92 A. 163 STATE v. JOSEPH SALVAIL a. Supreme Court of New Hampshire Rockingham. Decided October 6, 1914. In an action upon a liquor dealer’s bond, the state is entitled to a verdict upon proof that any provision of the license act was violated at the place designated in the license. It is no defence […]
Category: New Hampshire Court Opinions
STATE v. HALE, 136 N.H. 42 (1992)
611 A.2d 630 THE STATE OF NEW HAMPSHIRE v. DAVID M. HALE No. 90-470Supreme Court of New Hampshire Grafton Decided July 27, 1992 1. Pleading — Motion To Suppress — Sufficiency Superior court motions to suppress evidence are governed in first instance by rule that such motions shall set forth all facts and grounds upon […]
STATE v. FISH, 142 N.H. 524 (1997)
703 A.2d 1377 THE STATE OF NEW HAMPSHIRE v. ARNOLD FISH AND HEATHER MATSON No. 96-826Supreme Court of New Hampshire Cheshire Decided December 30, 1997 1. Search and Seizure — Generally — Constitutional Provisions As the requirement for probable cause under N.H. Const. pt. I, art. 19 is at least equal to that under U.S. […]
WARDE v. MANCHESTER, 56 N.H. 508 (1876)
WARDE v. MANCHESTER. Supreme Court of New Hampshire HILLSBOROUGH COUNTY. Decided March 21, 1876. Lands and buildings used exclusively for the purposes of an academy or seminary for the instruction of females, agreeably to the faith and practice of the Roman Catholic church, and for dormitories and convenient out-buildings in connection therewith, are exempted from […]
ROSS v. BURNHAM, 91 N.H. 80 (1940)
13 A.2d 733 GEORGE ROSS v. CHESTER H. BURNHAM. SAME v. RODERIQUE DESHARNAIS. SAME v. RAYMOND DESHARNAIS. SAME v. DONALD W. FISH. FERNANDE ROSS v. CHESTER H. BURNHAM. SAME v. RAYMOND G. DESHARNAIS. SAME v. DONALD W. FISH. LACONIA PLUMBING HEATING SUPPLY CO., INC. v. RAYMOND G. DESHARNAIS. CHESTER H. BURNHAM v. RODERIQUE DESHARNAIS. SAME […]
WORTHEN v. RAILROAD, 77 N.H. 520 (1915)
93 A. 1036 JOSEPH W[.] WORTHEN, Adm’r, v. NEW YORK CENTRAL HUDSON RIVER RAILROAD. Supreme Court of New Hampshire Merrimack. Decided April 6, 1915. The defendant in an action for wrongful death, brought by an administrator appointed for the sole purpose of instituting such suit, is not entitled to appeal from the decree of the […]
CAPLAN v. CAPLAN, 83 N.H. 318 (1928)
142 A. 121 DORA CAPLAN v. LENA CAPLAN a. Supreme Court of New Hampshire Grafton. Decided May 1, 1928. A husband is not liable for his wife’s torts, though committed in his presence and without his objection; she is now exclusively liable for her own torts (P. L., c. 288, s. 2) and marriage no […]
MANCHESTER v. DUGGAN, 75 N.H. 33 (1908)
70 A. 1075 MANCHESTER v. DUGGAN Supreme Court of New Hampshire Rockingham. Decided October 6, 1908. A party who procures an instruction which expressly excludes the consideration of incompetent evidence thereby waives his exception to its admission. A defendant in a writ of entry who relies upon his adverse possession of the premises is not […]
OPINION OF THE JUSTICES, 111 N.H. 206 (1971)
278 A.2d 348 OPINION OF THE JUSTICES. No. 6264.Supreme Court of New Hampshire Request of House of Representatives. Decided June 11, 1971. 1. Because of the requirements of uniformity and proportionality contained in part II, article 5 of the State Constitution, a constitutional amendment is a prerequisite to the enactment of a constitutional statute providing […]
GOSLIN v. TOWN OF FARMINGTON, 132 N.H. 48 (1989)
561 A.2d 507 RANDALL GOSLIN AND DONNA GOSLIN v. TOWN OF FARMINGTON No. 88-333Supreme Court of New Hampshire Strafford Decided July 27, 1989 1. Zoning — Variances — Requisites To obtain a variance, plaintiffs have to demonstrate to the zoning board of adjustment that: (1) denying the variance would impose on them an unnecessary hardship; […]
APPEAL OF SULLIVAN COUNTY NURSING HOME, 133 N.H. 389 (1990)
578 A.2d 325 APPEAL OF SULLIVAN COUNTY NURSING HOME (New Hampshire Public Employee Labor Relations Board) No. 89-132Supreme Court of New Hampshire Public Employee Labor Relations Board Decided July 18, 1990 1. Public Employees — Public Employee Labor Relations Board — Abuse of Discretion While public employee labor relations board (PELRB) generally has discretion to […]
FLANDERS v. GREELY, 64 N.H. 357 (1887)
10 A. 686 FLANDERS v. GREELY a. Supreme Court of New Hampshire Merrimack. Decided June, 1887. A vested remainder may be conveyed in mortgage. BILL IN EQUITY, to foreclose a mortgage given by Simon Greely, one of the defendants, to the plaintiff, April 3, 1867, to secure a note for $59.55, dated January 1, 1861. […]
BARR v. STEVENS, 79 N.H. 192 (1919)
106 A. 483 ALBERT T. BARR v. CHARLES W. STEVENS. Supreme Court of New Hampshire Hillsborough. Decided April 1, 1919. Under Laws 1897, c. 78, s. 18 and Laws 1915, c. 119, a ballot containing a cross in a party circle above the names of the three candidates for county commissioner printed thereunder, A, B […]
BRIDGHAM v. KEENE, 112 N.H. 84 (1972)
289 A.2d 392 WILLIAM T. BRIDGHAM a. v. CITY OF KEENE a. No. 6095.Supreme Court of New Hampshire Cheshire. Decided March 31, 1972. 1. RSA ch. 49-A does not require that a proposed city charter be published in a medium of general circulation. 2. A charter commission report and proposed charter recommendations filed with a […]
MURPHY v. McQUADE REALTY, INC., 122 N.H. 314 (1982)
444 A.2d 530 THOMAS J. MURPHY, JR., a. v. McQUADE REALTY, INC. No. 81-255Supreme Court of New Hampshire Strafford Decided April 2, 1982 1. Injunction — Standards for Granting — Generally The issuance of injunctions, either temporary or permanent, has long been considered an extraordinary remedy. 2. Injunction — Standards for Granting — Immediate Threat […]
KEENE v. PARENTEAU, 99 N.H. 415 (1955)
112 A.2d 667 KEENE v. ANTOINETTE PARENTEAU. ANTOINETTE PARENTEAU v. KEENE a. No. 4380.Supreme Court of New Hampshire Cheshire.Argued March 1, 1955. Decided March 25, 1955. In a zoning appeal from the decision of the city council denying the plaintiff’s petition for amendment of the ordinance, the evidence warranted the Trial Court’s findings and rulings […]
TURGEON v. CITY OF SOMERSWORTH, 116 N.H. 338 (1976)
358 A.2d 672 GERARD TURGEON a. v. CITY OF SOMERSWORTH No. 7431Supreme Court of New Hampshire Strafford Decided May 29, 1976 1. Fee simple interest in land owned by city under plaintiffs’ warranty deeds containing no restrictive covenants or other conditions was not converted to a determinable fee by the city’s abandonment of the purpose […]
PERKINS v. QUINT, 69 N.H. 428 (1898)
45 A. 143 PERKINS v. QUINT. HOBSON (PERKINS, Plff. in Int.) v. SAME. Supreme Court of New Hampshire Carroll. Decided December 1898. Jurisdiction of claims against an insolvent debtor, acquired by the probate court upon institution of insolvency proceedings, is not affected by a subsequent assignment to a non-resident; and a discharge of the debtor […]
DEMERS v. BISBEE, 106 N.H. 354 (1965)
211 A.2d 416 EDWARD DEMERS a. v. KENNETH BISBEE a. No. 5332.Supreme Court of New Hampshire Coos.Argued April 7, 1965. Decided June 30, 1965. 1. In an action against a sheriff for default in serving process delivered to him it must be alleged that there was a cause of action against the defendant named in […]
MURPHY v. HILL, 68 N.H. 544 (1896)
44 A. 703 MURPHY v. HILL a. Supreme Court of New Hampshire Merrimack. Decided June, 1896. A lien secured by attachment is lost by a failure to levy within thirty days from judgment duly entered without fraud or mistake, and is not revived by a vacation of the original judgment and the rendition of it […]
THYNG v. MOSES, 65 N.H. 106 (1889)
18 A. 197 THYNG, Trustee, v. MOSES a. Supreme Court of New Hampshire Rockingham. Decided June, 1889. Ordinarily the beneficiaries under a will are entitled to their respective shares of the estate as soon as they can be determined; and it is not necessary to wait before distribution until other trusts created by the will […]
LEGERE v. COMPANY, 89 N.H. 423 (1938)
200 A. 394, 1 A.2d 924 ARTHUR LEGERE v. NEW ENGLAND FURNITURE CO. CLARIDA FONTAINE v. SAME. Supreme Court of New Hampshire Coos. Decided June 1, 1938. The last clear chance doctrine is inapplicable where the evidence does not permit the finding that the defendant was aware that he alone could take saving action. Such […]
KING-JENNINGS v. LIBERTY MUT. INS. CO., 144 N.H. 559 (1999)
744 A.2d 607 DARLENE KING-JENNINGS, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF AUSTIN D. JENNINGS AND HALLIE S. JENNINGS v. LIBERTY MUTUAL INSURANCE COMPANY No. 98-033Supreme Court of New Hampshire Grafton Decided December 29, 1999 1. Insurance — Policies — Construction Taking plain and ordinary meaning of insurance policy’s words in context, court construes […]
DAVIS v. OSGOOD, 69 N.H. 427 (1898)
44 A. 432 DAVIS v. OSGOOD. Supreme Court of New Hampshire Carroll. Decided December 1898. The lien of a conditional vendor is not enforceable in this state if invalid by the law of the state where the sale was made. TROVER. Facts found by the court. The plaintiff, at Ellsworth, Maine, sold and delivered to […]
STATE v. TREMPE, 140 N.H. 95 (1995)
663 A.2d 620 THE STATE OF NEW HAMPSHIRE v. THOMAS TREMPE No. 94-025Supreme Court of New Hampshire Hillsborough-southern judicial district Decided August 4, 1995 1. Evidence — Burden of Proof — Generally The defendant has the burden to demonstrate that the trial court’s discretionary ruling is clearly untenable or unreasonable to the prejudice of his […]
GERRY v. NEUGEBAUER, 83 N.H. 23 (1927)
136 A. 751 JAMES W. GERRY v. VICTOR NEUGEBAUER. Supreme Court of New Hampshire Merrimack. Decided March 15, 1927. No particular formula is essential to saving an exception to a ruling if it appears from the whole record that the court and counsel understood that an exception was allowed. If prejudicial evidence is offered, objection […]
CABLE v. DONAHUE HAMLIN, INC., 85 N.H. 258 (1931)
161 A. 383 ALICE H. CABLE v. DONAHUE HAMLIN, INC. FREDERICK W. CABLE v. SAME. Supreme Court of New Hampshire Carroll. Decided December 1, 1931. An invitation to use the premises of a landowner extends to such parts thereof as he ought in reason to understand that the invitee will believe is for his use; […]
STATE v. ROACHE, 148 N.H. 45 (2002)
803 A.2d 572 THE STATE OF NEW HAMPSHIRE v. DONALD ROACHE No. 2001-262Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued March 6, 2002 Opinion Issued July 15, 2002 1. Criminal Law — Miranda Warning — Generally When a person is taken into custody or deprived of his freedom in any significant way, prior to interrogating […]
WATKINS CO. v. PETERSON EXPRESS, 88 N.H. 476 (1936)
188 A. 461 JAMES E. WATKINS CO. INC. v. PETERSON MOTOR EXPRESS. Supreme Court of New Hampshire Strafford. Decided December 1, 1936. CASE, for negligence in damaging the plaintiff’s truck. The trial resulted in a plaintiff’s verdict. On the issue of damages the court permitted a witness to state his opinion of the value of […]
STATE v. AUBERT, 120 N.H. 634 (1980)
421 A.2d 124 THE STATE OF NEW HAMPSHIRE v. JEAN M. AUBERT No. 80-005Supreme Court of New Hampshire Strafford Decided September 17, 1980 1. Trial — Instructions — Requests A requested charge on a party’s theory of defense must be given if such theory is supported by some evidence; refusal to charge on that defense […]
KBW, INC. v. BENNINGTON, 115 N.H. 392 (1975)
342 A.2d 653 KBW, INC. v. TOWN OF BENNINGTON No. 6901Supreme Court of New Hampshire Hillsborough Decided July 31, 1975 1. Planning board’s authority under RSA 36:21-22 was not limited to consideration of streets within proposed subdivision, but extended to off-site improvements and obligations necessitated by proposal. 2. Subdivision regulation requiring developers to improve existing […]
SALOSHIN v. HOULE, 85 N.H. 126 (1931)
155 A. 47 LILLIAN SALOSHIN, Adm’x, v. ZOEL A. HOULE. Supreme Court of New Hampshire Rockingham. Decided May 4, 1931. To construe and determine foreign law is an exercise of the judicial function and such law is a matter of fact only in the sense that it must be proved, as facts are proved, by […]
MAVERICK OIL COMPANY v. HANSON, 67 N.H. 203 (1892)
29 A. 461 MAVERICK OIL COMPANY v. HANSON a. Supreme Court of New Hampshire Strafford. Decided June, 1892. A petition for a mandamus is not the proper process for the removal of an oil inspector from office on the alleged ground of his ineligibility. PETITION for a mandamus to restrain Hanson from exercising the duties […]
IN RE STAPLETON STAPLETON, 159 N.H. 689 (2010)
LAND AMERICA COMMONWEALTH TITLE INSURANCE COMPANY v. DOROTHY KOLOZETSKI. No. 2008-858.Supreme Court of New Hampshire. Sullivan.Argued: September 23, 2009. Opinion Issued: January 29, 2010. 1. Divorce — Temporary Orders — RestrainingOrders A non-hypothecation order, with limited exceptions, enjoins any party from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property until the […]
KENDALL v. PICKARD, 67 N.H. 470 (1893)
32 A. 763 KENDALL v. PICKARD. RICHARDS v. ” BROWN v. ” TUCKER v. ” CLARK v. ” FIPPHEN v. “ Supreme Court of New Hampshire Hillsborough. Decided June, 1893. Builders’ liens, under P. S., c. 141, ss. 10-17, have precedence in the order of their accrual, and, if they accrue simultaneously, in the order […]
MURPHY v. GRANZ, 91 N.H. 244 (1941)
17 A.2d 449 HELEN D. MURPHY, Adm’x v. HENRY F. GRANZ. No. 3192.Supreme Court of New Hampshire Hillsborough. Decided January 7, 1941. A pedestrian walking by night on a highway along the right hand traffic lane and following the course of traffic, some times walking in the middle of the road, at other times in […]
DUPONT v. SULLIVAN, 104 N.H. 36 (1962)
177 A.2d 389 JEANETTE DUPONT v. JOHN R. SULLIVAN, JR. No. 5014.Supreme Court of New Hampshire Hillsborough.Argued January 3, 1962. Decided January 29, 1962. 1. In an action to recover damages arising out of a collision on a slippery highway in a snow storm in which defendant testified his motor vehicle skidded downgrade across the […]
MOSES v. CRAIG, 77 N.H. 586 (1915)
95 A. 148 WILLIAM H. MOSES v. GEORGE C. CRAIG. Supreme Court of New Hampshire Grafton. Decided June 26, 1915. Whether a party has been guilty of misconduct which requires the withdrawal of a case from the jury and its continuance to the next term is a question determinable by the trial court. Where a […]
STATE v. HAZEN, 131 N.H. 196 (1988)
552 A.2d 77 THE STATE OF NEW HAMPSHIRE v. CARROLL HAZEN No. 87-289Supreme Court of New Hampshire Hillsborough Decided December 9, 1988 1. Searches and Seizures — Probable Cause — Informants Totality-of-the-circumstances test, similar to the one adopted by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 (1983), is the appropriate […]
PEERLESS INSURANCE CO. v. CLOUGH, 105 N.H. 76 (1963)
193 A.2d 444 PEERLESS INSURANCE COMPANY v. HAROLD CLOUGH a. No. 5106.Supreme Court of New Hampshire Belknap.Argued May 7, 1963. Decided July 30, 1963. 1. Under a schedule general liability policy where the event insured against was “destruction of property” and the policy specifically provided that it applied “only to occurrences during the policy period” […]
STATE v. PHILBROOK, 138 N.H. 601 (1994)
644 A.2d 66 THE STATE OF NEW HAMPSHIRE v. FRANK PHILBROOK No. 93-490Supreme Court of New Hampshire Strafford Decided June 27, 1994 1. Evidence — Relevance — Circumstantial Evidence Evidence of post-offense flight may be probative on issue of defendant’s consciousness of guilt. N.H. R. Ev. 401. 2. Evidence — Relevance — Review Trial court’s […]
GIROUX v. INSURANCE CO., 85 N.H. 355 (1932)
159 A. 142 DORILLA GIROUX v. THE NEW YORK LIFE INSURANCE COMPANY. Supreme Court of New Hampshire Hillsborough. Decided February 2, 1932. In assumpsit on a life policy, statements by the claimant in a proof of death are admissible as admissions; but they are not conclusive and are open to explanation and correction where no […]
HILLS v. BAKER, 59 N.H. 514 (1880)
HILLS, Ex’r, Ap’t, v. BAKER. Supreme Court of New Hampshire Rockingham. Decided June, 1880. Where an executor appealed from a decree of the probate court directing him to pay over the balance found in his hands on settlement of his administration account to the residuary legatee, who desired no further administration, and no other person […]
OSGOOD v. JONES, 60 N.H. 282 (1880)
OSGOOD v. JONES. Supreme Court of New Hampshire Merrimack. Decided December, 1880. The provision of Laws of 1878, c. 23; s. 3 (G. L., c. 24, s. 5), requiring the returns of votes for county officers to be made to and examined by the supreme court at its law term, did not in any way […]
INDIAN HEAD NAT. BANK v. RAWLS, 105 N.H. 142 (1963)
194 A.2d 767 INDIAN HEAD NATIONAL BANK a. v. CAROLYN GREGG RAWLS a. No. 5162.Supreme Court of New Hampshire Hillsborough.Argued October 2, 1963. Decided November 5, 1963. 1. The nature and extent of the interest given to trust beneficiaries is to be determined from the whole instrument and not from an isolated phrase or clause […]
KEEFE v. RAILROAD, 63 N.H. 271 (1884)
KEEFE v. THE SULLIVAN COUNTY RAILROAD. Supreme Court of New Hampshire Cheshire. Decided December, 1884. A provision in the charter of a railroad corporation, that the road shall be so constructed as not to obstruct the safe and convenient use of any private way which it crosses, imposes upon the corporation the duty of maintaining […]
LADD v. LADD, 75 N.H. 371 (1909)
74 A. 1045 LADD a., Trustees, v. LADD a. Supreme Court of New Hampshire Rockingham. Decided December 7, 1909. A trust created by will may be executed by a majority of the trustees, unless the instrument provides in express terms or by necessary implication that they shall act as a unit. Where trustees under a […]
STATE v. MELCHER, 140 N.H. 823 (1996)
678 A.2d 146 THE STATE OF NEW HAMPSHIRE v. JOHN MELCHER No. 95-369Supreme Court of New Hampshire Strafford Decided May 8, 1996 1. Offenses — Sexual Offenses — Elements of Crime Sexual penetration is a material element of any aggravated felonious sexual assault offense under RSA 632-A:2. 2. Offenses — Sexual Offenses — Elements of […]
STATE v. GUBITOSI, 151 N.H. 764 (2005)
868 A.2d 264 THE STATE OF NEW HAMPSHIRE v. STEVE GUBITOSI. No. 2004-197.Supreme Court of New Hampshire Merrimack.Argued: December 9, 2004. Opinion Issued: March 2, 2005. 1. Criminal Law — Prosecutorial Conduct — Generally To constitute prosecutorial overreaching, the government must, through gross negligence or intentional misconduct, cause aggravated circumstances to develop that seriously prejudice […]
STATE v. GAGNON, 113 N.H. 220 (1973)
306 A.2d 63 STATE OF NEW HAMPSHIRE v. FRANCIS D. GAGNON No. 6205Supreme Court of New Hampshire Hillsborough Decided May 31, 1973 1. Finding that defendant’s plea of guilty was product of a free and rational choice, implied from denial of his motion for leave to withdraw his plea of guilty as involuntarily induced by […]
TRUSTEES OF N.H. CONF. v. SANDOWN, 87 N.H. 47 (1934)
173 A. 805 THE TRUSTEES OF THE NEW HAMPSHIRE CONFERENCE OF THE METHODIST EPISCOPAL CHURCH v. SANDOWN. Supreme Court of New Hampshire Rockingham. Decided June 28, 1934. Real estate devised to trustees of a charitable and religious corporation “to be used as a superannuates’ home” etc., is exempt from taxation under P.L., c. 60, s. […]
PHELAN v. ADAM, 79 N.H. 348 (1920)
108 A. 814 JAMES J. PHELAN a. v. CORDELIA ADAM a. Supreme Court of New Hampshire Coos. Decided January 6, 1920. The right to specific performance of a promise to make a deed of gift of land on the ground of part performance is a “legal title” within the meaning of the statute of betterments. […]
AMHERST v. GILROY, 157 N.H. 275 (2008)
TOWN OF AMHERST v. ROSEMARY A. GILROY. No. 2006-694.Supreme Court of New Hampshire. Milford District Court.Submitted: April 30, 2008. Opinion Issued: May 20, 2008. 1. Zoning and Planning — Administration andEnforcement — Procedure Where a property owner indisputably received notice of a hearing on a writ against her, alleging that she had maintained a non-conforming […]
STATE v. HOOD, 141 N.H. 196 (1996)
679 A.2d 594 THE STATE OF NEW HAMPSHIRE v. PHILIP G. HOOD No. 95-063Supreme Court of New Hampshire Rockingham Decided July 16, 1996 Arrest — Without Warrant — Reasonable Cause Where an informant’s tip that defendant was distributing drugs was reliable and contained accurate details and where the police corroborated important elements of the tip […]
IN RE DEBORAH A. STAPLETON, 159 N.H. 694 (2010)
IN THE MATTER OF DEBORAH A. STAPLETON AND JOSEPH E. STAPLETON. No. 2009-013.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: October 8, 2009. Opinion Issued: January 29, 2010. 1. Courts — Judicial Power — Inherent There can be no question of the inherent power of the court to review its own proceedings to correct error […]
APPEAL OF TOCZKO, 136 N.H. 480 (1992)
618 A.2d 800 APPEAL OF GARY M. TOCZKO (New Hampshire Department of Safety) LYNN B. ANNICCHIARICO a. v. THE STATE OF NEW HAMPSHIRE Nos. 90-125 90-251Supreme Court of New Hampshire Department of Safety Merrimack Decided December 18, 1992 1. Administrative Law — Administrative Appeal — Burden of Proof Because petitioners in declaratory judgment action pled […]
PEVEAR v. PEVEAR, 79 N.H. 524 (1919)
107 A. 605 NORRIS B. PEVEAR a. v. LYDIA M. T. PEVEAR. Supreme Court of New Hampshire Rockingham. Decided April 1, 1919. BILL IN EQUITY, to cancel a deed. Trial by jury and verdict for the plaintiff. Two issues were submitted to the jury: (1) was the grantor of sound mind, and (2) was the […]
PERKINS v. PERKINS, 60 N.H. 373 (1880)
BETSEY PERKINS v. MILAN H. PERKINS a. Supreme Court of New Hampshire Sullivan. Decided December, 1880. The mortgagee of land, with the mortgage conditioned for the support of himself and his wife during their joint lives and the life of the survivor, is a trustee for that purpose, and on his death and condition of […]
JACOBS v. STEVENS, 57 N.H. 610 (1876)
JACOBS v. STEVENS. Supreme Court of New Hampshire FROM COOS CIRCUIT COURT. Decided August 11, 1876. The defendant, having been arrested on mesne process upon the usual affidavit for arrest, procured bail, and at the return term appeared in court, where, upon motion, he and his bail were discharged, on the ground that when arrested […]
OPINION OF THE JUSTICES, 123 N.H. 554 (1983)
465 A.2d 484 OPINION OF THE JUSTICES No. 83-239Supreme Court of New Hampshire Request of the Senate Decided August 24, 1983 1. Mental Health — Right to Treatment — Statutes The statute setting forth the rights of mentally ill patients creates a presumption that mentally ill persons who have not been adjudicated incompetent have the […]
STATE v. PRESCOTT, 67 N.H. 203 (1892)
30 A. 342 STATE v. PRESCOTT. Supreme Court of New Hampshire Belknap. Decided June, 1892. An allegation in an indictment that the defendant did “keep for sale one pint of cider,” is equivalent to an allegation that he kept one pint of cider with intent to sell the same. Under the statutory provision (G. L., […]
STATE v. TASCHLER, 116 N.H. 218 (1976)
356 A.2d 697 STATE OF NEW HAMPSHIRE v. GERALD TASCHLER No. 7074Supreme Court of New Hampshire Merrimack Decided April 30, 1976 1. The constitutionality of the statutory jury selection process (RSA ch. 500-A (Supp. 1975)) has been consistently upheld as assuring that the panels of grand jurors and petit jurors are drawn impartially from a […]
STATE v. WARD, 134 N.H. 626 (1991)
595 A.2d 508 THE STATE OF NEW HAMPSHIRE v. JOANNE WARD THE STATE OF NEW HAMPSHIRE v. ROBERT L. PHAIR, JR. Nos. 90-078 90-083Supreme Court of New Hampshire Carroll Decided August 16, 1991 1. Appeal and Error — Verdict — Standard of Review On appeal of criminal conviction, defendants’ burden is to show that no […]
TERREN v. BUTLER, 134 N.H. 635 (1991)
597 A.2d 69 GEORGE E. TERREN AND YACHT CLUB VISTA CONDOMINIUM ASSOCIATION, INTERVENOR v. ELLA MAY BUTLER, ROBERT W. BUTLER AND YACHT CLUB VISTA, INC. No. 89-365Supreme Court of New Hampshire Belknap Decided October 4, 1991 1. Limitation of Actions — Continuing or New Causes of Action The one-year statutory warranty against structural defects in […]
STATE v. ROUSTEN, 84 N.H. 140 (1929)
146 A. 870 STATE v. HASSAN ROUSTEN. Supreme Court of New Hampshire Hillsborough. Decided June 27, 1929. In the trial of an indictment upon P. L., c. 355, s. 7, for preventing an electric meter from registering, certain circumstantial evidence was properly submitted to establish the respondent’s guilt. In such case evidence of the prior […]
STEVENS v. CHASE, 61 N.H. 340 (1881)
STEVENS v. CHASE. Supreme Court of New Hampshire Merrimack. Decided December, 1881. The right of exclusive possession, coupled with an interest or special property in a chattel, is sufficient to maintain replevin for it against one wrongfully taking or detaining it, though a third person has, at the time, a common or sole property in […]
QUIMBY v. WILLIAMS, 67 N.H. 489 (1893)
41 A. 862 QUIMBY v. WILLIAMS a. GOULD v. WILLIAMS a. TIBBETTS v. WILLIAMS a. Supreme Court of New Hampshire Grafton. Decided June, 1893. If a mortgagee, after having assigned the mortgage, receives a conveyance of the mortgaged premises from the mortgagor, agreeing to discharge the latter from liability on the note, the subsequent assent […]
WOODWARD v. JOLBERT, 94 N.H. 324 (1947)
52 A.2d 641 HOWARD T. WOODWARD a. v. VICTOR C. JOLBERT a. No. 3652.Supreme Court of New Hampshire Coos. Decided May 6, 1947. The extent of the court’s supervision over the exercise of discretion by a trustee is limited to the determination of the bounds of reasonableness within which the trustee may act. The discretion […]
RAILROAD v. WOOD, 61 N.H. 418 (1881)
PETERBOROUGH RAILROAD v. WOOD a. Supreme Court of New Hampshire Hillsborough. Decided December, 1881. If parties do not duly request a referee to report the facts found by him proved, his report will not be recommitted for such purpose unless the party asking it show good cause for his delay. A treasurer of a corporation […]
ROY v. DUNN, 106 N.H. 179 (1965)
207 A.2d 434 ARMAND F. ROY v. CHARLES J. DUNN. No. 5314.Supreme Court of New Hampshire Hillsborough.Argued February 3, 1965. Decided February 26, 1965. 1. In an action by a workmen’s compensation claimant against an attorney alleging that such attorney testified falsely in a prior action at law brought by the claimant against his employer […]
CHATMAN v. RAILROAD, 86 N.H. 317 (1933)
167 A. 559 WALTER G. CHATMAN v. MAINE CENTRAL RAILROAD. Supreme Court of New Hampshire Coos. Decided June 29, 1933. A servant does not assume any risks which might be obviated by the exercise of reasonable care on the part of the master unless the servant is chargeable with knowledge of the master’s failure to […]
STATE v. FEE, 126 N.H. 78 (1985)
489 A.2d 606 THE STATE OF NEW HAMPSHIRE v. ROBERT L. FEE No. 84-028Supreme Court of New Hampshire Cheshire Decided February 13, 1985 1. Criminal Law — Defenses — Competing Harms An individual is protected from prosecution for a criminal act under the competing harms defense if he commits a criminal act that was urgently […]
RECONSTRUCTION c. CORP. v. FAULKNER, 100 N.H. 192 (1956)
122 A.2d 263 RECONSTRUCTION FINANCE CORPORATION v. WINTHROP FAULKNER, Ex’r. No. 4471.Supreme Court of New Hampshire Cheshire.Argued April 3, 1956. Decided April 27, 1956. The provisions of the nonclaim statute (RSA 556:1, 3) that “no action shall be sustained against an executor unless the demand has been exhibited to him within one year after the […]
N.H. WATER RES. COUNCIL v. STEELS POND HYDRO, 151 N.H. 214 (2004)
855 A.2d 541 NEW HAMPSHIRE WATER RESOURCES COUNCIL v. STEELS POND HYDRO, INC. a. Nos. 2003-669, 2003-689.Supreme Court of New Hampshire Merrimack.Argued: May 12, 2004. Opinion Issued: June 30, 2004. 1. Landlord and Tenant — Lease Agreement — Particular Provisions Where leases by plaintiff of dams used by defendants for hydroelectricity production provided for a […]
SHERIS v. THOMPSON, 111 N.H. 328 (1971)
295 A.2d 268 EDWARD SHERIS v. ARCHIE THOMPSON a. No. 6080.Supreme Court of New Hampshire Hillsborough. Decided November 2, 1971. 1. A master’s findings that the easterly boundary of land claimed by the plaintiff ran to an inscribed rock at a river as the terminus and the defendant’s properties were not within that boundary were […]
STATE v. SHAHEEN, 81 N.H. 194 (1924)
123 A. 223 STATE v. MARY SHAHEEN. Supreme Court of New Hampshire Strafford. Decided January 1, 1924. Where two counts in an indictment relate to parts of one continuing offense, there is no duplicity; and if the counts constitute different offenses arising out of the same transaction, there is no error of law in permitting […]
STATE v. KNOWLES, 132 N.H. 130 (1989)
562 A.2d 185 THE STATE OF NEW HAMPSHIRE v. DAVID KNOWLES No. 88-159Supreme Court of New Hampshire Merrimack Decided August 16, 1989 1. Evidence — Hearsay — Admissibility At trial for driving under the influence and unlawfully leaving an accident scene, for purposes of determining admissibility of hearsay statement of defendant’s mother that defendant was […]
STATE v. THIBEDAU, 142 N.H. 325 (1997)
702 A.2d 299 THE STATE OF NEW HAMPSHIRE v. ALFRED THIBEDAU No. 96-244Supreme Court of New Hampshire Strafford Decided September 26, 1997 1. Appeal and Error — Harmless Error — Generally It need not be determined whether the trial court, in a criminal prosecution, properly admitted evidence of a prior incident where, even assuming error, […]
WILKINSON v. COMPANY, 79 N.H. 335 (1920)
109 A. 45 ROBERT H. WILKINSON by his next friend MABEL F. WILKINSON v. MOORE PRESTON COAL CO. Supreme Court of New Hampshire Hillsborough. Decided January 6, 1920. A master is not liable for the acts of his servant while acting outside the scope of his employment. The owner of a coal wagon, whose driver […]
SOLOMONS v. CHESLEY, 58 N.H. 238 (1878)
SOLOMONS a. v. CHESLEY. Supreme Court of New Hampshire Rockingham. Decided March, 1878. In a trial upon the general issue, a brief statement, filed in the same cause, is not evidence for the plaintiff. The validity of a bill of sale given as security for the price of spirituous liquors illegally sold, may be denied […]
GARDNER v. AHERN, 117 N.H. 529 (1977)
375 A.2d 258 LAURENCE F. GARDNER v. PATRICIA M. AHERN No. 7665Supreme Court of New Hampshire Hanover District Court Decided June 20, 1977 Laurence F. Gardner, pro se, filed no brief. Martha M. Davis, of Windsor, Vt., for the defendant, filed no brief. MEMORANDUM OPINION Action in assumpsit to recover the balance due on a […]
OPINION OF THE JUSTICES, 72 N.H. 601 (1903)
54 A. 954 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided February 25, 1903. The fact that no suit can be maintained against the state affords the legislature a proper occasion for requiring the advice of the court as to the validity of a contract entered into in behalf of the state by […]
STATE v. GORDON, 141 N.H. 703 (1997)
692 A.2d 505 THE STATE OF NEW HAMPSHIRE v. STEVEN GORDON Nos. 93-825, 95-380Supreme Court of New Hampshire Hillsborough-southern judicial district Decided April 8, 1997 1. Attorneys — Relation of Attorney and Client — Generally It is generally recognized that the attorney-client relationship is created when: (1) a person seeks advice or assistance from an […]
PEARSON v. GOOCH, 69 N.H. 208 (1897)
40 A. 390 PEARSON v. GOOCH a. Supreme Court of New Hampshire Rockingham. Decided December, 1897. The validity of powers of sale in mortgages affirmed. A sale of real estate under a power contained in a mortgage is invalidated by an erroneous statement in the notice of sale, the natural tendency of which would be […]
BUTTERICK v. BUTTERICK, 127 N.H. 731 (1986)
506 A.2d 335 JAMES D. BUTTERICK v. KAREN J. BUTTERICK No. 85-093Supreme Court of New Hampshire Hillsborough Decided March 3, 1986 1. Divorce — Custody and Support of Children — Modification of Decree The standard set out in Perreault v. Cook, 114 N.H. 440 (1974), is that the relationship established by a custody award should […]
NEWTON v. NUTT, 58 N.H. 599 (1879)
NEWTON, Guard., v. NUTT, Adm’r. Supreme Court of New Hampshire Sullivan. Decided March, 1879. A guardian cannot maintain a suit in his own name on an account for the labor of his ward. ASSUMPSIT, on an account for the labor of the plaintiff’s ward performed for the defendant’s intestate. Demurrer, on the ground that the […]
BREEYEAR v. INSURANCE CO., 71 N.H. 445 (1902)
52 A. 860 BREEYEAR a. v. ROCKINGHAM FARMERS’ MUTUAL FIRE INSURANCE CO. Supreme Court of New Hampshire Hillsborough. Decided June 3, 1902. Where insurance issued to the owner of real estate is made payable to his mortgagee in case of loss, transfers thereof by the latter and his successors in interest are not “assignments,” within […]
FERNALD v. BASSETT, 107 N.H. 282 (1966)
220 A.2d 739 FREDERICK FERNALD a. v. ALFRED BASSETT a. No. 5485.Supreme Court of New Hampshire Rockingham.Argued May 4, 1966. Decided June 30, 1966. 1. Where a municipal zoning ordinance designed to establish a “Lake Residence District” as primarily residential in character provided that limited commercial use restricted to uses for “gas sales, boat liveries, […]
IN RE ESTATE OF MARTINEAU, 126 N.H. 250 (1985)
490 A.2d 779 In re ESTATE OF YVONNE MARTINEAU No. 83-492Supreme Court of New Hampshire Strafford County Probate Court Decided March 18, 1985 1. Descent and Distribution — Intestacy Statute Intestacy statute clearly provides that issue of a decedent’s grandparent may share in an estate by right of representation. RSA 561:1, II(d). 2. Descent and […]
FECTEAU v. FOSTER CO., 120 N.H. 406 (1980)
418 A.2d 1265 LIONEL FECTEAU d/b/a FECTEAU INSURANCE AGENCY AND MARY FECTEAU v. GEORGE J. FOSTER CO., INC. AND BURT KEIMACH No. 79-301Supreme Court of New Hampshire Rockingham Decided June 12, 1980 1. Libel — Newspapers — Tests for Recovery In an action for libel based upon an article published in defendant corporation’s newspaper, plaintiffs […]
BURQUE v. BRODEUR, 85 N.H. 310 (1932)
158 A. 127 AUGUSTE U. BURQUE, a. v. CHARLES M. BRODEUR, Individually and as HOME FINANCE OF NASHUA. Supreme Court of New Hampshire Hillsborough. Decided January 5, 1932. Under the small loans act (P. L., c. 269) a loan by a licensee to whom the borrower is already indebted to the amount of $300 is […]
MILLS v. MANCHESTER, 58 N.H. 38 (1876)
MANCHESTER MILLS v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided December, 1876. On a petition for an abatement of a real estate tax, the appraisal complained of may be compared with the appraisal of other real estate in the same town, for the purpose of ascertaining whether the assessment was proportional, and whether justice […]
FULLER v. BAILEY, 58 N.H. 71 (1877)
FULLER a. v. BAILEY. Supreme Court of New Hampshire Strafford. Decided March, 1877. A motion to set aside a verdict on the ground that it is against the evidence, raises a question of fact to be decided at the trial term. TROVER. The plaintiffs moved to set aside the verdict as being against the evidence. […]
STATE v. HUTCHINS, 144 N.H. 669 (2000)
746 A.2d 447 THE STATE OF NEW HAMPSHIRE v. MICHAEL HUTCHINS No. 98-467Supreme Court of New Hampshire Grafton Decided February 8, 2000 1. Criminal Law — Double Jeopardy — New Hampshire Constitution Because federal standard for collateral estoppel afforded criminal defendant no greater double jeopardy protection than that provided by New Hampshire Constitution, court was […]
EATON v. CLARKE, 80 N.H. 577 (1923)
120 A. 433 LYMAN B. EATON v. LIZZIE H. CLARKE. Supreme Court of New Hampshire Sullivan. Decided March 6, 1923. Where a warranty is against lawful claims only, expenses incurred by the covenantee in defending against an unfounded claim cannot be recovered from the covenantor; an apparent cloud upon the title is not enough, but […]
PINETTE v. PINETTE, 106 N.H. 345 (1965)
211 A.2d 403 RITA PINETTE v. EDWARD PINETTE. No. 5320.Supreme Court of New Hampshire Coos.Argued April 6, 1965. Decided June 30, 1965. 1. Under the law of Maine a wife may not recover against her husband’s employer for injuries suffered by reason of the sole negligence of her husband acting in the course of his […]
STATE v. JAROMA, 139 N.H. 611 (1995)
660 A.2d 1131 THE STATE OF NEW HAMPSHIRE v. ALEXANDER JAROMA No. 93-516Supreme Court of New Hampshire Hillsborough-northern judicial district Decided June 14, 1995 1. Trial — Criminal Cases — Duties and Discretion of Judge Where the facts and the law supported trial court’s decision to accept the stipulation in which defendant admitted two of […]
DESCLOS v. S.N.H. MED. CTR, 153 N.H. 607 (2006)
903 A.2d 952 LINDA DESCLOS v. SOUTHERN NEW HAMPSHIRE MEDICAL CENTER a. No. 2005-596.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: February 8, 2006. Opinion Issued: June 9, 2006. 1. Discovery — Production of Documents or Objects — Confidential or Privileged Relevance alone is not the standard for determining whether or not privileged materials should […]
STATE v. ALLARD, 128 N.H. 437 (1986)
514 A.2d 824 THE STATE OF NEW HAMPSHIRE v. DONALD ALLARD No. 85-078Supreme Court of New Hampshire Hillsborough Decided August 12, 1986 1. Indictment and Information — Nature and Purpose The purposes of a complaint are to inform the defendant of the charges that he must meet and to do so with sufficient clarity to […]
TOWN OF GOSHEN v. GRANGE MUT. INS. CO., 120 N.H. 915 (1980)
424 A.2d 822 TOWN OF GOSHEN a. v. GRANGE MUTUAL INSURANCE COMPANY a. No. 80-204Supreme Court of New Hampshire Sullivan Decided December 29, 1980 1. Insurance — Coverage — Determination Allegations in complaint, that town planning board acted to create economic hardships that destroy the viability of landowner’s project, deprived him of his ability to […]