Category: New Hampshire Court Opinions

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 […]

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 […]

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 […]

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 […]

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 […]

698 A.2d 1238 TAMARA C. OLBRES a. v. HAMPTON COOPERATIVE BANK No. 95-670Supreme Court of New Hampshire Rockingham Decided August 6, 1997 1. Trusts — Trust Property — Creditors A trust arising pursuant to RSA 384-D:2, I (deposits in names of two individual depositors in trust for another) is distinguished from trusts created by will, […]

568 A.2d 1189 DANIEL AND SUSAN LEACH v. ROBERT J. O’NEILL, JR. No. 88-471Supreme Court of New Hampshire Hillsborough Decided January 31, 1990 1. Arbitration — Awards — Judicial Review The law in New Hampshire has long been established that if an arbitration award is accepted by the superior court and an order is granted […]

404 A.2d 1100 FREDERICK J. MARTINEAU v. EVERETT I. PERRIN, JR., WARDEN, NEW HAMPSHIRE STATE PRISON CLIFFORD E. AVERY v. SAME ROBERT BREEST v. SAME No. 78-240 No. 79-020 No. 79-007Supreme Court of New Hampshire Original Merrimack Decided July 11, 1979 1. Criminal Law — State’s Burden of Proof — Generally In criminal proceeding State […]

813 A.2d 1182 THE STATE OF NEW HAMPSHIRE v. DANNY LOCKE No. 2001-311Supreme Court of New Hampshire RockinghamArgued September 19, 2002 Opinion Issued December 27, 2002 1. Criminal Law — Miranda Warning — Custodial Interrogation Custody entitling a person to Miranda protections during interrogation requires formal arrest or restraint on freedom of movement of the […]

364 A.2d 875 YENCING REALTY CO., INC. v. CITY OF CONCORD No. 7396Supreme Court of New Hampshire Merrimack Decided September 30, 1976 1. An owner should not pay more under a levy of special assessments than what he receives by reason of the improvements. His share must not be assessed proportionately more in relation to […]

474 A.2d 1017 ADELE G. RUSSMAN v. RICHARD L. RUSSMAN No. 82-580Supreme Court of New Hampshire Rockingham Decided March 2, 1984 1. Divorce — Alimony — Need The supreme court has stated that it is essential that the amount of alimony awarded be sufficient to cover the wife’s needs, within the limits of the husband’s […]

588 A.2d 372 THE STATE OF NEW HAMPSHIRE v. JAMES WELLINGTON No. 90-215Supreme Court of New Hampshire Hillsborough Decided March 25, 1991 1. Criminal Law — Probation — Suspension and Revocation Standard of review applicable to trial court’s imposition of a previously suspended sentence is abuse of discretion. 2. Criminal Law — Probation — Violation […]

359 A.2d 638 BRUCE K. JEANNONT v. NEW HAMPSHIRE PERSONNEL COMMISSION No. 7205Supreme Court of New Hampshire Personnel Commission Decided June 30, 1976 1. An agency that was created by the Governor’s Executive Order and receives federal grants-in-aid is a State agency within the terms of RSA 98:2 (e). 2. The deputy commissioner of such […]

33 A.2d 404 ROLLAND R. RASQUIN v. JOSEPH COHEN. No. 3417.Supreme Court of New Hampshire Carroll. Decided June 1, 1943. Where a party has obtained a verdict and it later appears that he testified falsely on a material issue, and the evidence proves or strongly tends to prove the false testimony is dishonest, the verdict […]

523 A.2d 55 CLAUDE C. RANCOURT v. TOWN OF BARNSTEAD No. 85-232Supreme Court of New Hampshire Belknap Decided December 31, 1986 1. Zoning — Land Use Regulations — Growth Restrictions Trial court erred in ruling that planning board could deny approval of a proposed subdivision on the basis of growth control rates set in a […]

489 A.2d 657 THE STATE OF NEW HAMPSHIRE v. ROY K. PATTEN No. 84-299Supreme Court of New Hampshire Belknap Decided March 7, 1985 Criminal Law — Attempt — Renunciation Voluntary renunciation of criminal purpose, which constitutes an affirmative defense to prosecution for attempt, will be found as a matter of law only where the undisputed […]

428 A.2d 491 WILLIAM H. KELLEY, ADMINISTRATOR de bonis non OF THE ESTATE OF GAIL RICHARDS v. PEERLESS INSURANCE COMPANY a. No. 80-153Supreme Court of New Hampshire Hillsborough Decided April 3, 1981 1. Executors and Administrators — Appointment — Letters of Administration In order to protect third parties who deal with court-appointed administrators, a grant […]

456 A.2d 94 STABLEX CORPORATION v. TOWN OF HOOKSETT a. No. 82-220Supreme Court of New Hampshire Merrimack Decided December 28, 1982 1. Environmental Law — Land Use and Planning — Interaction of State and Municipal Law Although the legislature has delegated extensive zoning and regulatory powers to the cities and towns, the cities and towns […]

176 A.2d 314 PAUL M. LOULAKIS v. FRANK W. WALKER, Sheriff a. No. 4960.Supreme Court of New Hampshire Cheshire.Argued December 5, 1961. Decided December 27, 1961. 1. An authenticated copy of a complaint made on oath and in writing before a municipal judge of a foreign state duly charging the respondent with the commission of […]

282 A.2d 673 STATE v. BARRY M. McCOMB STATE v. JOSEPH MONETTE. No. 6184.Supreme Court of New Hampshire Rockingham. Decided October 5, 1971. 1. A co-owner’s request and consent to a warrantless entry by police upon premises surrounding his dwelling was held to be lawful as against invitees of another co-owner. 2. Where police were […]

530 A.2d 775 THE STATE OF NEW HAMPSHIRE v. ALFRED F. COTE No. 86-178Supreme Court of New Hampshire Rockingham Decided June 3, 1987 1. Searches and Seizures — Constitutional Standards — Generally New Hampshire citizens are entitled to protection from all unreasonable searches and seizures. N.H. CONST. pt. 1, art. 19. 2. Searches and Seizures […]

461 A.2d 97 KIM I. McKINLEY v. PETER ERIC CUMMINGS No. 82-216Supreme Court of New Hampshire Grafton Decided May 6, 1983 1. Statutes — Construction and Application — Retrospective Operation The supreme court will not construe statutes affecting substantive rights and liabilities as applying retrospectively, absent an expression of such a legislative intent. 2. Motor […]

135 A.2d 900 JOHN A. DAVY v. VERNON E. GREENLAW a. No. 4610.Supreme Court of New Hampshire Strafford.Argued October 1, 1957. Decided November 5, 1957. 1. A policeman who went upon a fire escape attached to the defendants’ building in pursuit of a suspected burglar and sustained injury when the fire escape gave way was […]

467 A.2d 249 STANLEY D. v. DEBORAH D. No. 82-182Supreme Court of New Hampshire Strafford Decided October 28, 1983 1. Divorce — Custody and Support of Children — Generally The power of the superior court to award custody is wholly statutory. 2. Divorce — Custody and Support of Children — Generally The supreme court disagreed […]

10 A.2d 253 MERCHANTS MUTUAL CASUALTY COMPANY v. LOUIS GOODALL, a. No. 3086.Supreme Court of New Hampshire Hillsborough. Decided December 5, 1939. A motor vehicle liability policy bearing an indorsement of acceptance of the provisions of Laws 1927, c. 54 makes the statutory extent of coverage a part of the policy; and the indorsement becomes […]

64 A.2d 1 HOLMAN J. AMEY a. v. PITTSBURG SCHOOL DISTRICT a. No. 3817.Supreme Court of New Hampshire Coos. Decided February 1, 1949. Where more than a two-thirds majority of the votes cast were in favor of a proposed article at an annual school district meeting and it was declared adopted, the article was passed […]

355 A.2d 414 HANOVER CONVALESCENT CENTER CORP. v. TOWN OF HANOVER No. 7062Supreme Court of New Hampshire Board of Taxation Decided March 31, 1976 1. There is no absolute right to a continuance of an administrative proceeding unless refusal of the continuance would constitute a denial of procedural due process. 2. Procedural due process in […]

495 A.2d 1299 RICHARD J. LAKIN AND BRENDA LAKIN v. DANIEL MARR SON CO. No. 84-408Supreme Court of New Hampshire U.S. District Court Decided July 3, 1985 1. Workers’ Compensation — Construction — Generally Workers’ compensation acts create rights, remedies and procedures all their own, and the statutes that create such rights measure them as […]

903 A.2d 1030 THE STATE OF NEW HAMPSHIRE v. DANIEL FICHERA. No. 2005-122.Supreme Court of New Hampshire Strafford.Argued: February 22, 2006. Opinion Issued: June 9, 2006. 1. Criminal Law — Defenses — Insanity or Incapacity Insanity is an affirmative defense in New Hampshire. A defendant asserting an insanity defense must prove two elements: first, that […]

574 A.2d 931 METROPOLITAN PROPERTY LIABILITY INSURANCE COMPANY v. JOHN MARTIN, ADMINISTRATOR OF THE ESTATE OF LEONARD MARTIN No. 88-402Supreme Court of New Hampshire Hillsborough Decided December 29, 1989 1. Estoppel — Collateral Estoppel — Generally There are three requirements for collaterally estopping relitigation of a fact determined in a prior proceeding: the issue subject […]

616 A.2d 483 THE STATE OF NEW HAMPSHIRE v. DANIEL VANDEBOGART (DNA) No. 92-016Supreme Court of New Hampshire Rockingham Decided November 20, 1992 1. Evidence — Scientific Tests — Admissibility Adherence to Frye standard for deciding when novel scientific evidence is admissible permits disputes concerning scientific validity to be resolved by relevant scientific community, ensures […]

531 A.2d 348 CENTRONICS DATA COMPUTER CORP. v. HARVEY SALZMAN No. 86-427Supreme Court of New Hampshire Hillsborough Decided August 19, 1987 1. Contracts — Construction — Intent The meaning of a contract is ultimately a matter of law for the supreme court to decide, seeking to find the intent of the parties at the time […]

212 A.2d 204 CARROLL R. TOWLE a. v. NASHUA, SAMUEL A. TAMPOSI, Intervenor. No. 5364.Supreme Court of New Hampshire Hillsborough.Argued June 2, 1965. Decided July 21, 1965. 1. Citizens of a municipality are entitled to be heard upon a proposed amendment to a zoning ordinance (RSA 31:63) and are directly affected by the action taken […]

466 A.2d 932 PAUL J. LaVALLEE v. EVERETT I. PERRIN, JR., WARDEN No. 82-104Supreme Court of New Hampshire Hillsborough Decided October 5, 1983 1. Criminal Law — Sentence — Generally The standard of punishment is necessarily different for those defendants who plead guilty and for those defendants who plead not guilty and go to trial. […]

139 A.2d 70 Amelia B. Pinsonneault, Adm’x v. Richard O. Mosher. No. 4627.Supreme Court of New Hampshire Merrimack.Argued February 4, 1958. Decided February 19, 1958. 1. In an action by an administratrix to recover damages alleged to have been occasioned by a collision between a horse upon which her intestate was riding and an overtaking […]

876 A.2d 768 ROBERT A. BAINES, MAYOR OF THE CITY OF MANCHESTER a.v. NEW HAMPSHIRE SENATE PRESIDENT. No. 2004-707.Supreme Court of New Hampshire Merrimack.Argued: February 16, 2005. Opinion Issued: April 20, 2005. 1. Constitutional Law — Separation of Powers — Generally The justiciability doctrine prevents judicial violation of the separation of powers by limiting judicial […]

546 A.2d 1073 THE STATE OF NEW HAMPSHIRE v. GEORGE WOODS No. 87-191Supreme Court of New Hampshire Grafton Decided August 5, 1988 1. Evidence — Hearsay — Generally Hearsay is generally defined as an extrajudicial statement offered in court to show the truth of the matter asserted in the statement. N.H. R. Ev. 801(c). Page […]

442 A.2d 585 GEORGE LINEHAM a. v. SOUTHERN NEW ENGLAND PRODUCTION CREDIT ASSOCIATION No. 81-167Supreme Court of New Hampshire Hillsborough Decided March 5, 1982 1. Mortgages — Discharge — Performance of Conditions Where mortgagors executed a promissory note to mortgagee secured by a lien on a shipping vessel, and a second mortgage on real estate, […]

523 A.2d 1 CHARLES W. BARTLETT a. v. PIERRE DUMAINE a. No. 85-323Supreme Court of New Hampshire Hillsborough Decided October 2, 1986 1. Trusts — Construction — Settlor’s Intention In determining the duties of the trustees in managing a complex trust, the purpose of the court is to effectuate the settlor’s intention, which will be […]

293 A.2d 764 HOWARD FISK v. ATLANTIC NATIONAL INSURANCE COMPANY. No. 6120.Supreme Court of New Hampshire Hillsborough. Decided July 24, 1972. 1. Though trial court could disbelieve the only evidence before it which was to the effect that defendant’s insured never refused or received motor vehicle commissioner’s registered letter notifying him of tort action against […]

444 A.2d 546 ELIZABETH J. B. MOORE v. KNIGHT FOUNDATIONS, INC. No. 80-311Supreme Court of New Hampshire Hillsborough Decided April 7, 1982 1. Restitution — Unjust Enrichment — Generally In an unjust enrichment claim, the focus is not upon the cost to the breaching plaintiff, but rather it is upon the value of what was […]

162 A.2d 613 STATE v. FRED H. JENKINS. No. 4838.Supreme Court of New Hampshire Durham Municipal Court.Argued June 7, 1960. Decided June 30, 1960. 1. Towns derive their power from the Legislature and are bound by the limits imposed upon them, and hence town ordinances may not be inconsistent with the statutory law of the […]

698 A.2d 539 THE DIME SAVINGS BANK OF NEW YORK, FSB v. TOWN OF PEMBROKE No. 95-873Supreme Court of New Hampshire Merrimack Decided August 6, 1997 1. Constitutional Law — Due Process — Property Rights Where the issue on appeal was whether plaintiff bank, which held mortgages on certain parcels of property, received adequate notice, […]

128 A.2d 904 DUNBAR FUEL CO., INC. a. v. CHARLES A. CASSIDY a. No. 4503.Supreme Court of New Hampshire Hillsborough.Argued December 4, 1956. Decided January 31, 1957. Where an employee in the course of a prior employment suffered a compensable shoulder injury resulting in a condition which was a preexisting and contributing cause of permanent […]

567 A.2d 585 JAMES M. MACFARLANE v. BERYL RICH (MACFARLANE) No. 88-482Supreme Court of New Hampshire Coos Decided December 29, 1989 1. Divorce — Antenuptial Agreement — Construction Antenuptial agreements are governed by the same rules of construction as apply to other contracts; accordingly, the proper interpretation of an antenuptial agreement is one that speaks […]

226 A.2d 790 STATE v. DONALD ANDRESEN. No. 5408.Supreme Court of New Hampshire Rockingham.Argued January 4, 1967. Decided February 24, 1967. 1. A motion to set aside a conviction for violation of the riot statute (RSA 609:9) and for a new trial alleging that certain photographs of the defendant bearing on his identification were wrongfully […]

388 A.2d 1263 THE STATE OF NEW HAMPSHIRE v. WALTER J. KOMISAREK, JR. No. 78-031Supreme Court of New Hampshire Rockingham Decided July 18, 1978 1. Motor Vehicles — Speeding — Transcript of Trial Since speeding is a violation and not a crime, defendant convicted of speeding was not entitled as a matter of right to […]

755 A.2d 1141 CORINNE BLAGBROUGH a. v. TOWN OF WILTON No. 99-015Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided July 5, 2000 1. Highways — Generally — Definitions A bridge is public if the road ir services is public, private if the road it services is private. RSA 229:1, 234:2. 2. Adverse Possession — […]

517 A.2d 795 THE STATE OF NEW HAMPSHIRE v. RICHARD D. PLISKANER, JR. No. 85-276Supreme Court of New Hampshire Belknap Decided October 2, 1986 1. Criminal Law — Sentence — Discretion of Judge Sentencing falls within the sound discretion of the trial court, and a sentence will not be disturbed on appeal unless it was […]

862 A.2d 49 RYMES HEATING OILS, INC. v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF SAFETY. No. 2003-519.Supreme Court of New Hampshire Merrimack.Argued: July 15, 2004. Opinion Issued: November 18, 2004. 1. Taxation — Excise Taxes — Highway User’s Tax A fuel product’s character as “special fuel,” which is subject to the dyeing or marking process when […]

295 A.2d 461 MANCHESTER FIRE FIGHTERS ASSOCIATION, LOCAL NO. 856 INTERNATIONAL FIRE FIGHTERS ASSOCIATION, AFL-CIO v. CITY OF MANCHESTER. No. 6422.Supreme Court of New Hampshire Hillsborough. Decided September 29, 1972. 1. In construing a city ordinance, the supreme court properly considered how the ordinance had been applied by those entrusted with its administration. 2. Record […]

385 A.2d 118 JOHNS-MANVILLE SALES CORPORATION v. ALLAN P. BARTON No. 7924Supreme Court of New Hampshire Merrimack Decided March 31, 1978 1. Judgments — Summary Judgment — Grounds Under applicable statute, party moving for summary judgment must show absence of triable issue of fact and his entitlement to judgment as a matter of law before […]

639 A.2d 267 PETITION OF SANDRA GILPATRIC (New Hampshire Department of Labor) No. 93-110Supreme Court of New Hampshire Original Decided March 25, 1994 1. Judgments — Collateral Estoppel — Requisites Generally If prior judgment is to estop party in later action from relitigating an issue, then at a minimum the issue subject to estoppel must […]

470 A.2d 921 E. D. SWETT, INC. v. NEW HAMPSHIRE COMMISSION FOR HUMAN RIGHTS AND LEONARD BRISCOE No. 82-361Supreme Court of New Hampshire Merrimack Decided December 30, 1983 1. Administrative Law — Judicial Review — Statutory Provisions The supreme court believes that the statutory provision which allows parties appealing from a decision of the commission […]