113 A. 223 GEORGE B. FERNALD v. GEORGE L. FERNALD a. Supreme Court of New Hampshire Rockingham. Decided March 1, 1921. A bank deposit in the name of another, evidenced by a deposit book which remains in the possession and control of the depositor during his life, does not pass after his death as a […]
Category: New Hampshire Court Opinions
PETER SALVUCCI SONS INC. v. STATE, 110 N.H. 136 (1970)
268 A.2d 899 PETER SALVUCCI SONS, INC. v. STATE No. 5900Supreme Court of New Hampshire Merrimack Decided February 27, 1970 1. Where provisions in the State’s invitation to bid on a highway construction relating to White Mountain National Forest land could be found to be ambiguous as to whether materials could be obtained by widening […]
CHELLIS CO. v. RAILROAD, 79 N.H. 231 (1919)
106 A. 742 CHELLIS REALTY Co. v. BOSTON MAINE RAILROAD. CHARLES W. VADNEY v. SAME. Supreme Court of New Hampshire Sullivan. Decided May 6, 1919. Evidence that the engineer of a locomotive approaching a grade-crossing at the rate of twenty-five miles an hour, and more than 800 feet therefrom failed to stop his engine when […]
CARPENTER’S PETITION, 67 N.H. 574 (1893)
32 A. 773 CARPENTER’S PETITION. Supreme Court of New Hampshire Grafton. Decided December, 1893. On a petition to the court for the laying out of a highway, alleging that the selectmen have neglected and refused to lay it out, a landowner cannot for the first time contest the truth of the allegation after a trial […]
GRASSIE v. MERRIMACK MUT. FIRE INS. CO., 112 N.H. 143 (1972)
291 A.2d 254 BERNARD A. GRASSIE a. v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY. No. 6181.Supreme Court of New Hampshire Strafford. Decided April 28, 1972. 1. Watches insured by a comprehensive dwelling policy which were contained in the insured’s collection and displayed rather than used or worn were “watches”, whether or not operative, within the ordinary […]
ROWELL v. CONNER, 57 N.H. 323 (1876)
ROWELL v. CONNER. Supreme Court of New Hampshire FROM HILLSBOROUGH, PROBATE COURT. Decided August 11, 1876. Probate appeal. The two years within which a petition may be presented to this court for leave to appeal from the decree of the probate court begins to run from and after the expiration of the sixty days within […]
BOULIA-GORRELL LUMBER CO. v. COMPANY, 84 N.H. 174 (1929)
148 A. 28 BOULIA-GORRELL LUMBER Co. v. EAST COAST REALTY Co. Supreme Court of New Hampshire Rockingham. Decided December 3, 1929. Under P. L., c. 217, s. 15 a sub-contractor’s lien may exist to, but not beyond, the amount due to the contractor; if a contractor sees fit to release his own lien, the sub-contractor’s […]
BLENN v. MORRILL, 90 N.H. 109 (1939)
5 A.2d 42 GEORGE W. BLENN v. ALLEN D. MORRILL No. 3039Supreme Court of New Hampshire Rockingham Decided March 7, 1939 An essential element of an action for malicious prosecution is the institution of criminal proceedings against the plaintiff by formal action on the part of some official or tribunal. An action for false arrest […]
IN RE STAPLEFORD, 156 N.H. 260 (2007)
IN THE MATTER OF RICHARD L. STAPLEFORD AND CHERYL STAPLEFORD. No. 2006-730.Supreme Court of New Hampshire. Derry Family Division.Argued: June 7, 2007. Opinion Issued: September 28, 2007. 1. Divorce — Custody — Factors Considered The statute providing that “the court may give substantial weight to the preference of the mature minor child as to the […]
STATE v. HAMMELL, 155 N.H. 47 (2007)
THE STATE OF NEW HAMPSHIRE v. MICHAEL L. HAMMELL. No. 2005-528.Supreme Court of New Hampshire Grafton.Argued: January 11, 2007. Opinion Issued: March 6, 2007. 1. Evidence — Hearsay Exceptions — Public Records and Reports The trial court erred in admitting information about the scars and tattoos from defendant’s criminal history record. Although the State argued […]
WHITE v. CHAPLIN, 84 N.H. 208 (1929)
148 A. 21 WILLIAM C. WHITE, Trustee, v. IDA M. CHAPLIN a. Supreme Court of New Hampshire Grafton. Decided December 3, 1929. The rule that a pecuniary legacy draws interest, commencing one year after the testator’s death, is inapplicable to a residuary legacy. Income received during the year following the testator’s death becomes merged in […]
WILBUR v. ABBOT, 58 N.H. 272 (1878)
WILBUR v. ABBOT, Adm’r of Joseph S. Abbot. Supreme Court of New Hampshire Hillsborough. Decided March, 1878. In a declaration in debt on a judgment, the omission of the facts which gave jurisdiction to the court rendering the judgment is no cause of demurrer. A judgment, which recites the recovery of a certain sum of […]
LOVERIN v. SCHOOL-DISTRICT NO. 3, CROYDON, 64 N.H. 102 (1886)
6 A. 35 LOVERIN a. v. SCHOOL-DISTRICT NO. 3 IN CROYDON a. Supreme Court of New Hampshire Sullivan. Decided June, 1886. When, by Laws of 1885, c. 43, a school-district is abolished during the pendency of an action against it for the determination of the contested location of its school-house, the defendant’s corporate successor, the […]
GORDON v. RAILROAD, 58 N.H. 396 (1878)
GORDON v. THE BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided August, 1878. On the question whether the noise of escaping steam from a locomotive was likely to frighten horses, evidence that other horses were frightened by it is admissible. Railroad corporations are bound to exercise reasonable care and diligence in the management […]
CHALMERS v. HARRIS MOTORS, 104 N.H. 111 (1962)
179 A.2d 447 CAROLYN J. PEABODY CHALMERS, Adm’x v. HARRIS MOTORS INC. No. 4964.Supreme Court of New Hampshire Strafford.Argued March 6, 1962. Decided April 3, 1962. 1. In determining whether a passenger was contributorily negligent in riding in a motor vehicle with a particular operator the standard to be applied is whether the passenger exercised […]
STEARNS v. MATTHEWS, 94 N.H. 435 (1947)
55 A.2d 78 EDWARD B. STEARNS a. v. CLARA C. MATTHEWS a. No. 3681.Supreme Court of New Hampshire Hillsborough. Decided October 7, 1947. A bequest in trust to pay the net income to the testator’s daughter quarterly or at other times in the trustees’ discretion, and upon her decease to pay the principal to her […]
MILLS v. MANCHESTER, 109 N.H. 293 (1969)
249 A.2d 679 GARDNER MILLS a. v. MANCHESTER a. No. 5848.Supreme Court of New Hampshire Hillsborough.Argued December 3, 1968. Decided January 31, 1969. 1. In an appeal from an order of the zoning board of adjustment the issue before the court is the determination whether the action of the board was unreasonable and unlawful. In […]
IN RE LOWY, 156 N.H. 57 (2007)
APPEAL OF DAVID LOWY (New Hampshire Department of Health and Human Services). No. 2006-570.Supreme Court of New Hampshire. Department of Health and Human Services.Argued: May 9, 2007. Opinion Issued: August 23, 2007. 1. Trusts — Generally — Construction of Instruments When a trust is construed, the intention of a settlor is paramount, and that intent […]
STATE v. BONALUMI, 127 N.H. 485 (1985)
503 A.2d 786 THE STATE OF NEW HAMPSHIRE v. WILLIAM A. BONALUMI No. 85-001Supreme Court of New Hampshire Grafton Decided December 5, 1985 1. Evidence — Hearsay — Generally Hearsay evidence is an extrajudicial statement offered in court to show the truth of its content. 2. Evidence — Hearsay — Admissibility Hearsay statements are generally […]
MANCHESTER HOUSING AUTH. v. ARMS TEXTILE MFG. CO., 114 N.H. 346 (1974)
320 A.2d 640 MANCHESTER HOUSING AUTHORITY v. ARMS TEXTILE MFG. CO. a. No. 6778Supreme Court of New Hampshire Hillsborough Decided May 31, 1974 1. Although it is not clear that Superior Court Rule 69 applies to a preliminary motion to waive a jury trial, as the plaintiff asserts it does, a superior court judge has […]
ABBOTT v. LEWIS, 77 N.H. 94 (1913)
88 A. 98 JOHN ABBOTT, Trustee, v. SABINA C. LEWIS a. Supreme Court of New Hampshire Hillsborough. Decided June 27, 1913. Where a will gives a pecuniary legacy to the wife of the testator and requests her to pay certain annuities, and in a subsequent clause directs trustees to pay the income of the residue […]
N.H. SAVINGS BANK v. BANK, 93 N.H. 326 (1945)
41 A.2d 760 NEW HAMPSHIRE SAVINGS BANK v. NATIONAL ROCKLAND BANK a. No. 3514.Supreme Court of New Hampshire Merrimack. March 6, 1945. Certain evidence justified a finding that the testatrix was mentally competent at the time the pledge agreement was signed by her, and that the pledge was voluntarily delivered to the pledgee. An owner […]
MARSH v. HANOVER, 113 N.H. 667 (1973)
313 A.2d 411 GARY E. MARSH v. TOWN OF HANOVER; NEAL G. BERLIN, HANOVER TOWN MANAGER; AND RAYMOND L. WOOD, HANOVER FIRE CHIEF No. 6784Supreme Court of New Hampshire Grafton Decided November 30, 1973 1. Adoption by selectmen of a town personnel policy, a copy of which was distributed to town employees as binding in […]
DUBOIS v. DUBOIS, 122 N.H. 532 (1982)
446 A.2d 1181 GEORGE A. DUBOIS, SR. v. LEONA R. DUBOIS a. No. 81-161Supreme Court of New Hampshire Rockingham Decided June 11, 1982 1. Trusts — Constructive Trusts — Creation A constructive trust following a conveyance of real estate is most commonly imposed when a court finds: an initial promise by the grantee to reconvey […]
VAISBORD v. COMPANY, 74 N.H. 470 (1908)
69 A. 520 VAISBORD v. NASHUA MANUFACTURING CO. Supreme Court of New Hampshire Hillsborough. Decided March 3, 1908. A master is responsible for a dangerous condition of his premises resulting from acts of his servants which he authorized or ratified. A master who suffers his premises to remain in a condition which he knows to […]
BERRY v. FLANDERS, 69 N.H. 626 (1899)
45 A. 591 BERRY v. FLANDERS a. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. Where an officer releases property attached, takes the receipt of a third person for a certain quantity of United States coin, and returns an attachment of the same, the receiptor is estopped from denying that there was an attachment […]
DEMERS NURSING HOME, INC. v. R.C. FOSS SON, INC., 122 N.H. 757 (1982)
449 A.2d 1231 DEMERS NURSING HOME, INC. v. R.C. FOSS SON, INC. No. 82-021Supreme Court of New Hampshire Hillsborough Decided August 17, 1982 1. Arbitration — Survival of Right — Termination of Contract The right to arbitration does not generally survive the expiration of the contract creating that right. 2. Contracts — Construction — Determination […]
WHITE v. DAKIN, 70 N.H. 632 (1900)
47 A. 611 WHITE a. v. DAKIN. Supreme Court of New Hampshire Hillsborough. Decided June, 1900. PROBATE APPEAL, from a decree dismissing the plaintiffs’ petition to vacate a decree granting Dakin a discharge in insolvency. Dakin died after the appeal was taken, and his administrator defends. The plaintiffs’ evidence tended to show that the bond […]
STATE v. PROCTOR, 91 N.H. 347 (1941)
18 A.2d 753 STATE v. JOHN PROCTOR. No. 3186.Supreme Court of New Hampshire Cheshire. Decided March 4, 1941. A motion to set aside a verdict as against the law and the evidence presents no question not saved by exceptions during the trial. The trial court’s finding that inadequacy of the weight of the evidence was […]
BOSTON ME. CORP. v. SPRAGUE ENERGY CORP., 151 N.H. 513 (2004)
861 A.2d 781 BOSTON AND MAINE CORPORATION v. SPRAGUE ENERGY CORPORATION. No. 2003-727.Supreme Court of New Hampshire Rockingham.Argued: June 10, 2004. Opinion Issued: December 3, 2004. 1. Public Utilities — Railroads — Crossings A landowner whose land is cut off from a highway by a railroad has the right to a suitable crossing where a […]
DUBE v. ROBINSON, 92 N.H. 312 (1943)
30 A.2d 482 JOSEPH DUBE v. THOMAS ROBINSON a. No. 3383.Supreme Court of New Hampshire Strafford. Decided February 2, 1943. Under the provisions of R. L., c. 216, s. 1, relating to “Employers’ Liability” and applying the act to workmen engaged in employments “in which five or more persons are employed by a common employer” […]
MAHAN v. N.H. DEP’T OF ADMIN. SERVICES, 141 N.H. 747 (1997)
693 A.2d 79 JOSEPH B. MAHAN, III a. v. NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES No. 95-220Supreme Court of New Hampshire Merrimack Decided April 21, 1997 1. Torts — Defenses — Sovereign Immunity The “discretionary function” exception to sovereign immunity applies to conduct which characteristically involves the exercise of high degree of official judgment and […]
DAVEY v. UNITIL CORP., 133 N.H. 833 (1991)
585 A.2d 858 JOHN M. DAVEY v. UNITIL CORPORATION No. 90-043Supreme Court of New Hampshire Rockingham Decided January 28, 1991 1. Corporations — Shareholders — Shareholder Lists “Proper purpose” entitling a shareholder to demand list of shareholders is generally defined as a purpose that is (1) related to a legitimate interest of shareholder and (2) […]
IN RE JUVENILE 2005-426, 154 N.H. 336 (2006)
IN RE JUVENILE 2005-426. No. 2005-426.Supreme Court of New Hampshire Concord District Court.Argued: May 17, 2006. Opinion Issued: November 2, 2006. 1. Parent and Child — Custody — Awarding Custody; Factors Generally Four permanency options are provided under the federal Adoption and Safe Families Act of 1997 (ASFA), which provides the states with federal payments […]
SMITH v. STREET RAILWAY, 69 N.H. 504 (1898)
44 A. 133 SMITH, Adm’x, v. NASHUA STREET RAILWAY. Supreme Court of New Hampshire Hillsborough. Decided December, 1898. A street railway corporation, which unavoidably creates an obstruction in a highway while clearing its tracks of snow, is liable for injuries occasioned to a traveler thereby, after the lapse of a reasonable time in which its […]
STATE v. LeBLANC, 105 N.H. 1 (1963)
191 A.2d 537 STATE v. JOSEPH S. LeBLANC. No. 5100.Supreme Court of New Hampshire Nashua Municipal Court.Argued April 2, 1963. Decided June 7, 1963. 1. By legislative definition (RSA 577:11) gaming devices which are “capable of being used to discharge . . . money or any tokens” are subject to seizure and forfeiture, wherever found. […]
REDLON v. CORPORATION, 90 N.H. 519 (1940)
11 A.2d 821 N.E. REDLON COMPANY v. FRANKLIN SQUARE CORPORATION. No. 3135.Supreme Court of New Hampshire Strafford. Decided March 5, 1940. In an action by a contractor against the owner for work done in performance of a building contract a credit was properly denied to the owner where the contract price contained no charge for […]
STATE v. HALL, 160 N.H. 581 (2010)
THE STATE OF NEW HAMPSHIRE v. BRUCE HALL. No. 2009-425.Supreme Court of New Hampshire. Merrimack.Argued: May 4, 2010. Opinion Issued: July 23, 2010. 1. Criminal Law — Right to Effective Counsel —Generally Both the State Constitution and the Sixth and Fourteenth Amendments to the Federal Constitution guarantee a criminal defendant reasonably competent assistance of counsel. […]
PAGE v. BOYNTON, 63 N.H. 190 (1884)
PAGE, Ex’r, App’t, v. BOYNTON, Guardian. Supreme Court of New Hampshire Grafton. Decided June, 1884. A trust fund is not chargeable with the trustee’s expense of the defence of a suit which it was his duty to avoid. APPEAL, from a decree of the probate court, disallowing the plaintiff’s claim for the fees of counsel […]
BURGESS v. BURGESS, 71 N.H. 293 (1902)
51 A. 1074 BURGESS v. BURGESS. Supreme Court of New Hampshire Hillsborough. Decided April 1, 1902. The court of this state has no jurisdiction of an action for divorce instituted by a non-resident. Whenever it appears that a court has no jurisdiction of the subject-matter of a suit, the proceeding will be dismissed even if […]
McGANN v. STEENSTRA, 130 N.H. 411 (1988)
543 A.2d 406 MICHAEL B. McGANN v. PHILIP STEENSTRA GENO ERIQUEZZO v. JAMES E. M. COUGHLIN, JR. No. 86-503 No. 87-218Supreme Court of New Hampshire Cheshire Hillsborough Decided May 6, 1988 1. Trial — Motions Generally Superior court rule providing that the court may act on a motion without a hearing, when no objection is […]
EASTMAN v. CLARK, 63 N.H. 31 (1884)
EASTMAN v. CLARK. Supreme Court of New Hampshire Rockingham. Decided June, 1884. Extrinsic evidence is admissible to show whether the identical matter in controversy has been determined by a former judgment. Two actions between the same parties tried together. One is a writ of entry, and the other trespass qu. cl. upon the same land. […]
COBLEIGH v. CROSS, 74 N.H. 603 (1908)
68 A. 870 COBLEIGH, Adm’r, v. CROSS a. Supreme Court of New Hampshire Grafton. Decided February 4, 1908. BILL IN EQUITY, for the construction of the following paragraph in the will of Mary N. Cross: “Second. All the rest, residue, and remainder of my estate, both real and personal of every description, I give, bequeath, […]
TAYLOR v. COMPANY, 97 N.H. 517 (1952)
92 A.2d 910 LEON E. TAYLOR v. KLENZADE PRODUCTS INC. No. 4148.Supreme Court of New Hampshire Hillsborough. Decided December 2, 1952. The systematic and continuous activities of a salesman, serving also as representative and promoter of the business in this state, of a foreign corporation whose products were marketed here through franchised distributors situated outside […]
LEE JAMES ENTER. v. TOWN OF NORTHUMBERLAND, 149 N.H. 728 (2003)
829 A.2d 644 Lee James Enterprises, Inc. v. Town of Northumberland No. 2002-434Supreme Court of New Hampshire CoosArgued March 12, 2003 Opinion Issued August 1, 2003 1. Taxation — Sale of Property for Nonpayment of Taxes —Construction of Statutes Based on a 2000 decision holding pre-1998 version of New Hamphire’s alternative tax lien statute unconstitutional […]
SAIDEL v. SOCIETY, 84 N.H. 232 (1930)
149 A. 78 MYER SAIDEL, Assignee, v. THE UNION ASSURANCE SOCIETY, L’T’D. Supreme Court of New Hampshire Hillsborough. Decided February 4, 1930. To an action on a fire policy containing a clause of avoidance “if the assured shall make any attempt to defraud the company, either before or after the loss,” the assured’s attempted fraud […]
NORMANDIN v. KIMBALL, 92 N.H. 62 (1942)
25 A.2d 39 FORTUNAT E. NORMANDIN, Ex’r v. F. GORDON KIMBALL, State Treasurer. No. 3298.Supreme Court of New Hampshire Belknap. Decided February 3, 1942. After property has been placed under conservatorship the former owner can make no valid contract disposing of it without the conservator’s approval. (P. L., c. 291, s. 17; P. L., c. […]
STATE v. HAMEL, 138 N.H. 392 (1994)
643 A.2d 953 THE STATE OF NEW HAMPSHIRE v. ROBERT HAMEL No. 93-200Supreme Court of New Hampshire Rockingham Decided March 31, 1994 1. Criminal Law — Defenses — Statute of Limitations Legislature intended 1986 amendment of RSA 632-A:7 to extend limitations period for sexual assault until a victim’s twenty-fourth birthday. RSA 632-A:7, I. 2. Statutes […]
WOODWORTH v. CONCORD, 78 N.H. 54 (1915)
96 A. 296 WOODWORTH CO. v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided December 7, 1915. Non-interest-bearing accounts receivable are not taxable to a merchant as “stock in trade” under P. S., c. 55, s. 7, subdiv. 6: nor are fixtures so taxable. PETITION, for an abatement of taxes assessed upon the plaintiffs’ stock […]
COE v. CARTER, 59 N.H. 483 (1879)
COE a. v. CARTER a. Supreme Court of New Hampshire Coos. Decided December, 1879. Chapter 41, Laws of 1875, is not applicable to an unincorporated place, which has organized and elected officers, and raised money by taxation for highways and other town purposes. Page 484 BILL IN EQUITY. Facts agreed. Wentworth’s Location was organized, under […]
STATE v. RAMOS, 149 N.H. 118 (2003)
818 A.2d 1228 THE STATE OF NEW HAMPSHIRE v. JULIO RAMOS No. 2001-564Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued October 9, 2002 Opinion Issued February 14, 2003 1. Trial — Criminal Cases — Generally — Severance The ABA Standards for joinder and severance of criminal offenses for trial are adopted. 2. Trial — Criminal […]
DEARBORN v. FULLER, 79 N.H. 217 (1919)
107 A. 607 BURT S. DEARBORN, Adm’r, v. ALVAN T. FULLER. Supreme Court of New Hampshire Belknap. Decided May 6, 1919. A principal is not liable for the acts of an agent outside the scope of his authority; though the extent of an agent’s authority may be a question of fact, whether there be any […]
DOW v. EDGES, 58 N.H. 193 (1877)
DOW a. v. EDES a. Supreme Court of New Hampshire Sullivan. Decided August, 1877. The grantee of an undivided half of a sufficiency of water, for a certain purpose, takes by his grant no more than one half of the whole quantity of water in the stream, whenever such quantity is, by natural causes, diminished […]
AKINS v. SEC’Y OF STATE, 154 N.H. 67 (2006)
RALPH L. AKINS a. v. SECRETARY OF STATE. No. 2005-794.Supreme Court of New Hampshire Merrimack.Argued: July 21, 2006. Opinion Issued: August 17, 2006. 1. Elections — Generally — Governing Law Because the equal right to be elected operates so closely with the fundamental right to vote, and because of the importance that both rights have […]
WOBURN BANK v. WOODS, 77 N.H. 172 (1914)
89 A. 491 WOBURN NATIONAL BANK v. WILLIAM A. WOODS a. Supreme Court of New Hampshire Grafton. Decided January 6, 1914. In order to create a secret trust of the nature denounced by the law, there must be some agreement or mutual understanding, expressed either by language or by conduct, whereby the transaction in question […]
LUMBERMEN’S MUT. CAS. CO., 110 N.H. 53 (1969)
260 A.2d 108 LUMBERMENS MUTUAL CASUALTY COMPANY v. GWENETH GILCHREST, Adm’x a. No. 5870.Supreme Court of New Hampshire Hillsborough. Decided December 30, 1969. 1. The financial responsibility act (RSA ch. 268) requires that a motor vehicle liability insurance policy issued thereunder upon a specifically described motor vehicle and providing coverage in the use of other […]
APPEAL OF BRIAND, 138 N.H. 555 (1994)
644 A.2d 47 APPEAL OF DENISE BRIAND (New Hampshire Department of Labor Compensation Appeals Board) No. 93-111Supreme Court of New Hampshire Compensation Appeals Board Decided June 10, 1994 1. Workers’ Compensation — Proceedings to Secure Compensation — Burden of Proof In workers’ compensation cases, claimant has burden of proving by competent evidence both the existence […]
CHASE v. CURRIER, 63 N.H. 90 (1884)
CHASE v. CURRIER. Supreme Court of New Hampshire Merrimack. Decided June, 1884. A fund bequeathed to C., “to be prudently used if needed by him for his support during the remainder of his life,” with remainder to others, is not attachable in the hands of the executor by C.’s creditors. FOREIGN ATTACHMENT. Facts found by […]
STATE v. STEVENS, 121 N.H. 287 (1981)
428 A.2d 1241 THE STATE OF NEW HAMPSHIRE v. LEROY STEVENS No. 80-172Supreme Court of New Hampshire Hillsborough Decided April 17, 1981 1. Courts — District Court — Jurisdiction The matter of guilt or innocence in felony cases is initially within the exclusive jurisdiction of the superior court, and district court’s jurisdiction in felony cases […]
MURRAY v. WARNER, 55 N.H. 546 (1875)
MURRAY v. WARNER. Supreme Court of New Hampshire Rockingham. Decided August 12, 1875. Carriers — Delivery. A bailee of goods, sending them by a carrier, may sue the carrier for the delivery of the same to the consignee without payment, when payment was imposed as a condition of delivery. Case, to recover the value of […]
FENTON G. KEYES ASSOC. v. NEW HAMPSHIRE WATER SPLY., 112 N.H. 104 (1972)
289 A.2d 655 FENTON G. KEYES ASSOCIATES v. NEW HAMPSHIRE WATER SUPPLY AND POLLUTION CONTROL COMMISSION. No. 6301.Supreme Court of New Hampshire N.H. Water Supply and Pollution Control Commission. Decided March 31, 1972. 1. The Water Supply and Pollution Control Commission has broad statutory authority for the control of water pollution and waste disposal. 2. […]
BAXTER v. TEMPLE, 157 N.H. 280 (2008)
SHELBY BAXTER, BY HER MOTHER AND NEXT FRIEND, PATRICIA BAXTER v. CHARLES TEMPLE a. No. 2007-102.Supreme Court of New Hampshire. Merrimack.Argued: January 31, 2008. Opinion Issued: May 20, 2008. 1. Evidence — Expert Testimony —Determination of Admissibility The trial court functions only as a gatekeeper, ensuring a methodology’s reliability before permitting the fact-finder to determine […]
MERTENS v. WOLFEBORO NAT’L BANK, 119 N.H. 453 (1979)
402 A.2d 1335 EDWARD J. AND LAURIE MERTENS v. WOLFEBORO NATIONAL BANK, CLARENCE MARTIN ASSOCIATES, JAMES BENNETT No. 78-210Supreme Court of New Hampshire Carroll Decided June 20, 1979 1. Vendor and Purchaser — Purchase and Sale Agreements — Misrepresentations When a buyer discovers that he has entered into a purchase and sale agreement in reliance […]
VINCENT v. STATE, 113 N.H. 383 (1973)
308 A.2d 526 DOROTHY M. VINCENT v. STATE OF NEW HAMPSHIRE a. No. 6620Supreme Court of New Hampshire Cheshire Decided July 24, 1973 1. Record warranted a holding that plaintiff continued as an employee during her leave of absence for a definite time as granted to her by her employer, and that she did not […]
TILTON v. CORNING, 66 N.H. 147 (1889)
28 A. 17 TILTON v. CORNING. Supreme Court of New Hampshire Grafton. Decided December, 1889. Under s. 5, c. 94, Laws of 1885, a police judge has not exclusive jurisdiction of an inquiry concerning corrupt practices in an election. PETITION, for a writ of habeas corpus, presented to a justice of this court, and adjourned […]
STATE v. GONZALEZ, 143 N.H. 693 (1999)
738 A.2d 1247 THE STATE OF NEW HAMPSHIRE v. GERALDO GONZALEZ Nos. 97-319, 97-717Supreme Court of New Hampshire Hillsborough-southern judicial district Decided July 2, 1999 Rehearing Denied October 20, 1999 1. Search and Seizure — Practice and Procedure — Standingto Challenge Search Part I, Article 19 of New Hampshire Constitution affords defendant automatic standing to […]
BELKNAP COUNTY v. LACONIA, 80 N.H. 251 (1922)
116 A. 434 BELKNAP COUNTY v. LACONIA. Supreme Court of New Hampshire Belknap. Decided January 3, 1922. A county is entitled to bail forfeited for failure to prosecute an appeal from a conviction by a municipal court. If parties agree that the decision of the superior court shall be final, an exception to such finding […]
JACKSON v. FEDERAL INS. CO., 127 N.H. 230 (1985)
498 A.2d 757 PATRICK JACKSON v. FEDERAL INSURANCE COMPANY a. No. 84-395Supreme Court of New Hampshire Merrimack Decided August 16, 1985 1. Declaratory Judgments — Purpose The remedy of declaratory judgment is provided for the purpose of making a controversy over a legal or equitable right justiciable at an earlier stage of the controversy than […]
MORGAN v. JOYCE, 66 N.H. 538 (1891)
27 A. 225 MORGAN v. JOYCE. Supreme Court of New Hampshire Strafford. Decided June, 1891. A plaintiff is bound by directions as to the service of the writ given by his attorney to the officer to whom the writ is delivered for service. CASE and assumpsit against a deputy sheriff for neglecting to serve a […]
APPEAL OF ALLEY, 137 N.H. 40 (1993)
623 A.2d 223 APPEAL OF LORRAINE ALLEY a. (New Hampshire Personnel Appeals Board) No. 91-484Supreme Court of New Hampshire Personnel Appeals Board Decided April 7, 1993 1. Administrative Law — Rules of Procedure — Interpretation Supreme Court looks at administrative rule to be construed as a whole, and not in segments. 2. Administrative Law — […]
STATE v. ELLIS, 112 N.H. 419 (1972)
297 A.2d 669 STATE v. THOMAS ELLIS. No. 6308.Supreme Court of New Hampshire Carroll. Decided November 30, 1972. 1. Evidence warranted a finding by the jury that the defendant made an unprovoked assault upon the victim with such extraordinary violence and caused such serious bodily harm as to constitute aggravated assault within the meaning of […]
GARDNER v. COMPANY, 95 N.H. 289 (1948)
62 A.2d 730 ELVIN GARDNER v. BALCOM NASHUA ICE COMPANY. No. 3771Supreme Court of New Hampshire Hillsborough. Decided December 7, 1948. Where a servant sustained an injury while operating an ice grooving machine on an ice field due to lack of assistance, the fact that workmen of sufficient number and experience were lacking on the […]
CAVERNO v. JONES, 61 N.H. 623 (1882)
CAVERNO v. JONES. Supreme Court of New Hampshire Belknap. Decided June, 1882. In trespass for assault and battery, evidence of threats to do the plaintiff bodily harm made by the defendant before the alleged assault, or so immediately after it as to constitute a part of the transaction, is competent. The record of the conviction […]
REID v. WARDEN, N.H. STATE PRISON, 139 N.H. 530 (1995)
659 A.2d 429 ROBERT A. REID v. WARDEN, NEW HAMPSHIRE STATE PRISON No. 93-666Supreme Court of New Hampshire Merrimack Decided May 26, 1995 1. Attorneys — Competency of Counsel — Generally The analysis of a claim of ineffective assistance of counsel focuses on whether counsel’s conduct so undermined the proper functioning of the adversarial process […]
PORTSMOUTH ADVOCATES, INC. v. CITY OF PORTSMOUTH, 133 N.H. 876 (1991)
587 A.2d 600 PORTSMOUTH ADVOCATES, INC. v. THE CITY OF PORTSMOUTH a. No. 89-350Supreme Court of New Hampshire Rockingham Decided March 8, 1991 1. Zoning — Validity — Particular Cases Statutory provision mandating that all historic districts and regulations be compatible with master plan and zoning ordinances of the city, town or county in which […]
ASSOCIATION v. ALTON, 69 N.H. 311 (1898)
45 A. 95 ALTON BAY CAMPMEETING ASSOCIATION v. ALTON. Supreme Court of New Hampshire Belknap. Decided June, 1898. A stock of groceries kept for sale by an association incorporated for religious, moral, charitable, and benevolent purposes is not exempted from taxation as property held “for the purposes of said corporation.” PETITION, for the abatement of […]
THOMPSON v. MAJOR, 58 N.H. 242 (1878)
THOMPSON v. MAJOR. Supreme Court of New Hampshire Rockingham. Decided March, 1878. The record of the laying out of a highway by the selectmen in 1760, though containing no statement of notice or award of damages to land-owners, is evidence of the legal laying out of a highway. Page 243 A highway, laid out by […]
MEYER v. SHORT, 104 N.H. 328 (1962)
186 A.2d 146 BENJAMIN MEYER v. JOHN R. SHORT. No. 5073.Supreme Court of New Hampshire Cheshire.Argued November 7, 1962. Decided November 30, 1962. 1. Where opposing counsel has objected to a request that the jury be permitted to make certain observations at the scene of the accident when the view is taken, the Trial Court […]
MAGUIRE v. MERRIMACK MUT. INS. CO., 133 N.H. 51 (1990)
573 A.2d 451 ROBERT M. MAGUIRE a. v. MERRIMACK MUTUAL INSURANCE COMPANY No. 89-262Supreme Court of New Hampshire Grafton Decided April 13, 1990 1. Costs — Attorney Fees — Standards It is well settled that there can be no recovery of attorney’s fees absent statutory authorization, an agreement between the parties, or an established exception. […]
STATE v. GODDARD, 122 N.H. 471 (1982)
446 A.2d 456 THE STATE OF NEW HAMPSHIRE v. DENNIS GODDARD No. 81-091Supreme Court of New Hampshire Sullivan Decided May 21, 1982 1. Criminal Law — Confessions — Voluntariness The state has the burden of proving beyond a reasonable doubt that a defendant voluntarily waived his Miranda rights and voluntarily confessed. 2. Criminal Law — […]
BRICKER v. HOSPITAL, 110 N.H. 412 (1970)
270 A.2d 358 GLENN W. BRICKER, M. D. v. SCEVA SPEARE MEMORIAL HOSPITAL. No. 6156.Supreme Court of New Hampshire Grafton. Decided October 26, 1970. 1. The supreme court was unable to determine whether the denial of a prayer for a temporary injunction was error, because the trial court made no findings and the record did […]
OCEAN ACCIDENT c. CORP. v. LAUNDRY CO., 92 N.H. 260 (1942)
29 A.2d 418 THE OCEAN ACCIDENT AND GUARANTEE CORPORATION, L’T’D v. PEOPLES WET WASH LAUNDRY CO. a. No. 3363.Supreme Court of New Hampshire Hillsborough. Decided December 1, 1942. An employer having been insured against liability to such of his employees “as are legally employed,” his employment of a minor under sixteen years of age without […]
WINNIPISEOGEE LAKE COTTON WOOLLEN MFG. v. GILFORD, 66 N.H. 626 (1891)
30 A. 1121 WINNIPISEOGEE LAKE COTTON AND WOOLLEN MFG. CO. v. GILFORD. Supreme Court of New Hampshire Belknap. Decided June, 1891. Three appeals from the refusal of selectmen to abate taxes. E. A. C. B. Hibbard and D. Barnard, for the plaintiffs. Jewell Stone and S.C. Clark, for the defendants. DOE, C. J. The reserved […]
OPINION OF THE JUSTICES, 105 N.H. 125 (1963)
193 A.2d 880 OPINION OF THE JUSTICES. No. 5163.Supreme Court of New Hampshire Request of House of Representatives.Submitted September 4, 1963. Answer returned September 30, 1963. 1. The advisory duty of the Justices of the Supreme Court under Const., Pt. II, Art. 74 does not ordinarily require them to furnish opinions after the General Court […]
RICE v. CONNELLY, 71 N.H. 382 (1902)
52 A. 446 RICE v. CONNELLY, Adm’r. Supreme Court of New Hampshire Hillsborough. Decided May 6, 1902. An action of detinue brought against an administrator to recover property loaned to the decedent is not barred by the statute of limitations until six years after the date of some act of dominion or claim of ownership […]
OPINION OF THE JUSTICES, 83 N.H. 589 (1927)
139 A. 120 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided October 4, 1927. By the bill of rights, art. 11, and the constitution of New Hampshire, pt. II, arts. 28, 30, the rights of electing to office and being elected being equal, save for certain specific constitutional limitations, whatever constitutional amendments limit […]
STATE v. REED, 106 N.H. 140 (1965)
207 A.2d 443 STATE v. ERBIN REED. No. 5264.Supreme Court of New Hampshire Cheshire.Argued December 1, 1964. Decided February 26, 1965. 1. In determining whether a finding of voluntariness of a confession in a criminal case is sustainable on the record, conflicts in the testimony are for the triers of fact to resolve, but it […]
DUPUIS v. WOODWARD, 97 N.H. 351 (1952)
88 A.2d 177 MABEL DUPUIS v. ANNIE C. WOODWARD. No. 4110.Supreme Court of New Hampshire Coos. Decided April 26, 1952. Where by the law of the Province of Quebec the right to recover for bodily injuries is “absolutely extinguished” after one year from the date of injury no action may be maintained here after expiration […]
BADGER v. PLATTS, 68 N.H. 222 (1894)
44 A. 296 BADGER v. PLATTS. PLATTS v. BADGER. Supreme Court of New Hampshire Hillsborough. Decided December, 1894. Under a provision that an insurance policy shall be void if naphtha is “used by the insured on the premises insured,” the policy is invalidated if naphtha is used by a tenant of the insured without the […]
CARPENTER v. CARPENTER, 78 N.H. 440 (1917)
101 A. 628 RALPH G. CARPENTER v. MARGUERITE P. CARPENTER. Supreme Court of New Hampshire Carroll. Decided June 30, 1917. The taking of a view in another state by the court of this state as the trier of the facts, to acquire material information obtainable by inspection only, is not so far beyond the jurisdiction […]
STATE v. SEYMOUR, 140 N.H. 736 (1996)
673 A.2d 786 THE STATE OF NEW HAMPSHIRE v. WILLIAM SEYMOUR Nos. 92-335, 94-142Supreme Court of New Hampshire Hillsborough Decided March 19, 1996 1. Criminal Law — Compulsory Process — Particular Cases Where witnesses expressly denied any involvement in murders and their invocations of the privilege against self-incrimination related to theft of stolen property belonging […]
PORTER v. ADAMS, 106 N.H. 259 (1965)
209 A.2d 721 BERNARD H. PORTER v. BENJAMIN ADAMS, Comm’r, Dept. of Employment Security a. No. 5292.Supreme Court of New Hampshire Merrimack.Argued January 5, 1965. Decided April 30, 1965. 1. The dismissal of an appeal from the decision of the appeals tribunal of the Department of Employment Security denying unemployment benefits to the plaintiff was […]
IN RE JUVENILE, 156 N.H. 1 (2007)
IN RE JUVENILE 2006-674. No. 2006-674.Supreme Court of New Hampshire. Hillsborough County Probate Court.Argued: March 22, 2007. Opinion Issued: August 17, 2007. 1. Parent and Child — Termination of Parental Rights — Burden of Proof Before a court may order the termination of a parent’s rights, the petitioning party must prove a statutory ground for […]
OPINION OF THE JUSTICES (SLAPP SUIT PROCEDURE), 138 N.H. 445 (1994)
641 A.2d 1012 OPINION OF THE JUSTICES (SLAPP Suit Procedure) No. 94-156Supreme Court of New Hampshire Request of the Senate Decided May 11, 1994 1. Jury — Right to Jury in Civil Actions — Generally Right to trial by jury extends to all cases for which right existed when New Hampshire Constitution was adopted in […]
DURHAM v. DURHAM, 151 N.H. 757 (2005)
871 A.2d 41 ROLAND DURHAM v. GARY DURHAM a. No. 2004-340.Supreme Court of New Hampshire Grafton.Argued: November 30, 2004. Opinion Issued: February 24, 2005. 1. Corporations — Corporate Powers — Generally In general, there are three ways in which an injury to a corporation may be remedied: first, the corporation, acting through its board of […]
BOGARDUS v. ZINKEVICZ, 134 N.H. 527 (1991)
596 A.2d 722 RONALD F. BOGARDUS a. v. ROBERT A. ZINKEVICZ a. No. 89-455Supreme Court of New Hampshire Rockingham Decided July 31, 1991 1. Property — Servitudes If an owner of land has adopted a general scheme for development of his lots, and has inserted in his deeds uniform restrictions intended for the benefit of […]
APPEAL OF SOCIETY FOR PROTECTION OF ENV. OF S.E. N.H., 122 N.H. 703 (1982)
449 A.2d 1205 APPEAL OF THE SOCIETY FOR THE PROTECTION OF THE ENVIRONMENT OF SOUTHEASTERN NEW HAMPSHIRE APPEAL OF THE TOWN OF SOUTH HAMPTON APPEAL OF FRANK ROSENCRANTZ a. (New Hampshire Bulk Power Supply Site Evaluation Committee) No. 81-267 No. 81-268 No. 81-298Supreme Court of New Hampshire Site Evaluation Committee Decided August 6, 1982 1. […]
PIERCE v. HILLSBOROUGH, 57 N.H. 324 (1876)
PIERCE v. THE COUNTY OF HILLSBOROUGH. Supreme Court of New Hampshire FROM HILLSBOROUGH CIRCUIT COURT. Decided August 10, 1876. A complainant, who causes a prosecution for a violation of the law prohibiting the sale of spirituous liquor to be instituted and carried on without any expense to the county or state, is entitled to one […]
STATE v. HAMMELL, 139 N.H. 404 (1995)
653 A.2d 1122 THE STATE OF NEW HAMPSHIRE v. MICHAEL HAMMELL No. 93-372Supreme Court of New Hampshire Merrimack Decided February 8, 1995 1. Trial — Jury Instructions — Necessity for request The response to a jury question is left to the sound discretion of the trial court and a claim that the trial court erroneously […]
GIBBS v. MANCHESTER FEDERAL SAVINGS LOAN ASS’N, 96 N.H. 412 (1951)
77 A.2d 585 RUSSELL F. GIBBS v. MANCHESTER FEDERAL SAVINGS LOAN ASS’N a. No. 3986Supreme Court of New Hampshire Hillsborough Decided January 2, 1951 When the mortgagor under a power of sale mortgage ceased all payments on the mortgage and knowing that he was in default and that it had probably been foreclosed made no […]