151 N.H. 207 (2004)
855 A.2d 409 IN THE MATTER OF DIANNE (WHITNEY) HENNESSEY-MARTIN AND MICHAEL J. WHITNEY. No. 2003-531.Supreme Court of New Hampshire Merrimack.Argued: May 5, 2004. Opinion Issued: June 30, 2004. 1. Divorce — Child Support — Guidelines Because the adoption assistance program is not similar in nature to the programs described as “public assistance programs” in […]
SEAVER v. RAILWAY, 78 N.H. 584 (1916)
97 A. 220 BETTY A. SEAVER v. MANCHESTER STREET RAILWAY. GEORGE H. SEAVER v. SAME. Supreme Court of New Hampshire Hillsborough. Decided February 1, 1916. CASE, for injuries caused by slipping upon icy steps of a car in which the plaintiff in the first action was a passenger. Trial by jury and verdicts for the […]
PAGE BELTING CO. v. PRINCE, 74 N.H. 262 (1907)
67 A. 401 PAGE BELTING CO. v. PRINCE a. Supreme Court of New Hampshire Merrimack. Decided June 4, 1907. Where dividends upon corporate stock are claimed by the person to whom a certificate has been issued in the capacity of trustee and also by parties who allege that the shares were pledged to them and […]
NEW HAMPSHIRE AID SOCIETY v. MORGAN, 107 N.H. 246 (1966)
221 A.2d 238 THE NEW HAMPSHIRE CHILDREN’S AID SOCIETY v. ASA H. MORGAN a. No. 5453.Supreme Court of New Hampshire Hillsborough.Argued March 1, 1966. Decided June 30, 1966. 1. A private charitable corporation that voluntarily assumed the custody and care of children by agreement with the father was held not entitled to reimbursement for the […]
GRIFFIN v. BARTLETT, 58 N.H. 141 (1877)
GRIFFIN v. BARTLETT Supreme Court of New Hampshire Rockingham. Decided August, 1877. The sending of a copy of the statutes of the state to the jury for inspection while they are considering the case, without consent of the parties is error, and cause for setting aside the verdict. CASE, for flowage, reported in 55 N.H. […]
NEWCASTLE v. HAYWOOD, 68 N.H. 179 (1894)
44 A. 132 NEWCASTLE v. HAYWOOD. Supreme Court of New Hampshire Rockingham. Decided December, 1894. A royal charter is admissible as evidence of title to lands held under it. A deed unaccompanied by evidence of possession by the grantor, or his predecessor of record, is insufficient to establish title in the grantee. TRESPASS, quare clausum, […]
WHITNEY v. HALE, 67 N.H. 385 (1892)
30 A. 417 WHITNEY als. v. HALE als. Supreme Court of New Hampshire Cheshire. Decided December, 1892. If A as principal and B as surety make a note and have it discounted and the avails paid to B, A signing it in consideration of B’s promise to convey to him certain land or to refund […]
RICHARDS v. COLUMBIA, 55 N.H. 96 (1874)
RICHARDS v. COLUMBIA. Supreme Court of New Hampshire Coos. Decided December 18, 1874. Selectmen cannot lawfully act as agents (under Gen. Stats., ch. 99) for the purchase of spirituous liquors, or appoint one of their number to be such agent, and cannot bind the town for the price of spirituous liquors so purchased. The plaintiffs […]
NEWELL v. CLARK, 73 N.H. 289 (1905)
61 A. 555 NEWELL v. CLARK a. Supreme Court of New Hampshire Rockingham. Decided June 6, 1905. The fact that a promissory note is payable on demand with interest annually, and contains an agreement that the sureties are “to be liable without notice as long as there is any liability of the principal,” does not […]
HOBBS v. HOBBS, 58 N.H. 81 (1877)
HOBBS v. HOBBS. Supreme Court of New Hampshire Carroll. Decided March, 1877. In assumpsit for money had and received by the defendant as the price of the plaintiff’s land, which the defendant, by warranty deed, sold without authority, the objection that the plaintiff may not be estopped to recover the land from the purchaser, to […]
STATE v. BLAKE, 113 N.H. 115 (1973)
305 A.2d 300 STATE OF NEW HAMPSHIRE v. CLYDE BLAKE, SR. No. 6411Supreme Court of New Hampshire Belknap Decided March 29, 1973 1. An accused’s constitutional right to a public trial ordinarily entitles him to have his friends and relatives present during trial, but this right may be waived by him personally or, under certain […]
STEWART v. HARRIMAN, 56 N.H. 25 (1875)
STEWART v. HARRIMAN. Supreme Court of New Hampshire FROM THE MERRIMACK PROBATE COURT. Decided August 13, 1875. Probate of will — Appeal — Attestation. The statute of July 2, 1822, provided, that in case any will should be proved without notice to the parties interested, any party interested should be entitled to have the probate […]
CUTLER v. YOUNG, 90 N.H. 203 (1939)
6 A.2d 162 KATHERINE E. CUTLER v. ARTHUR G. YOUNG a. EDWARD M. CUTLER v. SAME. WILLIAM M. CUTLER v. SAME. JAMES E. CRYANS v. SAME. No. 3052.Supreme Court of New Hampshire Merrimack. Decided May 2, 1939. The failure of the operator of a motor vehicle to “endorse” his name on his license as provided […]
PERRY v. KEENE, 58 N.H. 40 (1876)
PERRY a. v. KEENE a. Supreme Court of New Hampshire Cheshire. Decided December, 1876. An appropriation in aid of the construction of a railroad may be made by city councils without a popular vote, and may be limited to a part of the road. BILL IN EQUITY (reported in 56 N.H. 514), brought by tax-payers […]
WARNER v. BADGER, 65 N.H. 283 (1889)
20 A. 249 WARNER a. v. BADGER. Supreme Court of New Hampshire Belknap. Decided June, 1889. A deed of land unaccompanied by any evidence of title in the grantor, or of possession under it, has no tendency to show title in the grantee. TRESPASS, for breaking and entering Pitchwood island in Lake Winnipiseogee. The plaintiffs […]
ROWE v. TOWN OF SALEM, 119 N.H. 505 (1979)
403 A.2d 428 GARY R. ROWE a. v. TOWN OF SALEM DEWEY B. DURRETT No. 79-044Supreme Court of New Hampshire Rockingham Decided June 27, 1979 1. Zoning — Variances — Unnecessary Hardship The criterion for unnecessary hardship to warrant the issuance of a zoning variance is not the uniqueness of the plight of the owner […]
PROULX v. CITY OF DOVER, 120 N.H. 674 (1980)
421 A.2d 133 RICHARD L. PROULX, SR. v. CITY OF DOVER ZONING BOARD OF ADJUSTMENT No. 79-451Supreme Court of New Hampshire Strafford Decided October 2, 1980 Appeal and Error — Preservation of Questions — Failure To Present Below Appeal by city zoning board of adjustment seeking to set aside superior court decree which granted party’s […]
STATE v. GILBERT, 121 N.H. 305 (1981)
428 A.2d 323 THE STATE OF NEW HAMPSHIRE v. JOSEPH GILBERT No. 80-257Supreme Court of New Hampshire Belknap Decided April 17, 1981 1. Trial — Jury — View Trial court has the discretion to allow a view, and the information that a jury obtains from a view is evidence which it is authorized to use […]
SKIFF v. JOHNSON, 57 N.H. 475 (1876)
SKIFF v. JOHNSON. Supreme Court of New Hampshire FROM HILLSBOROUGH CIRCUIT COURT. Decided August 11, 1876. Referees’ report — Illegal sales. When the inference which ought to be made from the proved fact is so obvious that the court is convinced that the referee could only have been prevented from drawing it by misapprehending the […]
PETITION OF MORIN, 95 N.H. 518 (1949)
68 A.2d 668 PETITION OF JOSEPH E. MORIN a. No. 3834.Supreme Court of New Hampshire Hillsborough. Decided October 3, 1949. The statute (R. L., c. 132) providing that it delinquent child may be committed to the industrial school or made subject to “such orders as to care, custody and probation its justice and the welfare […]
HOLT v. HOLT, 58 N.H. 276 (1878)
HOLT v. HOLT. Supreme Court of New Hampshire Cheshire. Decided March, 1878. If A, at an agreed price, let B take a watch to sell, upon the condition that it is to remain A’s till paid for or sold, the title does not pass from A until one of the contingencies occurs. TROVER, for a […]
SALISBURY v. LOWE, 140 N.H. 82 (1995)
663 A.2d 611 GERALD R. SALISBURY v. PAUL G. LOWE AND ABSOLUTE TECHNOLOGY, INC. No. 93-722Supreme Court of New Hampshire Hillsborough-northern judicial district Decided August 1, 1995 1. Trusts — Constructive Trusts — Generally Imposition of constructive trust is appropriate when plaintiff produces clear and convincing evidence that property has been transferred by one person […]
SMITH v. CUSHMAN, 59 N.H. 27 (1879)
SMITH a. v. CUSHMAN. Supreme Court of New Hampshire Rockingham. Decided June, 1879. Office copies of deeds containing an exception or reservation of a way, claimed by either party, may be used in evidence when they make a part of his chain of title to the way. A deed which contains a description of a […]
STATE v. RAILWAY, 84 N.H. 313 (1930)
150 A. 14 STATE v. BERLIN STREET RAILWAY. Supreme Court of New Hampshire Coos. Decided April 1, 1930. The general exemption from taxation of all street railways which are unable to earn operating expenses and fixed charges etc. as provided in P. L., c. 69, ss. 28-31 does not confer a gratuity upon any particular […]
DIMARCO v. SMITH, 90 N.H. 378 (1939)
9 A.2d 512 CORRADINA DIMARCO v. EARL F. SMITH. No. 3107.Supreme Court of New Hampshire Cheshire. Decided November 7, 1939. A party obtaining a responsive answer to his question ordinarily waives objection by the very asking of it. The incidental and unavoidable mention of the defendant’s liability insurance in the course of a trial for […]
HARDY v. RAILWAY, 77 N.H. 21 (1913)
86 A. 257 CHARLES H. HARDY v. MANCHESTER STREET RAILWAY. Supreme Court of New Hampshire Merrimack. Decided March 4, 1913. Evidence that the defendant in an action for negligence could and the plaintiff could not have avoided an accident by the exercise of ordinary care warrants a submission of the issue of liability to the […]
TAFT v. BARRETT, 58 N.H. 447 (1878)
TAFT v. BARRETT. Supreme Court of New Hampshire Hillsborough. Decided August, 1878. A record of the return of a sale of land for non-payment of taxes may be amended so as to conform to the facts; and such amendment may be made without terms, against one who bought the land after the assessment and before […]
STATE v. FENNELL, 133 N.H. 402 (1990)
578 A.2d 329 THE STATE OF NEW HAMPSHIRE v. EDWARD FENNELL, JR. No. 89-275Supreme Court of New Hampshire Belknap Decided July 18, 1990 1. Constitutional Law — Right to Effective Counsel — Standard of Competence Standard for attorney performance under both State and Federal Constitutions is reasonably effective assistance. U.S. CONST. amends. VI, XIV; N.H. […]
SOCIETY v. SOCIETY, 61 N.H. 384 (1881)
TRINITARIAN CONGREGATIONAL SOCIETY IN FRANCESTOWN v. UNION CONGREGATIONAL SOCIETY IN FRANCESTOWN. Supreme Court of New Hampshire Hillsborough. Decided December, 1881. Section 17, c. 154, Gen. Laws, does not authorize a religious society owning pews in a meeting-house to maintain a bill in equity against a religious society owning the house, for a sale of the […]
STATE v. PANZERA, 139 N.H. 235 (1994)
652 A.2d 136 THE STATE OF NEW HAMPSHIRE v. WALTER PANZERA No. 91-060Supreme Court of New Hampshire Hillsborough Decided December 27, 1994 1. Constitutional Law — Due Process — Right to Counsel The New Hampshire and Federal Constitutions guarantee a defendant facing criminal prosecution both the right to counsel and the right to proceed pro […]
BALKE v. CITY OF MANCHESTER, 150 N.H. 69 (2003)
834 A.2d 306 JUNE BALKE a. v. CITY OF MANCHESTER. No. 2002-469.Supreme Court of New Hampshire Hillsborough-northern Judicial DistrictArgued: May 8, 2003. Opinion Issued: September 30, 2003. 1. Waters — Generally — Public Water Supply Use of the word “municipality” in the statute governing the introduction of fluorine into water from which a domestic water […]
HOPKINS v. DEERING, 71 N.H. 353 (1902)
52 A. 75 HOPKINS v. DEERING. Supreme Court of New Hampshire Coos. Decided April 1, 1902. In an action of trespass quare clausum, the question whether title has been acquired by adverse possession is properly submitted to the jury where the evidence tends to show that the defendant and his ancestor in title have been […]
SILVA v. WARDEN, N.H. STATE PRISON, 150 N.H. 372 (2003)
839 A.2d 4 EDWARD SILVA v. WARDEN, NEW HAMPSHIRE STATE PRISON a. No. 2003-196.Supreme Court of New Hampshire MerrimackArgued: November 6, 2003. Opinion Issued: December 24, 2003. 1. Dismissal — Practice and Procedure — Review The standard of review in considering a motion to dismiss is whether the plaintiff’s allegations are reasonably susceptible of a […]
UPTON v. WHITE, 92 N.H. 221 (1942)
29 A.2d 126 ROBERT W. UPTON, Trustee v. D. WALDO WHITE a. No. 3353.Supreme Court of New Hampshire Merrimack. Decided November 4, 1942. A devise in trust gave testator’s son a life interest, and, on his death, leaving no widow or issue, directed the trustee to pay over the estate then in his hands in […]
STATE v. ADELSON, 118 N.H. 484 (1978)
389 A.2d 1382 THE STATE OF NEW HAMPSHIRE v. LEONARD ADELSON No. 78-039Supreme Court of New Hampshire Rockingham Decided June 27, 1978 1. Criminal Law — State’s Burden of Proof — Generally The law requires the State to prove beyond a reasonable doubt every element of the crime charged. 2. Unemployment Compensation — Burden of […]
HOGAN v. ROBERT H. IRWIN MOTORS, INC., 121 N.H. 737 (1981)
433 A.2d 1322 C. EDGAR HOGAN v. ROBERT H. IRWIN MOTORS, INC. No. 80-345Supreme Court of New Hampshire Belknap Decided August 10, 1981 1. Malicious Prosecution — Elements To succeed in action for malicious prosecution, plaintiff must prove that he was subjected to criminal prosecution instituted by defendant without probable cause and with malice, and […]
LOWELL v. FIRST CHURCH OF CHRIST, 101 N.H. 363 (1958)
143 A.2d 671 LINWOOD LOWELL v. FIRST CHURCH OF CHRIST, SCIENTIST a. No. 4656.Supreme Court of New Hampshire Merrimack.Argued June 3, 1958. Decided July 1, 1958. 1. The provision in a lease of real estate that “for the consideration aforesaid” the lessor covenants “that she will not sell or assign . . . [the premises] […]
STATE v. WESTOVER, 140 N.H. 375 (1995)
666 A.2d 1344 THE STATE OF NEW HAMPSHIRE v. DANIEL WESTOVER No. 94-064Supreme Court of New Hampshire Lebanon District Court Decided October 31, 1995 1. Criminal Law — Right to Counsel — Appointed Counsel Defendant did not have right to appointed counsel for his class B misdemeanor appeal because maximum fine for offense was $1,200 […]
STATE v. WOOD, 132 N.H. 162 (1989)
562 A.2d 1312 THE STATE OF NEW HAMPSHIRE v. MICHAEL WOOD No. 88-258Supreme Court of New Hampshire Hillsborough Decided August 23, 1989 1. Trial — Instructions — Discretion of Court The scope and wording of jury instructions is generally within the sound discretion of the trial court. 2. Trial — Instructions — Review Propriety of […]
PLYMOUTH c. CO. v. STATE, 81 N.H. 1 (1923)
120 A. 689 PLYMOUTH ELECTRIC LIGHT COMPANY v. STATE. Supreme Court of New Hampshire Decided April 3, 1923. The rates allowed by the commission are not competent evidence of the value of the property for the purpose of fixing rates. Under Laws 1913, c. 145, s. 22 (e), an order of the public service commission […]
DAY v. WASHBURN, 76 N.H. 203 (1911)
81 A. 474 DAY v. WASHBURN, Adm’r, a. Supreme Court of New Hampshire Grafton. Decided October 3, 1911. An agreement to will an entire estate in consideration of services to be performed by the promisee is enforceable against the promisor’s administrator; and in an action for breach of such contract, the measure of damages is […]
RICHARDSON v. TOWN OF SALISBURY, 123 N.H. 93 (1983)
455 A.2d 1059 PHILIP RICHARDSON a. v. TOWN OF SALISBURY No. 82-235Supreme Court of New Hampshire Merrimack Decided January 26, 1983 1. Zoning — Appeals From Board of Adjustment — Findings of Fact The factual findings of a zoning board of adjustment are deemed prima facie lawful and reasonable on appeal. RSA 31:78 (Supp. 1981). […]
FELLOWS v. JUDGE, 72 N.H. 466 (1904)
57 A. 653 FELLOWS v. JUDGE. Supreme Court of New Hampshire Hillsborough. Decided March 1, 1904. A purchaser who rescinds a contract of sale for fraud on the part of the vendor, returns the property, and brings an action for deceit, may amend the writ by adding a count for money had and received, and […]
STATE v. McKENNEY, 126 N.H. 184 (1985)
489 A.2d 644 THE STATE OF NEW HAMPSHIRE v. QUENTIN McKENNEY No. 84-086Supreme Court of New Hampshire Rochester District Court Decided March 1, 1985 1. Statutes — Construction and Application — Retrospective Operation A penal statute may not be applied to impose or enhance punishment for acts committed before the statute’s enactment. N.H. CONST. pt. […]
STATE v. MARCONI, 113 N.H. 426 (1973)
309 A.2d 505 STATE OF NEW HAMPSHIRE v. WILLIAM MARCONI a. No. 6255Supreme Court of New Hampshire Rockingham Decided August 27, 1973 1. Fourth amendment to the United States Constitution does not bar reasonable inspection of lobster boats operated under license from the State. 2. The defendants’ dumping overboard of a basket of lobsters in […]
COHN v. SAIDEL, 71 N.H. 558 (1902)
53 A. 800 COHN v. SAIDEL a. SAME v. SAME. Supreme Court of New Hampshire Merrimack. Decided December 4, 1902. In an action for malicious prosecution, the question of malice is one exclusively the jury, as is also the question of probable cause, so far as it is dependent upon the credibility of the evidence. […]
STATE v. ALMODOVAR, 145 N.H. 541 (2000)
765 A.2d 150 The State of New Hampshire v. Angel Almodovar No. 99-506Supreme Court of New Hampshire Grafton Decided December 21, 2000 1. Probation and Parole — Probation — Revocation Trial court did not err in revoking defendant’s probation, since record supported finding that defendant failed to make reasonable efforts to remain in sex offender […]
SNOW v. DURGIN, 70 N.H. 121 (1899)
47 A. 89 SNOW, Trustee, v. Durgin a. Supreme Court of New Hampshire Carroll. Decided December, 1899. Where a will provides that the income of a residuary estate shall be applied for ten years “for the relief of the most destitute of any relatives, not to extend beyond the children of my brothers and sisters […]
ROWE v. CITY OF PORTSMOUTH, 122 N.H. 146 (1982)
441 A.2d 1181 MELVIN ROWE v. CITY OF PORTSMOUTH No. 81-155Supreme Court of New Hampshire Rockingham Decided February 19, 1982 1. Workmen’s Compensation — Injuries in Course of and Arising Out of Employment — Heart Attacks Heart-related conditions can result in compensable injuries under the Workmen’s Compensation Law. RSA ch. 281. 2. Appeal and Error […]
STATE v. BELISLE, 79 N.H. 444 (1920)
111 A. 316 STATE v. ALEXANDER BELISLE. SAME v. WALTER LYMAN. Supreme Court of New Hampshire Rockingham. Decided June 25, 1920. Upon trial of an indictment for assault and battery, evidence of the respondent’s disposition, character and reputation are admissible as tending to show the reasonableness of the apprehension that he would make an attack […]
KIBBY v. ANTHONY INDUSTRIES, INC., 123 N.H. 272 (1983)
459 A.2d 292 RICHARD C. KIBBY a. v. ANTHONY INDUSTRIES, INC. No. 82-335Supreme Court of New Hampshire Merrimack Decided April 29, 1983 1. Courts — Jurisdiction — In Personam Jurisdiction On a motion to dismiss, the plaintiffs’ pleadings and all reasonable inferences therefrom are to be taken as true and construed most favorably to the […]
PHILLIPS v. RAILROAD, 81 N.H. 483 (1925)
128 A. 809 JAMES F. PHILLIPS, Adm’r, v. BOSTON MAINE RAILROAD. EDWARD F. QUALTERS, Adm’r, v. SAME. Supreme Court of New Hampshire Cheshire. Decided February 3, 1925. Positive testimony to the occurrence of a fact by persons in position to observe it does not necessarily so outweigh the negative testimony of persons also in a […]
EXETER v. KENICK, 104 N.H. 168 (1962)
181 A.2d 638 EXETER v. JOSEPH L. KENICK, JR. a. No. 5027.Supreme Court of New Hampshire Rockingham.Argued April 3, 1962. Decided June 5, 1962. 1. Towns are but subdivisions of the State and have only the powers which are granted to them by the State. 2. Any part or all of the local duties and […]
OPINION OF THE JUSTICES, 131 N.H. 443 (1989)
554 A.2d 466 OPINION OF THE JUSTICES. No. 88-468.Supreme Court of New Hampshire Request of Governor and Council. Decided February 10, 1989. 1. Justices of the Peace — Appointment — Requirements Statute providing in part that a person applying to be a justice of the peace shall indicate on the application whether he or she […]
APPEAL OF McKENNEY, 120 N.H. 77 (1980)
412 A.2d 116 APPEAL OF QUENTIN E. McKENNEY, JR. d/b/a ROCHESTER DIAL-A-RIDE (NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION) No. 79-077Supreme Court of New Hampshire Public Utilities Commission Decided February 14, 1980 1. Public Utilities — Judicial Review — Standards The public utilities commission’s findings of fact are deemed prima facie lawful and reasonable, and the ultimate […]
CLEVELAND v. REASBY, 92 N.H. 518 (1943)
33 A.2d 554 NANCY B. CLEVELAND, by her father and next friend v. CHARLES S. REASBY. WALTER A. CLEVELAND v. SAME. No. 3398.Supreme Court of New Hampshire Cheshire. Decided June 25, 1943. In two actions tried together, one by a father, as next friend of his minor child, for physical injuries caused to her by […]
MORRELL v. GOBEIL, 84 N.H. 150 (1929)
147 A. 413 JOSEPH MORRELL, Adm’r v. HENRY GOBEIL. Supreme Court of New Hampshire Merrimack. Decided October 1, 1929. In case for negligently causing death, the disposition of the decedent to earn is a factor to be taken into account in assessing damage to the estate by reason of the loss of the defendant’s earning […]
STATE v. SILK, 138 N.H. 290 (1994)
639 A.2d 243 THE STATE OF NEW HAMPSHIRE v. RONALD W. SILK No. 93-039Supreme Court of New Hampshire Carroll Decided March 15, 1994 1. Appeal and Error — Harmless Error — Burden of Proof On appeal from admission of impermissible evidence in criminal trial, burden is on State to prove harmless error, and this burden […]
STATE v. LOVETT, 116 N.H. 571 (1976)
364 A.2d 880 STATE OF NEW HAMPSHIRE v. WALTER J. LOVETT, JR. No. 7384Supreme Court of New Hampshire Cheshire Decided September 30, 1976 1. No showing of purposeful and systematic exclusion of any cognizable group from pool of prospective jurors or that venire did not represent fair cross section of community was made in defendant’s […]
C-E BLDG. PRODS., INC. v. SEAL-RITE ALUMINUM PRODS., 114 N.H. 150 (1974)
316 A.2d 198 C-E BUILDING PRODUCTS, INC. v. SEAL-RITE ALUMINUM PRODUCTS OF N.H., INC., AND MICHAEL J. DONOVAN No. 6795Supreme Court of New Hampshire Hillsborough Decided February 28, 1974 1. Surety who had guaranteed to pay for goods sold and delivered was not entitled to prevent the entry of a judgment against his bankrupt corporate […]
NEWBURY BANK v. SAYER, 73 N.H. 595 (1906)
64 A. 189 NATIONAL BANK OF NEWBURY v. SAYER. Supreme Court of New Hampshire Grafton. Decided June 5, 1906. In the absence of fraud, a bank check given in discharge of the payee’s claim against a third person, at the latter’s request, is binding upon the maker. One who gives a bank check in payment […]
SEAVEY v. ROBERTS, 63 N.H. 621 (1885)
3 A. 634 SEAVEY, Adm’r, v. ROBERTS, Ap’t. Supreme Court of New Hampshire Strafford. Decided December, 1885. PROBATE APPEAL. BLODGETT, J. The estate of Jewett Wrisley has no claim to the legacy in any view of the case; and this being so, it is obvious that as administrator de bonis non of that estate, the […]
CHELLIS v. GRIMES, 72 N.H. 337 (1903)
56 A. 742 CHELLIS a. v. GRIMES a. Supreme Court of New Hampshire Sullivan. Decided December 1, 1903. A written contract which provides that one party thereto, in consideration of a conveyance of certain real estate by the other, is to erect houses upon lots of land to be selected by the latter from an […]
GUAY v. ASSOCIATION, 87 N.H. 216 (1935)
177 A. 409 J. ABRAHAM GUAY, Ex’r v. BROTHERHOOD BUILDING ASSOCIATION a. Supreme Court of New Hampshire Hillsborough. Decided January 1, 1935. A mortgagor whose property is sold by the mortgagee under a premature or unlawful foreclosure may either have the sale set aside and his property restored where that is practicable or he may […]
HOWE v. PHOFOLOS, 85 N.H. 539 (1932)
161 A. 379 JOSEPH F. HOWE v. BASIL P. PHOFOLOS. Supreme Court of New Hampshire Rockingham. Decided June 23, 1932. The requirement of P. L., c. 103, s. 8 that certain motor vehicles shall be equipped with a mirror does not require more than reasonable care to use it when there is occasion therefor. A […]
CARROLS EQUITIES CORP. v. DELLA JACOVA, 126 N.H. 116 (1985)
489 A.2d 116 CARROLS EQUITIES CORPORATION v. JOHN DELLA JACOVA No. 83-423Supreme Court of New Hampshire Rockingham Decided February 21, 1985 1. Pleading — Amendment — Liberality Where No Prejudice Liberal amendment of pleadings is allowed only if the amendment does not change the cause of action or call for substantially different evidence. 2. Pleading […]
STATE v. FEOLE, 121 N.H. 164 (1981)
427 A.2d 43 THE STATE OF NEW HAMPSHIRE v. JOHN FEOLE No. 80-106Supreme Court of New Hampshire Belknap Decided March 11, 1981 1. Searches and Seizures — Warrantless Searches — Automobiles Where police received phone call from person identifying himself as an employee of a certain restaurant, who expressed fear of imminent robbery and stated […]
BURPEE v. RUSSELL, 64 N.H. 62 (1886)
5 A. 837 BURPEE v. RUSSELL. Supreme Court of New Hampshire Belknap. Decided June, 1886. The assessment of a tax upon land in the actual occupancy of a nonresident owner, who is known to the selectmen, to a former deceased owner, or in his name, is erroneous; and a sale and conveyance of the land […]
CROWLEY v. INSURANCE COMPANY, 100 N.H. 477 (1957)
130 A.2d 276 MARTIN A. CROWLEY d/b/a MARTIN A. CROWLEY TRUCKING v. NEW HAMPSHIRE FIRE INSURANCE COMPANY a. No. 4534.Supreme Court of New Hampshire Merrimack.Argued February 5, 1957. Decided March 26, 1957. In declaratory judgment proceedings to determine the liability of an insurer affording coverage for liability resulting from damage to merchandise caused by overturning […]
PETITION OF CLARK, 122 N.H. 888 (1982)
451 A.2d 1303 PETITION OF HAZEL AND WINSTON CLARK No. 81-370Supreme Court of New Hampshire Original Decided October 14, 1982 1. Constitutional Law — Due Process — Notice and Hearing Before welfare benefits can be reduced or cancelled, a timely and adequate notice stating the reasons for the proposed action must be given to the […]
STATE v. GRONDIN, 132 N.H. 194 (1989)
563 A.2d 435 THE STATE OF NEW HAMPSHIRE v. LEO GRONDIN Nos. 88-320 88-368 88-485Supreme Court of New Hampshire Strafford Decided August 30, 1989 1. Motor Vehicles — Habitual Offender Proceedings — Collateral Challenge Habitual offender statute does not provide for collateral review of an habitual offender order at the behest of a defendant indicted […]
GREENFIELD v. KENNETT, 69 N.H. 419 (1898)
45 A. 233 GREENFIELD, Assignee, v. KENNETT. Supreme Court of New Hampshire Strafford. Decided December, 1898. Whether a portion of a letter offered in evidence contains an offer of compromise, is a question of fact determinable at the trial term. A statement by counsel in his argument to the jury, prejudicial to the adverse party […]
HERSEY v. HUTCHINS, 71 N.H. 458 (1902)
52 A. 862 HERSEY v. HUTCHINS. Supreme Court of New Hampshire Carroll. Decided June 20, 1902. A plaintiff in a writ of entry, who has recovered judgment for the possession of the locus in quo and taxable costs, is not entitled to recover, in a subsequent action for mesne profits, sums paid to attorneys and […]
L’HEUREUX v. DESMARAIS, 89 N.H. 237 (1938)
197 A. 327 ANNA L’HEUREUX v. GEORGE DESMARAIS. Supreme Court of New Hampshire Merrimack. Decided January 4, 1938. The conduct of a pedestrian in crossing an intersection of streets while the traffic signals permit cars to turn the corner and cross her path on a cross-walk is not to be tested merely in the light […]
DIONNE v. CITY OF MANCHESTER, 134 N.H. 225 (1991)
589 A.2d 1016 GERALD C. DIONNE AND GERALDINE T. DIONNE v. CITY OF MANCHESTER No. 90-243Supreme Court of New Hampshire Hillsborough Decided May 3, 1991 1. Statutes — Construction and Application — Legislative Intent Supreme court is the final arbiter of the intent of the legislature as expressed in the words of a statute considered […]
DAVIS v. DYER, 56 N.H. 143 (1875)
DAVIS v. DYER. Supreme Court of New Hampshire FROM GRAFTON CIRCUIT COURT. Decided August 13, 1875. Statute of Limitations — Estoppel in pais. In 1864 the plaintiff and defendants referred all accounts, claims, and demands existing between them to arbitration by a written submission. The time for making an award was enlarged by agreements written […]
TILTON v. SOCIETY, 60 N.H. 377 (1880)
TILTON, Ex’r, v. THE AMERICAN BIBLE SOCIETY a. Supreme Court of New Hampshire Grafton. Decided December, 1880. A legacy being given to “the Bible Society,” and there being several Bible societies in existence when the will was made, the society intended by the testator may be identified by extraneous evidence. And evidence that a contribution […]