Category: New Hampshire Court Opinions

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 […]

298 A.2d 738 MARY LOUISE (REYNOLDS) KNOX v. JOHN H. REYNOLDS. No. 6341.Supreme Court of New Hampshire Rockingham. Decided December 29, 1972. 1. The record of prior proceedings in divorce action warranted denial of plaintiff’s motion to reinstitute support payments that had been suspended because of nonresident plaintiff’s disregard of orders granting visitation rights to […]

417 A.2d 1 CAMERON K. WEHRINGER v. MARY S. BULLEN No. 79-418Supreme Court of New Hampshire Hillsborough Decided June 18, 1980 Specific Performance — Review — Discretion of Lower Court Trial court’s discretionary denial of specific performance to enforce contract to purchase defendant’s land was proper where contract price of $30 an acre for land […]

47 A.2d 569 MILFORD S. MORGAN v. SIDNEY J. MORGAN. No. 3588.Supreme Court of New Hampshire Grafton. Decided June 4, 1946. A decree incompatible with the facts found by the Trial Court will be set aside. The statute of frauds cannot be invoked for the purpose of avoiding liability for a fraudulent misrepresentation of intention […]

61 A.2d 799 WALTER CARIGNAN v. AMOSKEAG HAMPER COMPANY. No. 3763.Supreme Court of New Hampshire Hillsborough. Decided November 3, 1948. An employer was held not to have misled an injured workman into thinking he had but one remedy by mailing a “draft for compensation due” him, since the statute (R. L., c. 216, s. 22) […]

823 A.2d 764 RACHEL COMEAU v. JERRY VERGATO No. 2002-413Supreme Court of New Hampshire Milford District CourtArgued April 10, 2003 Opinion Issued May 16, 2003 1. Landlord and Tenant — Nature of Relationship — ParticularMatters In defining “landlord” the legislature intended the inclusion of “manufactured housing” within the definition of “residential premises” to be exclusive […]

336 A.2d 244 STATE OF NEW HAMPSHIRE v. LEONARD G. ARSENAULT SAME v. JOHN F. FARRELL SAME v. SAMUEL S. SNOW SAME v. ERIC D. LAHAR No. 6630 No. 6802 No. 6803 No. 6866Supreme Court of New Hampshire Salem District Court Carroll Carroll Grafton Decided March 31, 1975 1. Intoxication is a fact open to […]

446 A.2d 1175 MARY E. BRENNAN a. v. WINNIPESAUKEE FLAGSHIP CORPORATION a. No. 81-081Supreme Court of New Hampshire Belknap Decided June 11, 1982 1. Zoning — Construction of Ordinances — Administrative Constructions Construction of the terms of a zoning ordinance is a question of law upon which the supreme court is not bound by the […]

379 A.2d 198 MICHAEL G. MILNE v. BURLINGTON HOMES, INC. No. 7709Supreme Court of New Hampshire Grafton Decided October 24, 1977 1. Pleading — Form and Requisites Allegations of pleadings are sufficiently clear if they are understandable by the court and counsel. 2. Pleading — Form and Requisites Even though an action may be one […]

618 A.2d 793 M. MOONEY CORP. v. UNITED STATES FIDELITY GUARANTY COMPANY No. 91-425Supreme Court of New Hampshire Belknap Decided December 3, 1992 1. Insurance — Coverage — Burden of Proof When insurer and insured dispute whether insurance policy covers incident at issue, insurer bears burden of establishing no insurance coverage and ambiguities are resolved […]

813 A.2d 1193 In the Matter of Anne C. Sutton and John E. Sutton, Jr. No. 2001-531Supreme Court of New Hampshire Lebanon Family DivisionArgued October 9, 2002 Opinion Issued December 17, 2002 1. Divorce—Division of Property—Factors Considered Compensation for services to be rendered after the marriage is dissolved is future income, which cannot be considered […]

378 A.2d 736 STATE OF NEW HAMPSHIRE v. TEX WHITING No. 7632Supreme Court of New Hampshire Merrimack Decided September 30, 1977 1. Witnesses — Self-Incrimination In light of witnesses’ right against self-incrimination, it was perfectly proper for court to excuse jury and to advise prospective defense witnesses of that right and to give them opportunity […]

514 A.2d 818 RICHARD C. CILLEY v. NEW HAMPSHIRE BALL BEARINGS, INC. No. 85-263Supreme Court of New Hampshire Hillsborough Decided August 7, 1986 1. Judgments — Summary Judgment — Generally Trial judge has the power to reverse, sua sponte, an earlier denial of a motion for summary judgment. 2. Judgments — Summary Judgment — Purpose […]

401 A.2d 201 ERIN FOOD SERVICES, INC. v. 688 PROPERTIES No. 78-166Supreme Court of New Hampshire Hillsborough Decided April 13, 1979 1. Contracts — Construction — Generally Interpretation of contracts is the process of determining from the language and conduct of the parties what they are required to do to conform to the terms of […]

435 A.2d 510 ARLINE R. BOYCE, ADMINISTRATRIX OF THE ESTATE OF ROBIN L. BOYCE v. CONCORD GENERAL MUTUAL INSURANCE COMPANY a. No. 80-303Supreme Court of New Hampshire Grafton Decided September 16, 1981 1. Motor Vehicles — Financial Responsibility Laws Use of disjunctive “or” in language of statute dealing with motor vehicle liability policies providing indemnity […]

813 A.2d 465 THE STATE OF NEW HAMPSHIRE v. Jeffery A. Grey No. 2001-379Supreme Court of New Hampshire MerrimackArgued October 2, 2002 Opinion Issued December 17, 2002 1. Search and Seizure—Warrant Requirement; Exceptions—Consent The State constitution particularly protects people from unreasonable police entries into their private homes because of the heightened expectation of privacy given […]

323 A.2d 921 STATE OF NEW HAMPSHIRE v. LEONARD WOODMAN No. 6575Supreme Court of New Hampshire Epping Municipal Court Decided July 30, 1974 1. A New Hampshire resident driving a Massachusetts-registered commercial vehicle in New Hampshire trader a commercial license issued to him in Massachusetts is in violation of RSA 262:27-a (Supp. 1973) if he […]

409 A.2d 1346 AMERICAN POLICYHOLDER’S INSURANCE CO. v. LOUIS BAKER, ADMINISTRATOR, ESTATE OF CRAIG BAKER, AND HELEN KIRATSOS, ADMINISTRATRIX, ESTATE OF JOHN BECK LOUIS BAKER, ADMINISTRATOR, ESTATE OF CRAIG BAKER v. HELEN KIRATSOS, ADMINISTRATRIX, ESTATE OF JOHN BECK No. 79-175Supreme Court of New Hampshire Rockingham Decided December 28, 1979 1. Executors and Administrators — Litigation […]

889 A.2d 1040 GULF INSURANCE COMPANY v. AMSCO, INC. a. No. 2004-354.Supreme Court of New Hampshire Rockingham.Argued: September 15, 2005. Opinion Issued: December 28, 2005. 1. Discovery — Disclosure of Witnesses — Generally In superior court, a party is entitled to disclosure of the opposing party’s experts, the substance of the facts and opinions about […]

376 A.2d 136 ALICE M. TOWERS v. DEPARTMENT OF EMPLOYMENT SECURITY CONTINENTAL SHOE COMPANY AND SOUTH BERWICK SHOE COMPANY No. 7628Supreme Court of New Hampshire Strafford Decided July 25, 1977 1. Unemployment Compensation — Judicial Review — Parameters of Review Where unemployment compensation claimant, aggrieved by decision of appeal tribunal, failed within fifteen days after […]

382 A.2d 1107 THE STATE OF NEW HAMPSHIRE v. WILLIAM E. MARTIN No. 7813Supreme Court of New Hampshire Strafford Decided February 17, 1978 Criminal Law — Post-Conviction Relief — Right to Counsel of Choice Where defendant, who was indicted for aggravated assault, stated at trial that he had no money and could not afford lawyer, […]

536 A.2d 199 AMICA MUTUAL INSURANCE COMPANY v. MICHAEL MORRISON a. No. 87-021Supreme Court of New Hampshire Hillsborough Decided December 31, 1987 1. Insurance — Construction of Contracts — Generally General rule in construction of insurance contracts is that the court will honor the reasonable expectations of the policyholder. 2. Insurance — Construction of Contracts […]

809 A.2d 755 DOUGLAS’ CASE No. LD-98-013Supreme Court of New HampshireArgued: January 23, 2002 Opinion Issued: April 12, 2002 1. Attorneys — Reprimand, Suspension and Disbarment — Procedure In a proceeding before a judicial referee on a petition for suspension of respondent attorney, although the referee refused to allow respondent to testify for the purpose […]

398 A.2d 832 In re NASHUA ASSOCIATION OF SCHOOL PRINCIPALS No. 78-132Supreme Court of New Hampshire PELRB Decided February 28, 1979 1. Public Employees — Public Employee Labor Relations Boards — Abuse of Discretion Determination of the public employee labor relations board will be upheld unless it constitutes a clear abuse of discretion. 2. Administrative […]

77 A.2d 849 WILLIAM M. MCINNES, Ex’r., Ap’t v. JOEL E. GOLDTHWAITE a., Tr’s Ap’es. No. 3990Supreme Court of New Hampshire Rockingham Decided January 2, 1951 Where an executor takes possession and control of the testator’s real estate and seeks to have his expenditures of estate funds thereon allowed in his account he may not […]

674 A.2d 971 MARIE T. HIGGINS v. CUSHMAN S. COLBY C.P.A., P.A., a. No. 94-831Supreme Court of New Hampshire Rockingham Decided April 9, 1996 1. Labor — Compensation — Benefits; Generally While the Employee Retirement Income Security Act of 1974 (ERISA) preempts State common law tort and contract claims that relate to a benefit plan, […]

4 A.2d 352 ELLEN McALPINE v. FRED R. GILPATRICK a. No. 3048.Supreme Court of New Hampshire Strafford. Decided February 7, 1939. If the mother of a minor is not an unfit custodian she is entitled to custody by force of P. L., c. 290, s. 4, notwithstanding the child’s welfare would be better subserved if […]

931 A.2d 583 THE STATE OF NEW HAMPSHIRE v. TIMOTHY DUPONT. No. 2006-504.Supreme Court of New Hampshire Hillsborough-northern judicial district.Submitted: March 22, 2007. Opinion Issued: July 13, 2007. 1. Appeal and Error — Record or Transcript — Indigents Post-conviction and post-appeal, an indigent defendant is not automatically entitled to transcripts at State expense. Defendant first […]

179 A.2d 451 LAWRENCE C. HACKETT a. v. FLOYD I. GALE. No. 5013.Supreme Court of New Hampshire Hampton Municipal Court.Argued February 6, 1962. Decided March 22, 1962. 1. Where a municipal zoning ordinance authorized accessory use of residences in a certain zoned district “as offices for doctors, engineers, architects, lawyers or others” the words “or […]

247 A.2d 189 RITA G. LEMAY v. LIONEL A. LEMAY. No. 5831.Supreme Court of New Hampshire Hillsborough.Argued October 1, 1968. Decided October 31, 1968. 1. The Trial Court has authority to make an order of custody of children of parents who are living apart notwithstanding the fact that a divorce or separation is denied. 2. […]

474 A.2d 588 CHAGNON LUMBER CO., INC. v. STONE MILL CONSTRUCTION CORP. AND JOHN W. AND ANN M. BREITEN No. 82-527Supreme Court of New Hampshire Hillsborough Decided April 19, 1984 1. Appeal and Error — Preservation of Questions — Generally While issues on appeal are limited to issues raised in the trial court, the supreme […]

599 A.2d 132 SHALLOW BROOK ASSOCIATES v. RONALD DUBE AND PAULINE DUBE No. 90-503Supreme Court of New Hampshire Hillsborough Decided November 8, 1991 1. Contracts — Specific Performance — Time Where the court’s decree is that the purchaser shall receive a deed when he makes a tender of the price, but no time is fixed […]

42 A.2d 1 F. GORDON KIMBALL, State Treas. v. DANIEL W. BADGER a., Ex’rs u/w HORACE W. PEARSON. No. 3520.Supreme Court of New Hampshire Rockingham. Decided April 3, 1945. The distinction drawn by R. L., c. 87, s. 38, between legatees under a will or persons who would be heirs-at-law of the decedent in the […]

611 A.2d 635 SCULLY’S AUTO-MARINE UPHOLSTERY, INC. v. PEERLESS INSURANCE COMPANY, INC. a. No. 91-198Supreme Court of New Hampshire Rockingham Decided July 30, 1992 1. Declaratory Judgments — Statutes — Applicability Declaratory judgment statute allowing petition to determine coverage of an insurance policy if filed within six months of the underlying suit giving rise to […]

109 A.2d 37 GEORGE F. FISKE v. SAM BASS WARNER a., Tr’ees. No. 4335.Supreme Court of New Hampshire Hillsborough.Argued October 6, 1954. Decided October 29, 1954. A bequest of the net income of a trust estate with a general power to appoint the trust property to such persons as the donee should direct and appoint […]

702 A.2d 1273 CONCORD ORTHOPAEDICS PROFESSIONAL ASSOCIATION v. H. JAMES FORBES, M.D. No. 95-865Supreme Court of New Hampshire Merrimack Decided December 4, 1997 1. Contracts — Legality — Agreements Not To Compete Although the matter involving a two-year covenant not to compete between a physician and a professional association was technically moot due to its […]

384 A.2d 493 ALFRED H. RANGER v. NEW HAMPSHIRE YOUTH DEVELOPMENT CENTER ROBERT M. DUVALL, LABOR COMMISSIONER No. 7948Supreme Court of New Hampshire Hillsborough Decided March 24, 1978 1. Workmen’s Compensation — Attorneys’ Fees Where plaintiff while working at his job received an injury to his eye on December 1, 1966, and suffered complete loss […]

215 A.2d 697 PETITION OF DANA L. GRAHAM. No. 5363.Supreme Court of New Hampshire Grafton.Argued October 5, 1965. Decided December 30, 1965. 1. The right to counsel guaranteed by the Sixth Amendment to the United States Constitution in a prosecution for a felony is the right to the effective aid of counsel in the preparation […]

508 A.2d 1048 THE STATE OF NEW HAMPSHIRE v. JAMES MEEKINS No. 84-580Supreme Court of New Hampshire Merrimack Decided April 9, 1986 1. Indictment and Information — Specificity — Dates If the date an offense is committed is not an essential element of the crime, the State is not necessarily bound to the date specified […]

433 A.2d 1330 MAURICE M. MURPHY v. DAVID H. BATEMAN a. No. 80-353Supreme Court of New Hampshire Rockingham Decided August 10, 1981 1. Appeal and Error — Findings — Master’s Findings Master’s findings will not be disturbed unless they are unsupported by evidence or erroneous as a matter of law. 2. Appeal and Error — […]

30 A.2d 491 STATE v. CARL FOGG. No. 3361.Supreme Court of New Hampshire Rockingham. Decided February 2, 1943. An indictment for breaking, entering and larceny, enumerating certain goods of the value of one hundred dollars as the subject of the larceny, but without stating the value of each article, is valid. Indictment against three jointly […]

148 A.2d 277 NASHUA v. PUBLIC UTILITIES COMMISSION OF NEW HAMPSHIRE No. 4693Supreme Court of New Hampshire OriginalArgued December 2, 1958 Decided January 30, 1959 1. The Supreme Court will not exercise its discretionary power to issue writs of certiorari (RSA 490:4) where there has been provided by statute an available and adequate remedy by […]

547 A.2d 235 THE STATE OF NEW HAMPSHIRE v. JUNE BRIAND No. 88-016Supreme Court of New Hampshire Hillsborough Decided July 11, 1988 1. Mental Health — Criminal Offenses — Pre-Trial Psychiatric Examinations Absent constitutional or other overriding concerns, New Hampshire courts have the power to order a criminal defendant to submit to psychological or psychiatric […]

235 A.2d 833 NEW IPSWICH ELECTRIC LIGHTING DEPARTMENT v. GREENVILLE ELECTRIC LIGHTING CO. a. No. 5663.Supreme Court of New Hampshire Public Utilities Commission.Argued September 8, 1967. Decided November 30, 1967. 1. An order of the Public Utilities Commission dismissing a complaint by a municipal electric lighting department against a public utility and its customer alleging […]

359 A.2d 627 LOUIS A. BERGERON v. LAWRENCE J. DUPONT, JR., a. No. 7180Supreme Court of New Hampshire Belknap Decided June 30, 1976 1. A representation that was true when made could be fraudulent if the maker failed to disclose subsequent information that made the original representation false. 2. If a seller makes material statements […]

140 A.2d 572 STATE v. JON G. REENSTIERNA. No. 4634.Supreme Court of New Hampshire Keene Municipal Court.Submitted April 1, 1958. Decided April 24, 1958. 1. Where the State in a complaint for operating a motor vehicle on a public way while under the influence of intoxicating liquor seeks to establish intoxication by means of a […]

350 A.2d 620 THOMAS E. McDONNELL a. v. TOWN OF DERRY a. No. 7301Supreme Court of New Hampshire Rockingham Decided January 21, 1976 1. All votes taken by official ballot at first session of town meeting on subject matter not required by statute (RSA 39:2-a (Supp. 1975)) to be included on ballot should be final […]

195 A.2d 587 CHARLES HOPKINS v. WILLIAM HACKER. WILLIAM HACKER v. CHARLES HOPKINS. No. 5148.Supreme Court of New Hampshire Rockingham.Argued November 5, 1963. Decided December 3, 1963. 1. In an action against an owner of real estate by his agent in charge of rentals for injuries sustained at the hands of the tenant, the owner […]

480 A.2d 101 In re ADOPTION OF BABY C. No. 83-404Supreme Court of New Hampshire Hillsborough County Probate Court Decided July 23, 1984 1. Parent and Child — Parental Rights — Fundamental Human Rights The supreme court recently reaffirmed its position that parental rights are fundamental rights under the New Hampshire Constitution, recognizing that there […]

220 A.2d 748 NASSIF REALTY CORPORATION v. NATIONAL FIRE INSURANCE COMPANY. No. 5478.Supreme Court of New Hampshire Cheshire.Argued May 4, 1966. Decided June 30, 1966. 1. The rule-making power of the Superior and Supreme Courts, as courts of general jurisdiction, is broad and comprehensive. 2. Every court of record has inherent power to make such […]

467 A.2d 254 KENNETH W. ANDREWS a. v. NATIONWIDE MUTUAL INSURANCE COMPANY No. 82-255Supreme Court of New Hampshire Merrimack Decided October 28, 1983 1. Declaratory Judgments — Statutes — Construction Merely because the legislature deemed a six-month filing limitation desirable in cases involving third-party insurance claims under the declaratory judgment statute does not mean it […]

106 A.2d 568 LESLIE NARAMORE v. GLADYS DERBY PUTNAM. No. 4330.Supreme Court of New Hampshire Cheshire.Argued June 2, 1954. Decided July 1, 1954. A stop sign regulation upon a public highway at an intersecting way which provides that vehicles entering the through route shall “yield the right of way to vehicles travelling on” such route […]

393 A.2d 569 THE STATE OF NEW HAMPSHIRE v. VICTOR W. DYSART No. 78-191Supreme Court of New Hampshire Hillsborough Decided October 30, 1978 Motor Vehicles — Habitual Offender Proceedings — Restoration of Privilege To Operate Where statute provides that following a finding that a person is a habitual offender the court shall direct the person […]

2 A.2d 449 CHARLES HAZEN v. P. H. RICE CORPORATION. SAME v. RICHARD BARRY. Supreme Court of New Hampshire Hillsborough. Decided November 1, 1938. A challenge to a juror not for principal cause but only to the favor, presents no question of law but only one of fact for the trial court. Challenges to the […]

453 A.2d 1270 JAMES J. COLBY, JR. a. v. TOWN OF RYE No. 82-078Supreme Court of New Hampshire Rockingham Decided December 8, 1982 1. Zoning — Nonconforming Uses — Generally Nonconforming uses are protected by the New Hampshire Constitution, although expansion of such a use into a new area may be prohibited. N.H. CONST. pt. […]

67 A.2d 10 RALPH L. DODGE, Adm’r w. w. a. v. NEW HAMPSHIRE CENTENNIAL HOME FOR THE AGED. No. 3802.Supreme Court of New Hampshire Merrimack. Decided June 7, 1949. It is not inequitable for a charitable home for the aged to retain property of an inmate who dies during a probationary term, when said property […]