Category: New Hampshire Court Opinions

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 […]

664 A.2d 81 MICHAEL DIAMONTOPOULAS v. THE STATE OF NEW HAMPSHIRE No. 94-387Supreme Court of New Hampshire Cheshire Decided August 25, 1995 1. Habeas Corpus — Proceedings — Hearing Nothing in RSA ch. 534 requires hearing on petition for writ of habeas corpus where record presented clearly demonstrates that petition is without merit. RSA ch. […]

314 A.2d 665 ORFORD SCHOOL DISTRICT v. STATE BOARD OF EDUCATION OF NEW HAMPSHIRE, NEWELL PAIRE, SECRETARY OF THE BOARD OF EDUCATION a., CLARENCE L. PUSHEE AND HAZEL B. PUSHEE, INTERVENORS No. 6710Supreme Court of New Hampshire Merrimack Decided January 31, 1974 1. The phrase “cost of tuition” in RSA 194:23-d (Supp. 1972), which obligated […]

102 A.2d 502 GEORGE LUPIEN a. v. ADELARD ROUSSEAU a. No. 4274.Supreme Court of New Hampshire Hillsborough.Submitted January 6, 1954. Decided January 29, 1954. In an action to recover damages for breach of a written contract to sell certain real estate the burden of establishing that the value of the premises at the time fixed […]

322 A.2d 924 STATE OF NEW HAMPSHIRE v. ROGER M. DEARBORN No. 6665Supreme Court of New Hampshire Rockingham Decided July 19, 1974 1. A reliable informant’s tip, based on a conversation the informant had overheard, specifically describing certain individuals who would be transporting marijuana and detailing the times of their departure and return; the make, […]

506 A.2d 310 LISA COFFEY p/p/a JAMES COFFEY AND JAMES COFFEY AND MARIA COFFEY v. YVONNE BRESNAHAN, AS ADM’X OF THE ESTATE OF B. FRANCIS BRESNAHAN, M.D., AND CATHOLIC MEDICAL CENTER No. 84-454Supreme Court of New Hampshire Hillsborough Decided February 27, 1986 1. Constitutional Law — Equal Protection — Discrimination The plaintiffs’ “substantive rights” in […]

719 A.2d 560 DIANE JACKSON COLE v. CYNTHIA B. HOBSON No. 96-575Supreme Court of New Hampshire Merrimack Decided September 24, 1998 1. Trial — Civil Cases — Generally — Duties and Discretion of Judge Imposition of sanctions against litigant is a matter left largely to discretion of trial court, and court on appeal will not […]

513 A.2d 331 PETITION OF LANA AND LEON BAGLEY (New Hampshire Division for Children and Youth Services) No. 85-248Supreme Court of New Hampshire Division for Children and Youth Services Decided July 9, 1986 1. Administrative Law — Judicial Review — Decisions Petition for certiorari will be granted only if agency exceeded its jurisdiction or authority, […]

697 A.2d 507 THE STATE OF NEW HAMPSHIRE v. EDWARD RINGUETTE No. 95-321Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 10, 1997 1. Criminal Law — Double Jeopardy — New Hampshire Constitution Where defendant argued that his sentencing enhancement violated the double jeopardy provisions of the State and Federal Constitutions, the court confined […]

435 A.2d 1122 THE STATE OF NEW HAMPSHIRE v. JESUS RAMOS No. 80-169Supreme Court of New Hampshire Hillsborough Decided October 7, 1981 1. Witnesses — Cross-Examination — Right The right to cross-examine adverse witnesses in criminal cases is fundamental. 2. Witnesses — Cross-Examination — Right Cross-examination is necessary to ensure that the defendant “shall have […]

498 A.2d 325 THE STATE OF NEW HAMPSHIRE v. DEAN DAYUTIS No. 83-510Supreme Court of New Hampshire Rockingham Decided August 15, 1985 1. Trial — Argument of Counsel — Opening and Closing The standard for reversible error in a prosecutor’s opening statement is that the prosecutor must be shown to have acted in bad faith, […]

446 A.2d 1185 THE STATE OF NEW HAMPSHIRE v. RAOUL ST. LAURENT No. 81-230Supreme Court of New Hampshire Merrimack Decided June 11, 1982 Appeal and Error — Evidence — Sufficiency of Evidence In the case of defendant convicted of falsifying physical evidence, where he allegedly hid a forty-foot flatbed trailer to hinder an investigation being […]

381 A.2d 330 KRISTA ROCCA, p.p.a. JOHN ROCCA v. VIRGINIA KENNEY No. 7856Supreme Court of New Hampshire Hillsborough Decided December 30, 1977 Courts — Jurisdiction — Want of Jurisdiction Applying two-pronged test, applicable to cases involving in personam jurisdiction requiring that exercise of jurisdiction must be reasonable from standpoint of state’s interest in litigation and […]

663 A.2d 1344 CHESHIRE MEDICAL CENTER v. RACHEL R. AND ROBERT W. HOLBROOK No. 94-735Supreme Court of New Hampshire Cheshire Decided August 25, 1995 1. Constitutional Law — Equal Protection — Compelling Interest Test There exists no compelling justification for gender bias embodied in traditional necessaries doctrine. N.H. CONST. pt. I, art. 2. 2. Constitutional […]

590 A.2d 602 APPEAL OF SALEM REGIONAL MEDICAL CENTER (New Hampshire Health Services Planning and Review Board) No. 89-554Supreme Court of New Hampshire Health Services Planning and Review Board Decided May 3, 1991 1. Evidence — Weight and Sufficiency — Generally New Hampshire Health Services Planning and Review Board, as trier of fact in proceeding […]

506 A.2d 351 THE STATE OF NEW HAMPSHIRE ex rel. MARY ANN CASINELLI v. STEVEN BOURGEOIS No. 85-436Supreme Court of New Hampshire Strafford Decided March 3, 1986 1. Appeal and Error — Record — Adequacy Abuse of discretion cannot be inferred from a silent record. 2. Divorce — Custody and Support of Children — Presumptions […]

121 A.2d 803 ALICE JADDA a. v. MANCHESTER a. No. 4458.Supreme Court of New Hampshire Hillsborough.Argued March 7, 1956. Decided March 29, 1956. The party seeking to set aside a decision of the zoning board of adjustment on appeal has the burden of establishing that the order appealed from is unreasonable or unlawful. In such […]

469 A.2d 1332 VIRGILIJUS MARTINONIS AND REGINA MARTINONIS v. TOWN OF KINGSTON No. 83-051Supreme Court of New Hampshire Rockingham Decided December 16, 1983 1. Taxation — Appraisal and Assessment — Burden of Proof In a real estate tax abatement case, the taxpayers had the burden of showing that the assessment placed on the subject property […]

81 A.2d 439 KEENE v. ROXBURY. No. 4023.Supreme Court of New Hampshire Cheshire. Decided June 5, 1951. The legislative exemption from taxation by a town of property therein which is held by another city or town “for the purpose of a water supply” (R.L., c. 73, s. 12) is without restriction as to whether the […]

31 A.2d 52 SOCIETY OF THE CINCINNATI IN THE STATE OF NEW HAMPSHIRE v. EXETER. No. 3400.Supreme Court of New Hampshire Rockingham. Decided March 2, 1943. Rev. Laws, c. 73, s. 24, exempting from taxation the real estate of local charitable institutions, owned and occupied by them for their charitable purposes, imposes the condition that […]

355 A.2d 824 WILLIAM F. KEEFE v. GEORGE B. ROBERTS, JR. No. 7346Supreme Court of New Hampshire Rockingham Decided March 31, 1976 1. When a call of a house of the legislature has been ordered, absent members may be taken into custody by the sergeant-at-arms and returned to the house chamber. 2. The house indicated […]

493 A.2d 1130 APPEAL OF BOSTON AND MAINE CORPORATION (New Hampshire Public Utilities Commission) No. 84-195Supreme Court of New Hampshire Public Utilities Commission Decided April 11, 1985 1. Public Utilities — Statutes — Construction Statute governing closing of highway crossings gives broad authority to public utilities commission to close railroad crossings or make orders as […]

332 A.2d 182 STATE OF NEW HAMPSHIRE v. ROBERT HILL No. 6997Supreme Court of New Hampshire New London District Court Decided January 31, 1975 1. Defendant who could not be convicted for theft of services under RSA 637:8 as a matter of law on a complaint charging him as an accomplice to owner’s unauthorized taking […]

3 A.2d 831 JOSEPH DONDERO a. v. MARY FERRANTI. No. 3043.Supreme Court of New Hampshire Strafford. Decided January 3, 1939. Hughes Burns, by brief, for the plaintiffs. Thomas J. McGreal and Frank E. Blackburn, by brief, for the defendant. Per Curiam. This is a proceeding in which a common-law action of tort for embezzling funds […]

63 A.2d 226 GLORIA ROY (by her mother and next friend) v. ERNEST CHALIFOUX. SIMONNE ROY v. SAME. No. 3780.Supreme Court of New Hampshire Hillsborough. Decided January 5, 1949. The negligence of the defendant was for the jury where with nothing to obstruct his view he so operated his motor vehicle that its front and […]

238 A.2d 728 EDITH L. JELLEY v. RICHARD E. LaFLAME. No. 5630.Supreme Court of New Hampshire Hillsborough.Argued September 8, 1967. Decided February 29, 1968. 1. A declaration alleging that the plaintiff mother sustained physical injuries from fright and shock as the result of being present at the scene of and witnessing an accident in which […]

306 A.2d 774 BARTON’S MOTEL, INC. v. SAYMORE TROPHY CO., INC. No. 6451Supreme Court of New Hampshire Belknap Decided June 29, 1973 1. To sustain contention that language in a deed unambiguously and as a matter of law grants a right of way of a certain width, dominant owner must point to language that clearly […]

855 A.2d 483 APPEAL OF THE CITY OF PORTSMOUTH (New Hampshire Board of Tax and Land Appeals). No. 2003-547.Supreme Court of New Hampshire Board of Tax and Land Appeals.Argued: March 10, 2004. Opinion Issued: June 25, 2004. 1. Taxation — Exemptions from Taxation — Property, Agencies and Instrumentalities of Government Payments in lieu of taxes, […]

32 A.2d 820 CLAYTON B. MONROE v. ARTHUR STERLING. No. 3415.Supreme Court of New Hampshire Carroll. Decided June 25, 1943. The question whether a new trial may be limited is one of law; but whether it shall be is a matter of fact. Where errors had been committed at the original trial of an action […]

620 A.2d 1031 CAROL L. ELDRIDGE v. STEPHEN F. ELDRIDGE No. 91-574Supreme Court of New Hampshire Hillsborough Decided February 12, 1993 1. Appeal and Error — Standards of Review — Generally Decision of trial court will be sustained unless unsupported by evidence or tainted by error of law. 2. Statutes — Enactment — Prospective or […]

298 A.2d 750 ROBERT G. BENTZINGER a. v. WILLIAM MAYNARD a., TAX COMMISSIONERS. No. 6385.Supreme Court of New Hampshire Cheshire. Decided December 29, 1972. 1. A February 1968 order of the tax commission for reassessment of property in a certain town as of April 1, 1969, was invalid for want of statutory authority to order […]

296 A.2d 913 HYMAN SIMON a. AND NORMAN W. DAVIS a. v. NEW HAMPSHIRE SAVINGS BANK CHARLES GILL, INTERVENOR. No. 6314.Supreme Court of New Hampshire Merrimack. Decided November 3, 1972. 1. Holder of mortgage conditioned upon payment of note payable on demand was entitled to enforce mortgage foreclosure provisions following demand for payment of note […]

493 A.2d 496 GAIL J. DOBBINS v. PAUL F. BERWICK AND TRACY LEE BERWICK No. 84-067Supreme Court of New Hampshire Belknap Decided May 8, 1985 1. Appeal and Error — Preservation of Questions — Failure To Present Below Where an issue as to the correctness of a jury instruction in an action for negligence was […]

543 A.2d 1379 PAUL KEENAN v. WAYNE FEARON No. 86-465Supreme Court of New Hampshire Grafton Decided June 6, 1988 1. Costs — Attorney Fees — Particular Cases Arguments that defendant’s counsel fees on appeal should not have been personally assessed against plaintiff’s attorney if the defendant’s legal position was weak and the plaintiff’s appeal had […]

131 A.2d 63 HARRY KOCH v. THOMAS F. O’BRIEN, Sheriff. No. 4574.Supreme Court of New Hampshire Hillsborough.Argued April 2, 1957. Decided April 10, 1957. 1. In interstate rendition proceedings, the State is not required under the due process clause of the Fourteenth Amendment to the federal Constitution to consider evidence of alleged mistreatment received by […]

319 A.2d 295 THERESA C. WEIK v. DONALD R. WEIK No. 6750Supreme Court of New Hampshire Strafford Decided April 30, 1974 1. The assets of parties who have been legally separated on grounds of irremediable breakdown of the marriage are not automatically divided equally between them, even though fault was not a factor in the […]

639 A.2d 241 APPEAL OF CAMPTON SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board) No. 92-051Supreme Court of New Hampshire Public Employee Labor Relations Board Decided March 15, 1994 1. Public Employees — Generally — Construction of Statutes New Hampshire Public Employee Labor Relations Board has authority to initially define broad statutory language of […]

342 A.2d 650 JANE A. REEN v. ROBERT E. BERTON a. No. 7038Supreme Court of New Hampshire Merrimack Decided July 31, 1975 1. The application of the “clean hands” doctrine to fraudulent transfers of property is a novel question under section 4 of the Uniform Fraudulent Conveyances Act. 2. When the wife and the bigamous […]

157 A.2d 643 HERBERT TANNER v. SAMUEL J. KING. No. 4794.Supreme Court of New Hampshire Strafford.Argued December 2, 1959. Decided January 27, 1960. 1. An action for wrongful death does not exist by common law and hence any such right of action surviving the deceased is solely by virtue of statute (RSA ch. 556) and […]

445 A.2d 1100 FRANCIS DOW v. HERBERT CARTER No. 81-197Supreme Court of New Hampshire Laconia District Court Decided May 12, 1982 1. Landlord and Tenant — Security Deposits — Notice Although the statute governing security deposits does not specify a definite time period after termination of the tenancy within which a tenant must notify the […]

749 A.2d 315 DAVID SNEDEKER v. ARLENE SNEDEKER No. 98-099Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided March 21, 2000 1. Statutes — Maxims and Rules of Construction — Generally In matters of statutory interpretation, New Hampshire Supreme Court is the final arbiter of intent of legislature as expressed in words of statute considered […]

517 A.2d 1170 DONALD MURPHY v. TOWN OF ATKINSON a. No. 85-288Supreme Court of New Hampshire Rockingham Decided October 3, 1986 1. Workers’ Compensation — Appeal and Review — Scope of Review A workers’ compensation appeal before the superior court must be confined to the issues raised before the labor department. 2. Workers’ Compensation — […]

36 A.2d 266 E. T. TREFETHEN v. NANCY AMAZEEN, Tr. a. No. 3458.Supreme Court of New Hampshire Rockingham. Decided February 1, 1944. A stockholders’ agreement not to vote stock is valid in the absence of fraud where the agreement was reasonably intended to be beneficial to the corporation and injurious to no one except for […]

255 A.2d 606 NATIONAL TRANSPORTATION COMPANY v. FALTIN MOTOR TRANSPORTATION COMPANY. No. 5794.Supreme Court of New Hampshire Hillsborough.Argued October 2, 1968. Decided June 30, 1969. 1. Under the law of Connecticut a violation of a statute designed for the protection of the public is in itself negligence irrespective of whether the conduct which constitutes the […]

296 A.2d 909 HOWARD LACES, INC. v. COLBY FOOTWEAR, INC. COLBY FOOTWEAR, INC. v. HOWARD LACES, INC. No. 6321.Supreme Court of New Hampshire Plaistow District Court. Decided November 3, 1972. 1. In the absence of a record of testimony, the supreme court could not rule as a matter of law that a district court erred […]

369 A.2d 618 MAURICE BEAUDOIN a. v. RYE BEACH VILLAGE DISTRICT No. 7299Supreme Court of New Hampshire Rockingham Decided December 30, 1976 1. Evidence in addition to that presented to a zoning board of appeals may be introduced in the superior court on a zoning appeal, but there is no trial de novo allowing the […]

363 A.2d 417 ZOE ARAPAGE a. v. GERTRUDE M. ODELL No. 7255Supreme Court of New Hampshire Hillsborough Decided August 31, 1976 1. The purpose of reading a statute in a charge is to provide the jury with a standard of conduct. 2. The challenged instruction on liability did not suggest to the jury an interpretation […]

3 A.2d 105 STATE v. JAMES F. GOONAN. Supreme Court of New Hampshire Rockingham. Decided December 6, 1938. The question whether criminal intent is a necessary element of a statutory offense is one of statutory construction. By the statute of bigamy (P. L., c. 386, ss. 5, 6) the respondent’s reasonable belief that he has […]

607 A.2d 606 APPEAL OF BIO ENERGY CORP. (New Hampshire Department of Labor) No. 91-148Supreme Court of New Hampshire Department of Labor Decided May 5, 1992 1. Statutes — Construction and Application — Purpose Statutes are construed so as to effectuate their evident purpose. 2. Labor Relations — Whistleblowers’ Protection Act — Employees Protected Whenever […]

399 A.2d 290 NEW HAMPSHIRE HIGHWAY HOTEL, INC. v. CITY OF CONCORD No. 78-161Supreme Court of New Hampshire Merrimack Decided March 7, 1979 1. Taxation — Appraisal and Assessment — Abatements In proceedings on hotel corporation’s petition for abatement of real estate taxes, city was real party in interest. RSA 76:16-a II, :17 (Supp. 1977). […]

843 A.2d 309 THE STATE OF NEW HAMPSHIRE v. EARLE K. FOX, III. No. 2003-032.Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued: January 7, 2004. Opinion Issued: March 4, 2004. 1. Offenses — Particular Crimes — Felon in Possession of Weapon In a prosecution of defendant for being a felon in possession of a firearm, […]

319 A.2d 284 RICHARD P. GREEN a. v. JOHN SHAW a. No. 6757Supreme Court of New Hampshire Strafford Decided April 30, 1974 1. The filing of diffuse and prolix pleadings is not recommended. 2. Taxpayers of a municipality have standing to seek redress in equity for the unlawful acts of their public officials without having […]

564 A.2d 439 THE STATE OF NEW HAMPSHIRE v. LEONARD KULIKOWSKI, JR. No. 88-383Supreme Court of New Hampshire Hillsborough Decided October 6, 1989 1. Sexual Assault — Aggravated Felonious Sexual Assault — Elements Under aggravated felonious sexual assault statute, although the threat to use physical violence or superior physical strength and the sexual penetration must […]

606 A.2d 802 ADKIN PLUMBING HEATING SUPPLY CO., INC. v. TYLER P. HARWELL No. 90-247Supreme Court of New Hampshire Rockingham Decided April 24, 1992 1. Pleading — Motion To Dismiss — Tests and Standards On appeal of a motion to dismiss a counterclaim, defendant’s version of the facts must be accepted as true. 2. Attorney […]

490 A.2d 784 MORGENROTH ASSOCIATES, INC. v. THE STATE OF NEW HAMPSHIRE TOWNS OF TILTON AND NORTHFIELD v. THE STATE OF NEW HAMPSHIRE No. 83-462Supreme Court of New Hampshire Merrimack Decided March 20, 1985 1. Res Judicata — Generally Heart of doctrine of res judicata is that final judgment by court of competent jurisdiction is […]

648 A.2d 209 THE STATE OF NEW HAMPSHIRE v. DAVID PAGLIERANI No. 93-284Supreme Court of New Hampshire Strafford Decided September 26, 1994 1. Appeal and Error — Preservation of Questions — Failure to Make Specific Objections Where defendant failed to make specific objection to legal definition of “member of the same household” in application of […]

660 A.2d 1110 ROBERT ARSENAULT a. v. DANIEL SCANLON a. No. 93-758Supreme Court of New Hampshire Rockingham Decided June 9, 1995 1. Pleading — Amendment of Pleadings — Discretion of Court While amendment of pleadings is liberally permitted, the court will not overturn the denial of such a request absent an abuse of discretion. RSA […]

541 A.2d 208 In re NEW HAMPSHIRE DISABILITIES RIGHTS CENTER, INC. No. 86-492Supreme Court of New Hampshire Original Decided March 10, 1988 1. Attorney and Client — Unauthorized Practice — Statutes Any statutory exception to prohibition against law practice in corporate form must be treated as an act in derogation of the common law, to […]

106 A.2d 389 ELIHU T. ADAMS v. GEORGE MELLIAN AND SUN VALLEY BEACH, INC. No. 4292.Supreme Court of New Hampshire Rockingham.Argued April 7, 1954. Decided July 1, 1954. The Superior Court has no authority either by statute or common law to establish a boundary line where the location is in dispute between the parties unless […]

430 A.2d 187 OPINION OF THE JUSTICES No. 81-143Supreme Court of New Hampshire Request of the Senate Decided May 26, 1981 1. Courts — Supreme Court — Advisory Opinions If a Senate resolution requesting the opinion of the justices had related to a specific, pending legislative proposal, the justices would have been required by the […]

821 A.2d 983 TRANSMEDIA RESTAURANT COMPANY, INC. v. THERESA DEVEREAUX a. No. 2001-425Supreme Court of New Hampshire RockinghamArgued January 8, 2003 Opinion Issued May 2, 2003 1. Appeal and Error — Preservation of Questions — Failureto Raise Below Both parties had a duty to ensure that the instructions given to the jury conformed to the […]

159 A.2d 160 LOUIS C. WYMAN, Attorney General v. WILLARD UPHAUS. No. 4829.Supreme Court of New Hampshire Merrimack.Argued March 1, 1960. Decided March 31, 1960. 1. The jurisdiction of the Superior Court (RSA 491:19, 20) to issue an order of committal for refusal to comply with subpoenas duces tecum served in the course of a […]

333 A.2d 713 TIMBERLANE REGIONAL EDUCATION ASSOCIATION a. v. STATE OF NEW HAMPSHIRE a. No. 6976Supreme Court of New Hampshire Merrimack Decided February 28, 1975 1. For the supreme court to disregard apparent mootness, there must be some pressing interest, such as the avoidance of future litigation. 2. The supreme court held that in the […]