419 A.2d 1093 MILFORD PROPERTIES, INC. v. TOWN OF MILFORD No. 79-396Supreme Court of New Hampshire Hillsborough Decided September 10, 1980 1. Taxation — Appraisal and Assessment — Burden of Proof Where there was no evidence that town had used 72% equalization ratio in 1974, it was incumbent upon plaintiff/taxpayer to establish the actual ratio […]
Category: New Hampshire Court Opinions
STATE v. PAGLIERANI, 139 N.H. 37 (1994)
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 […]
PALMER a. v. DREW, 59 N.H. 594 (1879)
PALMER a. v. DREW. Supreme Court of New Hampshire Carroll. June, 1879. Pease and Copeland, for the plaintiffs. Hobbs, for the defendant. DOE, C.J. The case having been referred with an agreement that the award should be final, the defendant is not entitled to a jury trial. No exceptions were taken at the trial, and […]
ARSENAULT v. SCANLON, 139 N.H. 592 (1995)
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 […]
STATE v. SHARKEY, 155 N.H. 638 (2007)
THE STATE OF NEW HAMPSHIRE v. BRIAN SHARKEY. No. 2006-085.Supreme Court of New Hampshire Laconia District Court.Submitted on Briefs: May 23, 2007. Opinion Issued: July 13, 2007. 1. Criminal Law — Arraignment and Pleas —Plea of Guilty When a defendant moves to withdraw a prior guilty plea, he has the burden to prove that his […]
SHERBURNE v. TEBBETTS, 62 N.H. 691 (1877)
SHERBURNE v. TEBBETTS. Supreme Court of New Hampshire Merrimack. Decided December, 1877. One may break his covenant by disabling himself to perform it. DEBT, on a bond conditioned to convey to the plaintiff a tract of land. Plea, non est factum, with a brief statement of performance. Facts found by the court. I. A. Eastman […]
IN RE N.H. DISABILITIES RIGHTS CENTER, INC., 130 N.H. 328 (1988)
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 […]
ADAMS v. MELLIAN, 99 N.H. 140 (1954)
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 […]
OPINION OF THE JUSTICES, 121 N.H. 423 (1981)
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 […]
TRANSMEDIA RESTAURANT CO. v. DEVEREAUX, 149 N.H. 454 (2003)
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 […]
WYMAN v. UPHAUS, 102 N.H. 461 (1960)
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 […]
MANNING v. MANCHESTER MILLS, 70 N.H. 582 (1900)
49 A. 91 MANNING v. MANCHESTER MILLS. Supreme Court of New Hampshire Hillsborough. Decided December, 1900. If a master furnishes his servants with sufficient tools and appliances to carry on the work they are required to perform, he is not liable for an injury to one of them resulting from the failure of fellow-servants to […]
TIMBERLANE REGIONAL EDUC. ASS’N v. STATE, 115 N.H. 77 (1975)
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 […]
ATTORNEY-GENERAL v. LOWELL, 67 N.H. 198 (1892)
38 A. 270 ATTORNEY-GENERAL v. LOWELL a. Supreme Court of New Hampshire Strafford. Decided June, 1892. Under the statute it is the duty of city councils to elect fire engineers; and a city ordinance delegating that duty to other municipal officers is void. A city ordinance, void in one of its material provisions, is wholly […]
STATE v. CHASE, 135 N.H. 209 (1991)
600 A.2d 931 THE STATE OF NEW HAMPSHIRE v. FRED CHASE No. 90-410Supreme Court of New Hampshire Hillsborough Decided December 31, 1991 1. Constitutional Law — Right to Effective Counsel — Standard of Competence The standard for measuring attorney performance, under the right to counsel provisions of both the Federal and State Constitutions, is one […]
BANK v. SHOE FASTENING CO., 67 N.H. 371 (1892)
40 A. 255 NATIONAL REVERE BANK v. BAY STATE SHOE FASTENING CO., and RICHARDSON, Tr. Supreme Court of New Hampshire Hillsborough. Decided December, 1892. The purchaser of goods for cash upon delivery is not chargeable as the trustee of the vendor, in process of foreign attachment. Page 372 FOREIGN ATTACHMENT. Facts found by the court. […]
STATE v. NAUD, 73 N.H. 531 (1906)
63 A. 673 STATE v. NAUD a. Supreme Court of New Hampshire Hillsborough. Decided April 3, 1906. A person who has been arraigned upon a criminal charge and is awaiting the action of the grand jury has no right to take depositions under section Public Statutes. PETITION, for the correction of alleged error in the […]
STATE v. JACOBSON, 125 N.H. 838 (1984)
495 A.2d 1245 THE STATE OF NEW HAMPSHIRE v. KURT JACOBSON No. 84-287Supreme Court of New Hampshire New London District Court Decided December 31, 1984 Motor Vehicles — Sentence of Enhancement — Use of Uncounselled Conviction Defendant’s prior uncounselled conviction for driving while intoxicated, first offense, may constitutionally be used to expose him to a […]
HOWARD v. HOWARD, 124 N.H. 267 (1983)
469 A.2d 1318 ALMA M. HOWARD v. RAYMOND J. HOWARD, JR. No. 82-205Supreme Court of New Hampshire Rockingham Decided December 16, 1983 1. Appeal and Error — Findings — Master’s Findings The supreme court will not reverse the master merely because he did not make detailed findings of fact. 2. Trial — Findings — General […]
FLACK v. AGENCY, 96 N.H. 335 (1950)
76 A.2d 788 RUSSELL J. FLACK, Collector v. BYSE AGENCY, INC. No. 3949.Supreme Court of New Hampshire Belknap. Decided November 8, 1950. There is no statutory provision creating a tax lien upon personal property or providing that such property shall be holden for taxes. Taxes are not a lien unless made so by statute. A […]
GRANT v. NELSON, 100 N.H. 220 (1956)
122 A.2d 925 ARTHUR J. GRANT, Adm’r v. GEORGE F. NELSON, Assignee a. No. 4469.Supreme Court of New Hampshire Hillsborough.Argued May 1, 1956. Decided May 31, 1956. In the construction of a will, the testator’s intention is to be determined not from isolated passages but from the instrument as a whole. A gift of the […]
SIMPSON v. BANK, 68 N.H. 289 (1895)
38 A. 1005 SIMPSON a. v. PEMIGEWASSET NATIONAL BANK. Supreme Court of New Hampshire Belknap. Decided June, 1895. If money entrusted to the mails is stolen after arrival at its destination, an addressee who has declined to take it from the post-office is not liable to the sender on An implied assumpsit. ASSUMPSIT, for money […]
McCAFFERY v. ST. PAUL FIRE INS. CO., 108 N.H. 373 (1967)
236 A.2d 490 DIANE R. McCAFFERY v. ST. PAUL FIRE MARINE INSURANCE CO. No. 5637.Supreme Court of New Hampshire Rockingham.Argued November 7, 1967. Decided December 29, 1967. 1. In construing a policy of insurance the test to be applied is what a reasonable person in the position of the insured would understand the policy to […]
HANEY v. BURGIN, 106 N.H. 213 (1965)
208 A.2d 448 LAWRENCE H. HANEY v. WILLIAM T. BURGIN. No. 5281.Supreme Court of New Hampshire Grafton.Argued December 2, 1964. Decided March 31, 1965. 1. In an action for personal injuries sustained in a motor vehicle collision, the granting of plaintiff’s successive motions to increase the ad damnum in his writ based on developments disclosed […]
PETITION OF STATE EMPLOYEES’ ASSOCIATION OF N. H., 161 N.H. 476 (2011)
20 A.3d 269 PETITION OF STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE (New Hampshire Retirement System). No. 2010-162.Supreme Court of New Hampshire. Original.Argued: November 17, 2010. Opinion Issued: February 23, 2011. 1. Public Employees — Retirement System — Practice and Procedure Because the chapter pertaining to the New Hampshire Retirement System does not provide for judicial […]
WHITING v. SUSSMAN, 78 N.H. 486 (1917)
102 A. 539 HAZEN L. WHITING v. HARRY SUSSMAN. HARRY SUSSMAN v. HAZEN L. WHITING. Supreme Court of New Hampshire Rockingham. Decided November 6, 1917. The court, in the exercise of its power to interrogate the jury to ascertain whether case has been properly tried, may, upon setting aside their verdict, resubmit the case to […]
MOORE v. INSURANCE CO., 62 N.H. 240 (1882)
MOORE v. PHOENIX INSURANCE COMPANY. Supreme Court of New Hampshire Grafton. Decided June, 1882. A policy rendered void by the violation of a condition that the insured building shall not be unoccupied for a period of more than ten days without the insurer’s consent indorsed on the policy, is not revived by the subsequent occupation […]
KELLEY v. SIMONDS, 57 N.H. 308 (1876)
KELLEY v. SIMONDS. Supreme Court of New Hampshire FROM MERRIMACK CIRCUIT COURT. Decided August 11, 1876. Practice under the reference law of 1874. Ray v. Austin, 56 N.H. 36, affirmed. FROM MERRIMACK CIRCUIT COURT. This action, at the April term, 1875, was referred by order of court to a referee, under the statute of 1874, […]
NEW ENGLAND HOMES v. R.J. GUARNACCIA IRREVOCABLE TRUST, 150 N.H. 732 (2004)
846 A.2d 502 NEW ENGLAND HOMES, INC. v. R.J. GUARNACCIA IRREVOCABLE TRUST a. Nos. 2003-271, 2003-272.Supreme Court of New Hampshire RockinghamArgued: November 6, 2003. Opinion Issued: April 16, 2004. 1. Labor — Compensation — Particular Matters A person employed on a commission basis to solicit sales orders is entitled to his commission when the order […]
STATE v. McGANN, 122 N.H. 542 (1982)
447 A.2d 128 THE STATE OF NEW HAMPSHIRE v. MICHAEL McGANN No. 81-297Supreme Court of New Hampshire Cheshire Decided June 11, 1982 Appeal and Error — Findings — Supporting Evidence It is the fact-finder’s function to weigh conflicting evidence and to assess its credibility, and where the evidence supported the trial court’s findings to determine […]
THAYER v. INSURANCE CO., 68 N.H. 577 (1896)
41 A. 182 THAYER v. STANDARD LIFE AND ACCIDENT INSURANCE CO. Supreme Court of New Hampshire Hillsborough. Decided June, 1896. In an action upon a policy insuring against loss of time resulting from bodily injuries which wholly disable the insured from “transacting any and every kind of business” pertaining to his occupation, the insured is […]
STATE v. BEAN, 120 N.H. 946 (1980)
424 A.2d 414 THE STATE OF NEW HAMPSHIRE v. GERARD J. BEAN, JR. No. 80-088Supreme Court of New Hampshire Merrimack Decided December 31, 1980 1. Searches and Seizures — Reasonable Searches and Seizures — Without Warrant Warrantless seizure of defendant’s automobile by police did not violate defendant’s fourth amendment rights since at time of defendant’s […]
HARRY P. v. SHERIDAN, 129 N.H. 391 (1987)
529 A.2d 894 HARRY P. a. v. JOHN J. SHERIDAN, ADMINISTRATOR, a. No. 87-090Supreme Court of New Hampshire Merrimack Decided June 3, 1987 Infants — Correctional Facilities — Population Superior court order providing that the population at the Youth Development Center (YDC) was not to exceed 107 juveniles under any circumstances at any time was […]
CARLE’S MOTORCYCLE SHOP, INC. v. JOHNSON, 113 N.H. 77 (1973)
301 A.2d 335 CARLE’S MOTORCYCLE SHOP, INC. v. CARLE A. JOHNSON AND ESTELLE JOHNSON No. 6477Supreme Court of New Hampshire Belknap Decided February 28, 1973 1. Equity does not restrict relief to that sought by a plaintiff. 2. A decree for specific equitable relief is not a matter of right to which a party is […]
WALKER v. TOWN OF GOFFSTOWN, 122 N.H. 691 (1982)
448 A.2d 428 P. DAVID WALKER v. TOWN OF GOFFSTOWN No. 81-382Supreme Court of New Hampshire Hillsborough Decided July 14, 1982 1. Zoning — Appeals From Board of Adjustment — Burden of Proof Trial court properly overruled decision of board of adjustment granting a zoning exception to property owner who sought to convert a barn […]
CLARK v. MANCHESTER, 113 N.H. 270 (1973)
305 A.2d 668 ROBERT CLARK v. CITY OF MANCHESTER a. No. 6565Supreme Court of New Hampshire Hillsborough Decided May 31, 1973 1. Purpose of a probationary period in public employment is to give the appointing authority an opportunity to observe and evaluate an employee’s capacity, ability, and willingness to perform his assigned tasks under actual […]
PHINNEY v. LEVINE, 116 N.H. 379 (1976)
359 A.2d 636 BETTY PHINNEY v. HERBERT R. LEVINE No. 7215Supreme Court of New Hampshire Strafford Decided June 30, 1976 1. Claims on construction contracts are subject to a six-year statute of limitations; mortgages are subject to a twenty-year limitations period. 2. In this State, separate remedies are available to enforce a note and the […]
STATE v. LAMPREY, 149 N.H. 364 (2003)
821 A.2d 1080 THE STATE OF NEW HAMPSHIRE v. NANCY LAMPREY No. 2002-036Supreme Court of New Hampshire MerrimackArgued February 13, 2003 Opinion Issued April 23, 2003 1. Criminal Law — Generally — Causation To establish causation, the State needed to prove not only that the prohibited result would not have occurred but for the conduct […]
HODGES v. COMPANY, 81 N.H. 101 (1923)
122 A. 794 EDGAR C. HODGES v. J. SPAULDING SONS CO. Supreme Court of New Hampshire Strafford. Decided June 28, 1923. A master is not liable at common law for the negligent act of a fellow-servant of an employee injured thereby unless such fellow-servant had been negligent so frequently on other occasions or under such […]
PALMER v. NAN KING RESTAURANT, INC., 147 N.H. 681 (2002)
798 A.2d 583 GEORGIA PALMER v. NAN KING RESTAURANT, INC. No. 2001-032Supreme Court of New Hampshire Hillsborough-southern judicial districtArgued: February 13, 2002 Opinion Issued: May 7, 2002 1. Negligence — Damages — Emotional Distress Regardless of physical impact, in order to recover for emotional distress under a traditional negligence theory, plaintiff must demonstrate physical symptoms […]
FFROST v. BUTLER, 58 N.H. 146 (1877)
FFROST v. BUTLER. Supreme Court of New Hampshire Strafford. Decided August, 1877. A plea to a writ of entry on a mortgage given to secure the joint and several note of B and C, that the defendant tendered to the plaintiff one half the amount of the note, is bad, unless it contains an allegation […]
STATE v. DOE, 115 N.H. 682 (1975)
371 A.2d 167 STATE OF NEW HAMPSHIRE v. JOHN DOE No. 7331Supreme Court of New Hampshire Merrimack Decided December 3, 1975 1. The oral evidence given under oath before the search warrant was issued could be considered along with that contained in the affidavit. 2. The sufficiency of the evidence furnished to the judge issuing […]
PERKINS v. COMPANY, 93 N.H. 459 (1945)
45 A.2d 210 EVERETT G. PERKINS a. v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE a. No. 3509.Supreme Court of New Hampshire Merrimack Decided December 4, 1945. In a petition by a dissenting stockholder seeking the determination of the value of his stock retired under liquidation proceedings (R. L., c. 289, ss. 28, 30; c. 296, […]
DROP ANCHOR REALTY TRUST v. HARTFORD FIRE INS. CO., 126 N.H. 674 (1985)
496 A.2d 339 DROP ANCHOR REALTY TRUST CHARLOTTE MARSHALL, TRUSTEE v. HARTFORD FIRE INSURANCE COMPANY a. No. 83-392Supreme Court of New Hampshire Rockingham Decided July 1, 1985 1. Verdict — Directed Verdict — Burden of Proof A defendant is entitled to a directed verdict if the plaintiff offers no evidence from which reasonable men can […]
STATE v. PALMER, 65 N.H. 216 (1889)
20 A. 6 STATE v. PALMER. Supreme Court of New Hampshire Rockingham. Decided December, 1889. Evidence which is competent upon other grounds is not excluded because it tends to show that the defendant has committed other crimes than that for which he is on trial. Evidence tending to show a motive for the commission of […]
CHISHOLM v. ULTIMA NASHUA INDUS. CORP., 150 N.H. 141 (2003)
834 A.2d 221 DONALD P. CHISHOLM, JR. v. ULTIMA NASHUA INDUSTRIAL CORPORATION a. No. 2002-456.Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued: July 10, 2003. Opinion Issued: October 14, 2003. 1. Labor — Employment Contracts — Particular Cases There was sufficient evidence upon which a trier of fact could find that the elements of contract […]
STREIT v. CALLAHAN, 122 N.H. 244 (1982)
444 A.2d 495 WILLIAM J. STREIT a. v. MICHAEL F. CALLAHAN d/b/a CALLAHAN CONSTRUCTION, INC. No. 81-208Supreme Court of New Hampshire Hillsborough Decided March 10, 1982 1. Municipal Ordinances — Building Code — Compliance The issuance of a certificate of occupancy is not conclusive on the issue of compliance with a town building code, and […]
LAMPHIRE v. STATE, 73 N.H. 463 (1906)
62 A. 786 LAMPHIRE a. v. STATE. Supreme Court of New Hampshire Grafton. Decided January 2, 1906. The fact that the sureties in a recognizance are prevented from surrendering the principal by reason of his voluntary enlistment in the United States navy without their knowledge does not furnish sufficient ground for their discharge, under section […]
HANCOCK v. R.A. EARNHARDT TEXTILE MACH. DIV., 139 N.H. 356 (1995)
653 A.2d 558 STEVEN HANCOCK v. R.A. EARNHARDT TEXTILE MACHINERY DIVISION, INC. a. No. 93-212Supreme Court of New Hampshire Strafford Decided January 31, 1995 1. Verdict — Withdrawal of Issues from Jury — Directing a Verdict A motion for directed verdict may be granted only if the trial court determines, after considering the evidence and […]
STATE v. PIPER, 70 N.H. 282 (1900)
47 A. 703 STATE (ex rel. HUBBARD a.) v. PIPER a. Supreme Court of New Hampshire Rockingham. Decided June, 1900. An injunction cannot be ordered against the maintenance of a liquor nuisance in premises other than those described in the petition. PETITION, under section 5, chapter 205, of the Public Statutes, as amended by chapter […]
BRODY v. GILBERT, 82 N.H. 158 (1925)
131 A. 142 CHARLES BRODY v. JOHN GILBERT. Supreme Court of New Hampshire Coos. Decided November 3, 1925. The statutory provision requiring the driver of an automobile to slow down and give a signal upon approaching any intersecting way, or curve or corner in a way, is designed for the protection of travelers approaching on […]
BAER v. ROSENBLATT, 108 N.H. 368 (1967)
237 A.2d 130 FRANK P. BAER v. ALFRED D. ROSENBLATT. No. 5627.Supreme Court of New Hampshire Belknap.Argued September 6, 1967. Decided December 29, 1967. 1. In a libel action remanded by the United States Supreme Court (Rosenblatt v. Baer, 383 U.S. 75) to afford the plaintiff an opportunity to adduce proof that his claim falls […]
LAVIGNE v. WILKINSON, 80 N.H. 221 (1921)
116 A. 32 GEORGE LAVIGNE v. EVA L. WILKINSON. Supreme Court of New Hampshire Belknap. Decided December 6, 1921. The rights of relatives respecting the care and control of the remains of their dead are a matter of equity jurisdiction and are to be ascertained by a determination of what is reasonable under all the […]
COUTURE v. COUTURE, 124 N.H. 500 (1984)
471 A.2d 1191 ROLAND W. COUTURE v. PRISCILLA L. COUTURE No. 83-075Supreme Court of New Hampshire Coos Decided February 16, 1984 1. Divorce — Alimony — Modification or Vacation The statute governing alimony clearly makes the rule limiting alimony to a three-year duration applicable to alimony awards in cases “in which no children are involved.” […]
MATHENA v. GRANITE STATE INS. CO., 129 N.H. 249 (1987)
525 A.2d 284 DANIEL MATHENA, AS ADM’R OF THE ESTATE OF CHARLES MATHENA v. GRANITE STATE INSURANCE COMPANY No. 85-553Supreme Court of New Hampshire Strafford Decided April 3, 1987 1. Insurance — Automobile Policies — Law Governing Policy Where insurance policy was originally issued in Maine and covered a Maine resident’s vehicle which was registered […]
SMITH v. COMPANY, 80 N.H. 299 (1922)
117 A. 11 OTIS J. SMITH, Adm’r, v. MASON-PERKINS PAPER CO. a. Supreme Court of New Hampshire Merrimack. Decided February 7, 1922. In an action at common law by a servant against his master for injuries received in the work, the burden of proving non-assumption of the risk is upon the employee. CASE, to recover […]
IN RE NOAH W., 148 N.H. 632 (2002)
813 A.2d 365 In re NOAH W. No. 2001-523Supreme Court of New Hampshire Cheshire County Probate CourtArgued May 8, 2002 Opinion Issued December 13, 2002 1. Parent and Child—Termination of Parental Rights—Evidence Since the legislature had already established the standard for admission of evidence in termination proceedings throughout the statute governing hearings in such proceedings, […]
APPEAL OF UNIV. SYSTEM OF N.H. BD., TR., 147 N.H. 626 (2002)
795 A.2d 840 APPEAL OF THE UNIVERSITY SYSTEM OF NEW HAMPSHIRE BOARD OF TRUSTEES No. 2000-335Supreme Court of New Hampshire Public Employee Labor Relations BoardArgued: November 14, 2001 Opinion Issued: April 19, 2002 1. Judgments — Res Judicata — Particular Cases In prior proceedings on the certification as a bargaining unit of adjunct teaching faculty […]
JOANN P. v. GARY W., 122 N.H. 104 (1982)
441 A.2d 1161 JOANN P. v. GARY W. No. 81-190 No. 81-198Supreme Court of New Hampshire Hillsborough Decided February 12, 1982 1. Illegitimates — Support Where the trial court ordered the father of a child born out of wedlock to pay $100 each week through the State Probation Department for the support of the minor […]
KENISON v. DUBOIS, 152 N.H. 448 (2005)
879 A.2d 1161 TERRY W. KENISON AND DIANA L. KENISON, CO-ADMINSTRATORS OF THE ESTATE OF BRODY J. KENISON v. ANDRE DUBOIS a. No. 2004-815.Supreme Court of New Hampshire Coos.Argued: April 20, 2005. Opinion Issued: July 18, 2005. 1. Statutes — Maxims and Rules of Construction — Statutes InDerogation of Common Law New Hampshire follows the […]
STATE v. HANNAN, 137 N.H. 612 (1993)
631 A.2d 531 THE STATE OF NEW HAMPSHIRE v. JEFFRY R. HANNAN No. 92-282Supreme Court of New Hampshire Belknap Decided September 22, 1993 1. Criminal Law — Right to Fair Trial — Absence or Presence of Defendant Defendant’s right under the State Constitution to be present at trial derives from the specific guarantees to produce […]
FLETCHER v. CHAMBERLIN, 61 N.H. 438 (1881)
FLETCHER v. CHAMBERLIN. Supreme Court of New Hampshire Grafton. Decided December, 1881. Strict foreclosure of a warranty mortgage of a tract of land perfects the warranted title by barring the mortgagor’s right of redemption (G. L., c. 136, s. 14), and terminating the conditional character of the conveyance. The deed, made absolute by foreclosure, continues […]
TYLER v. RAILROAD, 68 N.H. 331 (1895)
44 A. 524 TYLER, Adm’x, v. CONCORD MONTREAL RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided June, 1895. In an action for causing the death of a pedestrian at a grade crossing, evidence that notice given of an approaching train resembled annoying conduct to which the deceased had been subjected at the same place on […]
ATTITASH MT. SERVICE CO. v. SCHUCK, 135 N.H. 427 (1992)
605 A.2d 1067 ATTITASH MOUNTAIN SERVICE COMPANY v. CHRISTOPHER J. SCHUCK No. 90-532Supreme Court of New Hampshire Carroll Decided April 2, 1992 1. Constitutional Law — Disposition on Other Grounds On appeal from decision upholding wage claim award, court would first address claims concerning violation of statutory and administrative regulations and address due process claims […]
OPINION OF THE JUSTICES, 118 N.H. 347 (1978)
387 A.2d 333 OPINION OF THE JUSTICES No. 78-102Supreme Court of New Hampshire Request of House of Representatives Decided May 15, 1978 1. Schools and School Districts — Eligibility for Public Education — Resident on Federal Military Installation Fact that a minor child resides on a federal military installation does not mean that he or […]
CONNOLLY a. v. BANK, 92 N.H. 89 (1942)
25 A.2d 412 SUSANNA CONNOLLY a. v. MANCHESTER SAVINGS BANK. No. 3306.Supreme Court of New Hampshire Hillsborough. Decided March 3, 1942. To establish an account stated, there must be an assent, express or implied, to the correctness of the balance struck. It is not essential that the account shall be stated in any particular form […]
MOORE v. DAILEY, 97 N.H. 278 (1952)
86 A.2d 342 ANNA A. MOORE v. WILLIAM E. DAILEY a. No. 4076.Supreme Court of New Hampshire Rockingham. Decided February 5, 1952. Trustee process does not lie against the State in the absence of an express or clearly implied waiver of its immunity. CASE, to recover for personal injuries and property damage. The plaintiff brought […]
SENTER v. MacLEOD, 102 N.H. 258 (1959)
154 A.2d 698 VIOLET M. SENTER a. v. ROBERT P MacLEOD a. No. 4762.Supreme Court of New Hampshire Hillsborough.Argued September 2, 1959. Decided October 6, 1959. 1. The denial of workmen’s compensation benefits to dependents of an employee who died as the result of over-inhalation of carbon tetrachloride in his own home was justified where […]
STATE v. VADNAIS, 141 N.H. 68 (1996)
677 A.2d 155 THE STATE OF NEW HAMPSHIRE v. LEO VADNAIS No. 94-578Supreme Court of New Hampshire Hillsborough-northern judicial district Decided May 29, 1996 1. Search and Seizure — Generally — Investigatory Stops In order for a police officer to undertake an investigatory stop, the suspect’s conduct and other specific facts must create a “significant […]
PRESTON v. CUTTER, 63 N.H. 616 (1884)
PRESTON, Adm’r, v. CUTTER, Ex’r, Ap’t. PRESTON, Adm’r, v. MONROE a., Ap’ts. Supreme Court of New Hampshire Hillsborough. Decided June, 1884. G. B. French and Jeremiah Smith, for the plaintiff. E. S. H. C. Cutter, for the defendants. Page 617 SMITH, J. We decline to express any opinion on the case as now presented. The […]
INSURANCE CO. v. THOMPSON, 68 N.H. 20 (1894)
40 A. 396 AETNA INSURANCE CO. v. THOMPSON, Assignee, a. Supreme Court of New Hampshire Belknap. Decided June, 1894. If a mortgagor is bound by covenant or otherwise to insure the mortgaged property for the security of the mortgagee, the latter has an equitable lien on the money due on a policy taken out by […]
BAILEY v. SWEENEY, 64 N.H. 296 (1886)
9 A. 543 BAILEY v. SWEENEY. Supreme Court of New Hampshire Sullivan. Decided December, 1886. A railroad corporation have no right, as against the owner of the soil, to give away hay cut by their servants upon land within the limits of their location. TRESPASS AND TROVER, for taking and carrying away three tons of […]
STATE v. BRUNS, 156 N.H. 708 (2008)
STATE FARM INSURANCE COMPANY v. WILLIAM BRUNS AND DIANE BRUNS. No. 2007-079.Supreme Court of New Hampshire. Rockingham.Argued: January 16, 2008. Opinion Issued: February 13, 2008. 1. Insurance — Parties; Rights and Duties — Insurer’s Duty to Settle and Defend An insurer’s obligation to defend its insured is determined by whether the cause of action against […]
STATE v. WOOD, 150 N.H. 233 (2003)
836 A.2d 771 THE STATE OF NEW HAMPSHIRE v. THOMAS WOOD. No. 2002-410.Supreme Court of New Hampshire StraffordArgued: October 8, 2003. Opinion Issued: November 10, 2003. 1. Criminal Law — Prosecutorial Conduct — Trial Conduct A prosecutor’s actions may constitute misconduct when, either intentionally or through gross negligence, the prosecutor produced a situation in which […]
JONES v. JONES, 66 N.H. 198 (1890)
20 A. 929 JONES v. JONES a. Supreme Court of New Hampshire Rockingham. Decided June, 1890. The discharge of a mortgage by one whose only right in it is a naked trust raised by implication of law, has no effect as against the cestui que trust. BILL IN EQUITY, to set aside a discharge of […]
ROBIN v. BARTLETT, 64 N.H. 426 (1887)
13 A. 645 ROBIN v. BARTLETT. Supreme Court of New Hampshire Carroll. Decided December, 1887. Whether the place where damage was received on a highway is sufficiently described in a statement filed in compliance with the statute, is ordinarily a question for the court; whether the damage was received at the place described, is for […]
HOAG v. HOAG, 55 N.H. 172 (1875)
HOAG v. HOAG. Supreme Court of New Hampshire Carroll. Decided March 11, 1875. A commenced a suit against B, and summoned himself, in the capacity of administrator of the estate of C, as trustee. Held, that he could not be charged as such trustee; — held, also, that the action against the principal defendant would […]
COULOMBE v. EASTMAN, 75 N.H. 531 (1910)
77 A. 936 COULOMBE v. EASTMAN. Supreme Court of New Hampshire Coos. Decided October 4, 1910. A creditor of a corporation who seeks to enforce the individual liability of an officer under sections 14 and 16, chapter 150, Public Statutes, may employ any suitable form of action, either legal or equitable. If an officer of […]
DOLCINO v. CLIFFORD, 114 N.H. 420 (1974)
321 A.2d 577 LUIGI DOLCINO v. PHYLLIS CLIFFORD No. 6834Supreme Court of New Hampshire Merrimack County Probate Court Decided June 28, 1974 1. Under RSA ch. 135-B (Supp. 1973), a judge of probate determines whether a mentally ill person’s liberty is to be curtailed. 2. RSA 135-B:37 (Supp. 1973) authorizes a judge of probate to […]
WENSLEY v. DIRECTOR, N.H. DIV. OF MOTOR VEHICLES, 140 N.H. 560 (1995)
669 A.2d 219 SCOTT F. WENSLEY v. DIRECTOR NEW HAMPSHIRE DIVISION OF MOTOR VEHICLES No. 94-535Supreme Court of New Hampshire Strafford Decided December 27, 1995 1. Highways — Motor Vehicles — Operating Under Influence None of the behavior described in the record constituted a refusal to take a blood alcohol concentration (BAC) test because, although […]
STRAFFORD SAVINGS BANK v. BRUCE, 122 N.H. 557 (1982)
448 A.2d 373 STRAFFORD SAVINGS BANK v. MARK R. BRUCE a. No. 81-032Supreme Court of New Hampshire Strafford Decided July 2, 1982 1. Bankruptcy — Construction of Laws — Questions of State Law Where sellers of house refused to pay real estate brokers’ commission at closing, and amount of commission was held by bank in […]
ROBBINS v. DUCEY a., 92 N.H. 182 (1942)
27 A.2d 106 ARTHUR E. ROBBINS v. ELLA LAMONT DUCEY a. No. 3334.Supreme Court of New Hampshire Rockingham. Decided June 24, 1942. As between a tenant for life and the remainderman, if the property be taxed to the latter and the former acquires a collector’s deed at a tax-sale, he will not be permitted to […]
STATE v. HAYCOCK, 146 N.H. 302 (2001)
771 A.2d 570 THE STATE OF NEW HAMPSHIRE v. JACK HAYCOCK. No. 98-482Supreme Court of New Hampshire Strafford Decided April 18, 2001 1. Assault and Battery — Evidence — Sufficiency Conviction of defendant of second degree assault vacated because the State presented no direct evidence that the defendant broke the victim’s nose, and the circumstantial […]
ASSOCIATION v. COMPANY, 67 N.H. 450 (1893)
39 A. 330 MEREDITH MECHANIC ASSOCIATION v. AMERICAN TWIST DRILL COMPANY. Supreme Court of New Hampshire Belknap. Decided June, 1893. Assumpsit may be maintained against a lessee holding under a sealed lease, the covenants of which have been broken, to recover for any beneficial use in excess of the damage resulting from a breach of […]
DORR v. LEACH, 58 N.H. 18 (1876)
DORR v. LEACH. Supreme Court of New Hampshire Carroll. Decided December, 1876. A suit on a mortgage, made by the defendant to the plaintiff, cannot be contested by a third person admitted to defend it, who claims a superior title not derived from either of the parties, and who cannot be affected by a judgment […]
SHAW v. ABBOTT, 60 N.H. 564 (1881)
SHAW v. ABBOTT. Supreme Court of New Hampshire Merrimack. Decided June, 1881. Claiming and exercising the right to open and close is not necessarily an assumption of the burden of proof. PETITION, to redeem land from a mortgage for $300, dated December 7, 1871. The plaintiff holds a mortgage on the premises dated May 30, […]
PARSHLEY v. GREEN, 58 N.H. 271 (1878)
PARSHLEY v. GREEN. Supreme Court of New Hampshire Merrimack. Decided March, 1878. A sled used by the debtor in drawing wood and timber, cut from his land, to market for sale, is exempt from attachment as a tool of his occupation, under Gen. St., c. 205, s. 2: a wagon, used only for convenience or […]
CANNING v. KNIGHTS, 71 N.H. 404 (1902)
52 A. 443 CANNING v. KNIGHTS Tr. Supreme Court of New Hampshire Coos. Decided May 7, 1902. A trustee in foreign attachment is chargeable for funds in his possession which were taken by him from the principal defendant, in good faith and for safe keeping, at a time when the latter was incapable of assenting […]
STATE v. MINER, 122 N.H. 86 (1982)
441 A.2d 1150 THE STATE OF NEW HAMPSHIRE v. STEVEN MINER No. 81-069Supreme Court of New Hampshire Merrimack Decided February 12, 1982 1. Criminal Law — State’s Burden of Proof — Elements of Offense Where an indictment charged that the defendant, believing his trial for assault and criminal threatening was pending before the district court, […]
BEDFORD v. RICE, 58 N.H. 227 (1877)
BEDFORD v. RICE ux. Supreme Court of New Hampshire Hillsborough. Decided December, 1877. A plea in abatement must be filed in the first court in which the defendant has an opportunity to file it. DEBT, to recover a penalty. The action was returnable to the police court of Manchester, under the provisions of c. 21, […]
WHITTIER v. WINKLEY, 62 N.H. 338 (1882)
WHITTIER v. WINKLEY a. Supreme Court of New Hampshire Rockingham. Decided December, 1882. The enjoyment of a way of necessity is ordinarily limited only by the necessity for its use in connection with all lawful uses of the land to which it is appurtenant, and not by the use made of the land at the […]
AMERICAN RED BALL TRANSIT CO. v. McCARTHY, 114 N.H. 514 (1974)
323 A.2d 897 AMERICAN RED BALL TRANSIT COMPANY, INC. v. CHRISTOPHER P. McCARTHY No. 6777Supreme Court of New Hampshire Hillsborough Decided July 30, 1974 1. A consignee of an interstate shipment of goods becomes liable for payment of shipping costs as a matter of law when, as owner of the goods, he accepts the shipment […]
CERTAIN UNDERWRITERS, LLOYD’S LON v. THE HOME INS, 146 N.H. 740 (2001)
783 A.2d 238 CERTAIN UNDERWRITERS AT LLOYD’S LONDON a. v. THE HOME INSURANCE COMPANY No. 99-473Supreme Court of New Hampshire Hillsborough-northern judicial district Decided September 6, 2001 1. Insurance — Parties; Rights and Duties — Reinsurers Because the reinsurer relies on the reinsured for information in order to properly assess the risks, the good faith […]
MILLIMET v. FIRST FED. SAVINGS LOAN ASSOC., 129 N.H. 526 (1987)
533 A.2d 328 JOSEPH MILLIMET, EXECUTOR OF THE ESTATE OF EDWARD ROY AND STUART J. STEELE v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LOWELL No. 86-517Supreme Court of New Hampshire Hillsborough Decided July 22, 1987 New Trial — Exclusion of Evidence — Particular Cases In an action for breach of a mortgage financing contract, […]
JOHNSON v. PRESCOTT, 67 N.H. 597 (1893)
43 A. 1075 JOHNSON v. PRESCOTT. Supreme Court of New Hampshire Merrimack. Decided June, 1893. TRESPASS, q. cl. Verdict for the defendant. The boundary line between the parties and the location of a corner were in dispute. A witness called by the defendant was permitted to testify, subject to exception, that on a survey of […]
STATE v. BATCHELLER, 66 N.H. 145 (1889)
19 A. 1090 STATE (ex rel. Blodgett a.) v. BATCHELLER a. Supreme Court of New Hampshire Cheshire. Decided December, 1889. A petition for the abatement of a nuisance, which does not show that the nuisance is maintained by the defendant, is bad on demurrer. PETITION, under Laws of 1887, c. 77, signed by twenty legal […]
KEENE STATE COLLEGE EDUC. ASS’N v. STATE, 119 N.H. 1 (1979)
396 A.2d 1099 KEENE STATE COLLEGE EDUCATION ASSOCIATION, NHEA/NEA v. THE STATE OF NEW HAMPSHIRE AND PUBLIC EMPLOYEE LABOR RELATIONS BOARD No. 7878Supreme Court of New Hampshire Public Employee Labor Relations Board Decided January 12, 1979 1. Colleges and Universities — Faculty — Collective Bargaining Where public employee labor relations board’s order not to count […]
STATE v. WINSLOW, 140 N.H. 319 (1995)
666 A.2d 946 THE STATE OF NEW HAMPSHIRE v. GEORGE D. WINSLOW No. 94-110Supreme Court of New Hampshire Portsmouth District Court Decided October 24, 1995 1. Highways — Motor Vehicles — Operating Under Influence Although defendant arrested for driving while intoxicated must be given an opportunity to request a breath test in addition to one […]
HORNE v. HUTCHINS, 71 N.H. 128 (1901)
51 A. 651 HORNE a. v. HUTCHINS. Supreme Court of New Hampshire Carroll Decided December 3, 1901. Where the owners of mills situated upon opposite sides of a stream are in dispute concerning their respective water rights, the controversy may be determined, and the privileges defined, by an award of arbitrators upon an oral submission […]
HEALY v. TELGE, 139 N.H. 407 (1995)
653 A.2d 1118 JOHN AND JUDY HEALY v. PETER TELGE a. No. 93-376Supreme Court of New Hampshire Rockingham Decided February 8, 1995 1. Sales — Warranties — Implied Warranty of Habitability While New Hampshire does recognize the existence of an implied warranty of habitability and workmanlike quality in the sale of a house, it is […]