648 A.2d 211 DAVID AND SALLY BELLUSCIO v. TOWN OF WESTMORELAND No. 93-534Supreme Court of New Hampshire Cheshire Decided September 29, 1994 1. Zoning and Planning — Judicial Review — Standard of Review Trial court’s decision in zoning cases is upheld unless it is unsupported by the evidence or is legally erroneous. 2. Zoning and […]
Category: New Hampshire Court Opinions
SCHOFIELD v. COMPANY, 90 N.H. 31 (1939)
3 A.2d 818 LAWRENCE SCHOFIELD v. E. R. BATES COMPANY. No. 3013.Supreme Court of New Hampshire Hillsborough. Decided January 3, 1939. An action of negligence against a master for injuries to his servant is barred either by a release or by an election to accept compensation unless these defences are avoidable on the equitable grounds […]
KOCH v. RANDALL, 136 N.H. 500 (1992)
618 A.2d 283 LARRY KOCH a. v. HARLAN E. RANDALL TOWN OF WINCHESTER v. HARLAN E. RANDALL a. No. 91-245Supreme Court of New Hampshire Cheshire Decided December 23, 1992 1. Costs — Attorney Fees — Standards Standard of review applied to the legally authorized award of attorney’s fees is whether the trial court abused its […]
STATE v. MUNSON, 126 N.H. 191 (1985)
489 A.2d 646 THE STATE OF NEW HAMPSHIRE v. KENNETH MUNSON No. 84-129Supreme Court of New Hampshire Hillsborough Decided March 1, 1985 1. Constitutional Law — Miranda Warning — Custodial Interrogation The police must advise a suspect that he has a right to remain silent and the right to counsel before engaging in custodial interrogation. […]
SCOTT WILLIAMS, INC. v. BOARD OF TAXATION, 119 N.H. 184 (1979)
400 A.2d 786 SCOTT WILLIAMS, INC. v. BOARD OF TAXATION AND COMMISSIONER OF REVENUE ADMINISTRATION No. 78-227Supreme Court of New Hampshire Belknap Decided March 23, 1979 1. Taxation — Business Profits Tax — Apportionment of Sales Under throwback provision of business profits tax statute entitling corporation with sales in foreign countries to apportion some of […]
STATE v. MERRIAM, 150 N.H. 548 (2004)
842 A.2d 102 THE STATE OF NEW HAMPSHIRE v. STEPHEN MERRIAM. No. 2003-273.Supreme Court of New Hampshire Plymouth District CourtArgued: January 14, 2004. Opinion Issued: February 13, 2004. 1. Arrest — Without Warrant — Lawful Arrests Statute governing the employment of police officers by towns merely limits the territorial jurisdiction of local police officers to […]
LAPLANT v. AETNA CASUALTY SURETY CO., 107 N.H. 183 (1966)
219 A.2d 283 MERRILL J. LAPLANT v. AETNA CASUALTY SURETY CO. No. 5446.Supreme Court of New Hampshire Cheshire.Submitted February 1, 1966. Decided April 29, 1966. 1. Where motor vehicle liability insurers provided for the payment of all interest accruing after entry of judgment until they have paid such part of the judgment as does not […]
GREEN v. WILSON, 60 N.H. 146 (1880)
GREEN v. WILSON. Supreme Court of New Hampshire Coos. Decided June, 1880. In the case of a contract by the defendant to pay the plaintiff a stipulated sum for doing a certain work, evidence that before the work was begun the defendant told the plaintiff that he would not pay the agreed price because of […]
TALBOT v. CONCORD UNION SCHOOL DIST., 114 N.H. 532 (1974)
323 A.2d 912 ROGER G. TALBOT a. v. CONCORD UNION SCHOOL DISTRICT No. 6892Supreme Court of New Hampshire Merrimack Decided July 30, 1974 1. The record is replete with evidence indicating that the presence of the public and the press at collective bargaining sessions between a school district committee and a teachers association committee would […]
STINSON v. RAILROAD, 81 N.H. 473 (1925)
128 A. 562 GERTRUDE L. STINSON v. MAINE CENTRAL RAILROAD COMPANY. Supreme Court of New Hampshire Coos. Decided January 26, 1925. The question whether a locomotive bell was ringing upon approaching a crossing is for the jury when there is evidence that persons in position to hear it ring and listening for its ringing did […]
OSGOOD v. INSURANCE CO., 93 N.H. 160 (1944)
37 A.2d 12 ELMER B. OSGOOD, Adm’r v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY. No. 3464.Supreme Court of New Hampshire Merrimack. Decided April 4, 1944. An annuity insurance contract issued upon payment of a single premium by an insolvent policyholder is “fair consideration” and “property” within the contemplation of the Fraudulent Conveyance Act (R. L., c. […]
IN RE DOE, 126 N.H. 719 (1985)
495 A.2d 1293 In re JANE DOE No. 83-454Supreme Court of New Hampshire Plaistow District Court Decided July 3, 1985 1. Certiorari — Scope of Review — Generally Review on certiorari is an extraordinary remedy, usually available only in the absence of a right to appeal and only at the discretion of the court, to […]
OLIVA v. VT. MUT. INS. CO., 150 N.H. 563 (2004)
842 A.2d 92 STEPHEN S. OLIVA v. VERMONT MUTUAL INSURANCE COMPANY a. No. 2003-316.Supreme Court of New Hampshire Hillsborough-southern Judicial DistrictArgued: January 7, 2004. Opinion Issued: February 17, 2004. 1. Insurance — Policies — Ambiguities The fact that the parties may disagree on the interpretation of a term or clause in an insurance policy does […]
THOMPSON v. MORIN, 80 N.H. 144 (1921)
114 A. 274 EDWIN P. THOMPSON, Adm’r, v. JOSEPH P. MORIN a. Supreme Court of New Hampshire Belknap. Decided June 7, 1921. The deposition of a witness may be contradicted as to a material matter by a statement signed by him out of court; and it is not necessary to lay a foundation for such […]
STATE v. VAN WINKLE, 160 N.H. 337 (2010)
THE STATE OF NEW HAMPSHIRE v. ERIC VAN WINKLE. No. 2008-757.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: January 13, 2010. Opinion Issued: June 3, 2010. 1. Criminal Law — Judgment and Sentence —Generally Trial judges are vested with broad discretionary powers with regard to sentencing. They may provide for terms of imprisonment, probation, conditional […]
STATE v. COTE, 95 N.H. 108 (1948)
58 A.2d 749 STATE v. DONAT F. COTE, d/b/a STANDARD CONSTRUCTION CO. a. No. 3754.Supreme Court of New Hampshire Merrimack. Decided April 19, 1948. A transitory action may properly be brought by the State against a resident defendant in the county in which the capitol is located and may be maintained there unless justice or […]
INGALLS v. BURLINGAME, 71 N.H. 19 (1901)
51 A. 175 INGALLS v. BURLINGAME. Supreme Court of New Hampshire Coos. Decided July 4, 1901. The provision that a contract may be terminated upon notice is not affected by an assignment thereof; and a performance by the assignee, subsequent to such notice to the assignor and without the knowledge or consent of the other […]
DOUCET v. RICHARDSON, 67 N.H. 186 (1892)
29 A. 635 DOUCET v. RICHARDSON. Supreme Court of New Hampshire Rockingham. Decided June, 1892. A sale of chattels is invalid as to creditors of the vendor when the property is allowed to remain in his use and possession. REPLEVIN of a horse. Facts found by the court. July 13, 1889, Onesime Hamel sold the […]
STATE v. STOTT, 149 N.H. 170 (2003)
816 A.2d 1018 THE STATE OF NEW HAMPSHIRE v. Delbert Stott No. 2002-029Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued January 8, 2003 Opinion Issued February 19, 2003 1. Evidence — Relevance — Particular Cases In a prosecution for felonious sexual assault, the trial court’s admission of defendant’s statements to the police was a sustainable […]
WYMAN v. DURKIN, 115 N.H. 1 (1975)
330 A.2d 778 LOUIS C. WYMAN v. JOHN A. DURKIN ROBERT L. STARK, SECRETARY OF STATE CARMEN CHIMENTO No. 7112Supreme Court of New Hampshire Hillsborough Decided January 6, 1975 1. The several States may regulate the conduct of senatorial elections, provide procedures necessary to guard against irregularity and error in the tabulation of votes and […]
BARTLETT v. BRISTOL, 66 N.H. 420 (1890)
24 A. 906 BARTLETT v. BRISTOL. Supreme Court of New Hampshire Grafton. Decided December, 1890. An action cannot be maintained against a town for the damage occasioned an adjoining estate, where, in repairing a highway by authority of the town, the grade of the highway is raised or lowered; but the landowner’s remedy is an […]
STATE v. SAMPSON, 132 N.H. 343 (1989)
565 A.2d 1040 THE STATE OF NEW HAMPSHIRE v. GARY SAMPSON No. 88-257Supreme Court of New Hampshire Strafford Decided November 13, 1989 1. Evidence — Hearsay — Generally Hearsay is an extrajudicial statement offered in court to show the truth of the matter asserted in the statement. 2. Evidence — Hearsay — Prior Statements Extrajudicial […]
MASTERS v. PUBLIC SERVICE CO., 92 N.H. 85 (1942)
25 A.2d 499 CORA MASTERS v. PUBLIC SERVICE CO. OF NEW HAMPSHIRE. No. 3308.Supreme Court of New Hampshire Hillsborough. Decided March 3, 1942. One who gives no thought for his safety when entering into a place of obvious peril is guilty of contributory negligence as matter of law. Thus one who attempted to cross a […]
JOHNS-MANVILLE SALES CORP. v. BARTON, 118 N.H. 195 (1978)
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 […]
SALISBURY MILLS v. FORSAITH, 57 N.H. 124 (1876)
SALISBURY MILLS v. FORSAITH. Supreme Court of New Hampshire FROM ROCKINGHAM CIRCUIT COURT. Decided August 10, 1876. Flowage act of 1868 — Foreign corporation. A foreign corporation, having erected a dam upon their own land in another state, whereby the water of a stream is set back upon the land of a riparian owner above […]
STATE v. BARKUS, 152 N.H. 701 (2005)
888 A.2d 398 THE STATE OF NEW HAMPSHIRE v. SUZANNE BARKUS. No. 2004-742.Supreme Court of New Hampshire Salem District Court.Argued: September 15, 2005. Opinion Issued: October 31, 2005. 1. Appeal and Error — Findings — Duty of Trial Court Absent a request pursuant to statute, the trial court is not required to issue findings of […]
STATE v. FANDOZZI, 159 N.H. 773 (2010)
THE STATE OF NEW HAMPSHIRE v. GURRIE FANDOZZI, JR. No. 2008-475.Supreme Court of New Hampshire. Rockingham.Argued: September 23, 2009. Opinion Issued: March 10, 2010. 1. Discovery — Depositions — Procedure The court, in its discretion, may allow a deposition when a party has shown, by a preponderance of the evidence, that the deposition is needed […]
LEAVITT v. FOWLER, 118 N.H. 541 (1978)
391 A.2d 876 KENNETH LEAVITT a. v. TRUMAN R. FOWLER a. No. 7977Supreme Court of New Hampshire Carroll Decided September 18, 1978 1. Contracts — Time — Limitation When time is not made of the essence in a contract, although a certain period of time is stipulated for the contract’s completion, equity treats the time […]
STATE v. MILLER, 94 N.H. 74 (1946)
46 A.2d 536 STATE v. HARRY C. MILLER, Ex’r. No. 3579.Supreme Court of New Hampshire Rockingham. Decided April 2, 1946. The fact that one forbears collection of the reasonable value of personal services until after the death of the recipient of the services, on the assumption that payment will be received from the estate, does […]
LARONDE v. RAILROAD, 73 N.H. 247 (1905)
60 A. 684 LARONDE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided April 4, 1905. Certain evidence deemed sufficient to warrant a finding that the motorman of an electric car was guilty of negligence in failing to seasonably discover the presence of a horse upon the tracks and avoid collision with the […]
MALCOLM v. MALCOLM, 90 N.H. 399 (1939)
10 A.2d 255 JAMES BENHAM MALCOLM, Ex’r v. JULIAN MALCOLM a. No. 3134.Supreme Court of New Hampshire Merrimack. Decided December 5, 1939. A testamentary disposition of the proceeds of the sale of specified property which is directed to be sold is as specific a legacy thereof as if the property itself had been bequeathed. In […]
STATE v. AMIRAULT, 149 N.H. 541 (2003)
825 A.2d 1120 THE STATE OF NEW HAMPSHIRE v. MICHAEL AMIRAULT No. 2002-144Supreme Court of New Hampshire RockinghamArgued March 5, 2003 Opinion Issued June 6, 2003 1. Records — Right to Inspect — Procedure In order to trigger an in camera review of confidential or privileged records, a defendant must establish a reasonable probability that […]
HOIT v. RUSSELL, 56 N.H. 559 (1876)
HOIT v. RUSSELL. Supreme Court of New Hampshire FROM CHESHIRE CIRCUIT COURT. Decided March 22, 1876. Practice — Payment of referee’s fees — Deed — Date, when contradicted — Evidence — Mortgage, with power of sale — Defective proceedings to foreclose — Title under, in third persons, when protected. An action was referred to a […]
FOWLER v. FOWLER, 96 N.H. 494 (1951)
79 A.2d 24 DANIEL E. FOWLER v. MABEL M. FOWLER. No. 4005.Supreme Court of New Hampshire Rockingham. March 6, 1951. Lack of proof in the trial court of the law of a foreign jurisdiction governing a case will not preclude a determination of the issue according to the common law of this State where it […]
DiPIETRO v. LAVIGNE, 97 N.H. 474 (1952)
92 A.2d 914 HAROLD E. DiPIETRO, Adm’r v. ROMEO LAVIGNE a. No. 4140.Supreme Court of New Hampshire Rockingham. Decided November 5, 1952. Defendant’s motion for a nonsuit at the close of plaintiff’s evidence was properly granted where the plaintiff failed to produce sufficient evidence to support a finding by the jury that it was more […]
FERGUSON v. O’BRIEN, 76 N.H. 192 (1911)
81 A. 479 FERGUSON a. v. O’BRIEN. Supreme Court of New Hampshire Hillsborough. Decided October 3, 1911. A lessee’s right to remove fixtures continues as long as he remains in possession of the premises by consent of the lessor. One who accepts a second lease after the first has expired is not thereby estopped from […]
TOWN OF BETHLEHEM v. TUCKER, 119 N.H. 927 (1979)
409 A.2d 1334 TOWN OF BETHLEHEM v. GEORGE E. TUCKER, III, a. No. 79-125Supreme Court of New Hampshire Grafton Decided December 28, 1979 1. Zoning — Appeals From Board of Adjustment — Due Process While statute permitting appeal from the grant of a zoning variance may not specifically require joinder of the successful variance applicant, […]
FALL v. HAINES, 65 N.H. 118 (1889)
23 A. 79 FALL v. HAINES, Ex’x. Supreme Court of New Hampshire Strafford. Decided June, 1889. The mere delivery of money by A to B is not evidence of B’s promise to repay it. ASSUMPSIT, against the executrix of John S. Haines, for money had and received. The plaintiff put in evidence two checks, drawn […]
SALISBURY BEACH ASSOCIATES v. LITTLEFIELD, 89 N.H. 447 (1938)
200 A. 777 SALISBURY BEACH ASSOCIATES v. RUSSELL LITTLEFIELD. Supreme Court of New Hampshire Rockingham. Decided June 21, 1938. In a writ of entry the issue is whether the demandant has proved title, and not whether the tenant has or has not title. Where the demandant’s claim of title required it to establish that the […]
DZIATLIK v. HOLY TRINITY c. CHURCH, 86 N.H. 234 (1933)
166 A. 284 BRONISLAW DZIATLIK v. HOLY TRINITY POLISH NATIONAL CATHOLIC CHURCH. Supreme Court of New Hampshire Hillsborough. Decided May 2, 1933. To a petition by a judgment debtor for an accounting and redemption under P. L., c. 345, s. 34, from an execution sale the non-payment within one year of the sale of the […]
FOG MOTORSPORTS #3 v. ARCTIC CAT SALES, 159 N.H. 266 (2009)
FOG MOTORSPORTS #3, INC. v. ARCTIC CAT SALES, INC. No. 2008-930.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: June 11, 2009. Opinion Issued: August 21, 2009. 1. Courts — Jurisdiction — Jurisdiction By Consent of Parties New Hampshire has, by statute, sanctioned the enforcement of forum selection clauses provided that the parties have agreed in […]
DESAULNIER v. MANCHESTER SCHOOL DIST., 140 N.H. 336 (1995)
667 A.2d 1380 CORISSA A. DESAULNIER v. MANCHESTER SCHOOL DISTRICT No. 94-292Supreme Court of New Hampshire Hillsborough-northern judicial district Decided October 27, 1995 1. Limitation of Actions — Accrual of Actions — Commencement of Action Supreme court has recognized three exceptions to the general rule fixing suit’s commencement time at the date specified on the […]
WEBSTER v. SUGHROW, 69 N.H. 380 (1898)
45 A. 139 WEBSTER, Ex’r, v. SUGHROW a. Supreme Court of New Hampshire Hillsborough. Decided June, 1898. A provision in a will that the residue of the testator’s estate shall be held by his executor, and expended at his discretion for the saying of masses for persons named, is valid as a bequest to a […]
DREW v. MORRILL, 62 N.H. 23 (1882)
DREW v. MORRILL. Supreme Court of New Hampshire Merrimack. Decided June, 1882. The mayor of a city is empowered to administer official oaths to all city officers. The acceptance of a collector’s bond, filed within the statutory period of six days, by the mayor and aldermen of a city, after that time, is a valid […]
ROCKHOUSE MT. PROP. OWNERS ASSOC. v. TOWN, CONWAY, 127 N.H. 593 (1986)
503 A.2d 1385 ROCKHOUSE MOUNTAIN PROPERTY OWNERS ASSOCIATION, INC. a. v. TOWN OF CONWAY a. No. 85-061Supreme Court of New Hampshire Carroll Decided January 6, 1986 1. Torts — Liability — Generally In any case in which the court is asked to recognize a new cause of action, it is a question of policy whether […]
CHURCHILL v. DEMERITT, 71 N.H. 110 (1901)
51 A. 254 CHURCHILL v. DEMERITT. Supreme Court of New Hampshire Belknap. Decided November 9, 1901. Where the affidavit required upon a conditional sale of personal property is subscribed by an agent of the party described in the memorandum as the vendor, the lien attempted to be retained cannot be enforced against a subsequent innocent […]
FARWELL v. METCALF, 63 N.H. 276 (1884)
FARWELL v. METCALF a. Supreme Court of New Hampshire Sullivan. Decided December, 1884. The appropriation of partnership property to the payment of the individual debts of a partner is valid against subsequent creditors of the firm. Facts found by a referee. E. D. Baker and H. W. Parker, for the plaintiff. Ira Colby and Batchelder […]
PARKHURST v. GIBSON (PARKHURST), 133 N.H. 57 (1990)
573 A.2d 454 ERWIN L. PARKHURST v. MILDRED D. GIBSON (PARKHURST) No. 89-325Supreme Court of New Hampshire Coos Decided April 13, 1990 1. Contracts — Antenuptial Agreements — Generally Task in interpreting antenuptial agreement is to ascertain parties’ intent as expressed in written contract. 2. Contracts — Parol Evidence Rule — Generally Under parol evidence […]
HUGHES v. SPEAKER, N.H. HOUSE OF REPRESENTATIVES, 152 N.H. 276 (2005)
876 A.2d 736 DANIEL M. HUGHES v. SPEAKER OF THE NEW HAMPSHIRE HOUSE OF REPRESENTATIVES a. No. 2005-215.Supreme Court of New Hampshire Merrimack.Argued: May 3, 2005. Opinion Issued: June 2, 2005. 1. Constitutional Law — New Hampshire Constitution — Separation of Powers The nonjusticiability of a political question derives from the principle of separation of […]
STATE v. BEAULIEU, 119 N.H. 400 (1979)
402 A.2d 178 THE STATE OF NEW HAMPSHIRE v. JANET A. BEAULIEU No. 78-269Supreme Court of New Hampshire Hillsborough Decided May 23, 1979 1. Searches and Seizures — Application for Warrant — Constitutional Standards When evaluating the constitutionality of a warrant, the informed and Page 401 deliberate determinations of magistrates are to be preferred over […]
OPINION OF THE JUSTICES, 113 N.H. 217 (1973)
304 A.2d 872 OPINION OF THE JUSTICES No. 6668Supreme Court of New Hampshire Request of the House of Representatives Decided May 23, 1973 1. Municipal zoning ordinances do not apply to control the location and construction of buildings by counties for essential functions of government, such as the construction of a courthouse. 2. Enactment of […]
STATE v. KILUK, 120 N.H. 1 (1980)
410 A.2d 648 THE STATE OF NEW HAMPSHIRE v. RICHARD KILUK No. 79-116Supreme Court of New Hampshire Hillsborough Decided January 24, 1980 1. Trial — Introduction of Evidence — Failure To Object Statement by defendant’s companion that “we’re all drunk” was clearly hearsay and called for renewed objection and motion to strike and instruction to […]
LADD v. BRICK CO., 68 N.H. 185 (1894)
37 A. 1041 LADD v. GRANITE STATE BRICK CO. Supreme Court of New Hampshire Rockingham. Decided December, 1894. Whether a lawful business properly conducted constitutes an actionable nuisance when injurious to another, depends upon its reasonableness under all the circumstances. BILL IN EQUITY, filed March 26, 1892, praying for an injunction against the manufacture of […]
BROOKS v. LEGASSE AMUSEMENT CO., 111 N.H. 126 (1971)
276 A.2d 480 BRIAN BROOKS, by his mother and next friend a. v. LEGASSE AMUSEMENT COMPANY, INC. STELLA BROOKS v. SAME. No. 6182.Supreme Court of New Hampshire Hillsborough. Decided April 5, 1971. 1. A minor is conclusively presumed, under RSA 281:12(supp.), to have accepted the provisions of the Workmen’s Compensation Act and to have waived […]
QUIMBY v. QUIMBY, 118 N.H. 907 (1978)
395 A.2d 1247 PHYLLIS E. QUIMBY v. FOREST P. QUIMBY a. No. 78-127Supreme Court of New Hampshire Strafford Decided December 29, 1978 1. Taxation — Real Property — Title Statute providing that real estate shall be taxed to the person claiming the same, or to the person who is in the possession and actual occupancy […]
HILCO, INC. v. LENENTINE, 142 N.H. 265 (1997)
698 A.2d 1254 HILCO, INC. AND DIVERSIFIED FINANCIAL SYSTEMS, INC. v. HALSTON O. LENENTINE AND JANET M. LENENTINE No. 96-119Supreme Court of New Hampshire Hillsborough-northern judicial district Decided August 14, 1997 1. Equity — Relief — Discretion of Trial Court The propriety of granting equitable relief rests within the sound discretion of the trial court […]
STATE v. BEAUVAIS, 102 N.H. 276 (1959)
155 A.2d 190 STATE v. LEO N. BEAUVAIS. No. 4773.Supreme Court of New Hampshire Jaffrey Municipal Court.Submitted October 7, 1959. Decided November 3, 1959. 1. A complaint for grossly careless operation of a motor vehicle (RSA 262:15-a (supp.) may properly be maintained where the evidence warrants a finding that the respondent’s course of conduct, in […]
SUNDELL v. TOWN OF NEW LONDON, 119 N.H. 839 (1979)
409 A.2d 1315 W. A. SUNDELL a. v. TOWN OF NEW LONDON No. 79-059Supreme Court of New Hampshire Merrimack Decided December 12, 1979 1. Waters — Public Both at common law and by statute, title to waters of a great pond vest in the State for public use. RSA 271:20 (Supp. 1977). 2. Waters — […]
STEVENSON v. WIGGIN, 56 N.H. 308 (1876)
STEVENSON v. WIGGIN. Supreme Court of New Hampshire FROM STRAFFORD CIRCUIT COURT. Decided March 20, 1876. Construction of grant. In a warranty deed of land was the following clause: “Also conveying the right to draw water from any and all the springs on said Clement’s [the grantor’s] land, easterly and above the aforesaid described premises, […]
FIDELITY CO. v. BUCKLEY, 75 N.H. 594 (1909)
73 A. 1117 FIDELITY AND DEPOSIT CO. v. BUCKLEY. Supreme Court of New Hampshire Coos. Decided June 26, 1909. BILL IN EQUITY, praying for the specific performance of an agreement to mortgage real estate. Transferred from the December term, 1908, of the superior court by Pike, J. Page 595 Daniel J. Daley and Herbert I. […]
PIPER v. MEREDITH, 109 N.H. 328 (1969)
251 A.2d 328 NELSON B. PIPER a. v. MEREDITH. No. 5885.Supreme Court of New Hampshire Belknap.Argued February 5, 1969. Decided March 20, 1969. 1. A ruling of the Superior Court that if a certain ordinance were enacted by a town it would be invalid was held not within the jurisdiction of that court. 2. The […]
STATE v. CUSHING, 119 N.H. 147 (1979)
399 A.2d 297 THE STATE OF NEW HAMPSHIRE v. ROBERT R. CUSHING JR. a. No. 78-249Supreme Court of New Hampshire Rockingham Decided March 7, 1979 1. Constitutional Law — Right to Jury Trial — Generally Right to a jury trial for a criminal defendant is fundamental to our system of criminal justice. N.H. CONST. pt. […]
KINGSTON 1686 HOUSE, INC. v. B.S.P. TRANSPORTATION, 121 N.H. 93 (1981)
427 A.2d 9 KINGSTON 1686 HOUSE, INC. v. B.S.P. TRANSPORTATION, INC. a. No. 80-081Supreme Court of New Hampshire Plaistow District Court Decided March 6, 1981 1. Sales — Tender of Delivery — Carriers Under section of Uniform Commercial Code which establishes requirements for tender of delivery by a seller, the requirements are the same for […]
APPEAL OF MURRAY, 142 N.H. 910 (1998)
714 A.2d 222 APPEAL OF CARMEN S. MURRAY (New Hampshire Compensation Appeals Board) No. 97-128Supreme Court of New Hampshire Compensation Appeals Board Decided July 21, 1998 1. Workers’ Compensation — Injuries or Illnesses Compensable — Medical Expenses Although a workers’ compensation petitioner has the right to select her own physician, this right is not unlimited […]
CANTY v. HOPKINS, 146 N.H. 151 (2001)
773 A.2d 1 JOHN F. CANTY, JR., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JOHN F. CANTY v. NATALIE A. HOPKINS. No. 97-725Supreme Court of New Hampshire Rockingham March 21, 2001 1. Executors and Administrators — Appointment — Terminationand Removal Upon due notice, a probate judge may revoke the appointment of an administrator who […]
IN RE GRONDIN ESTATE, 98 N.H. 313 (1953)
100 A.2d 160 IN RE DELVINA A. GRONDIN ESTATE. No. 4234.Supreme Court of New Hampshire Strafford Probate Court.Submitted October 6, 1953. Decided October 30, 1953. The certification by the probate court to the Supreme Court of questions relating to the incidence of the state inheritance tax on legacies and devises in wills is proper where […]
STATE v. HENNESSEY, 142 N.H. 149 (1997)
697 A.2d 930 THE STATE OF NEW HAMPSHIRE v. RAYMOND F. HENNESSEY No. 94-850Supreme Court of New Hampshire Strafford Decided July 10, 1997 1. Trial — Criminal Cases — Generally — Severance A trial court’s decision to consolidate charges will not be disturbed on appeal absent an abuse of discretion. 2. Trial — Criminal Cases […]
STATE v. NUTE, 63 N.H. 79 (1884)
STATE v. NUTE. Supreme Court of New Hampshire Carroll. Decided June, 1884. An indictment will not lie for fraudulently concealing money alleged to have been embezzled by the defendant. INDICTMENT, charging that the defendant, on the 12th day of May, 1868, being then treasurer of the county of Carroll, did embezzle and fraudulently convert to […]
KEROUAC v. DIR., N.H. DIV. OF MOTOR VEHICLES, 158 N.H. 353 (2009)
JAMES KEROUAC v. DIRECTOR, N.H. DIVISION OF MOTOR VEHICLES. No. 2008-434.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Submitted: November 19, 2008. Opinion Issued: February 18, 2009. 1. Highways — Motor Vehicles — Statutes The plain meaning of the phrase “sworn report” is a report to which an officer swears; to “swear” in this context means […]
HORTON v. McLAUGHLIN, 149 N.H. 141 (2003)
SHERMAN D. HORTON, JR. a. v. PHILIP T. MCLAUGHLIN, ATTORNEY GENERAL FOR THE STATE OF NEW HAMPSHIRE, AND THE STATE OF NEW HAMPSHIRE No. 2001-580Supreme Court of New Hampshire MerrimackArgued November 1, 2002 Opinion Issued February 18, 2003 1. Constitutional Law — Separation of Powers — Applicability The principle of justiciability prevents judicial violation of […]
TROVATO v. DEVEAU, 143 N.H. 523 (1999)
736 A.2d 1212 MARY C. TROVATO, EXECUTRIX OF THE ESTATE OF WILLIAM B. BOLTON v. THOMAS H. DEVEAU No. 97-748Supreme Court of New Hampshire Hillsborough Decided April 21, 1999 1. Constitutional Law — Equal Protection — Middle TierScrutiny Middle tier standard of review was proper level of constitutional scrutiny to be utilized in reviewing statutory […]
STATE v. HUNTER, 132 N.H. 556 (1989)
567 A.2d 564 THE STATE OF NEW HAMPSHIRE v. CECIL C. HUNTER No. 88-493Supreme Court of New Hampshire Rockingham Decided December 28, 1989 1. Sexual Assault — Aggravated Felonious Sexual Assault — Burden of Proof To obtain a conviction for aggravated felonious sexual assault, the State has an affirmative obligation to prove beyond a reasonable […]
SPENCER v. ST. CLAIR, 57 N.H. 9 (1876)
SPENCER v. ST. CLAIR. Supreme Court of New Hampshire FROM GRAFTON CIRCUIT COURT. Decided March 21, 1876. Rescission of contract. A contract can only be rescinded by the acts or assent of all the parties. A party claiming to have rescinded a contract, cannot excuse himself for not returning a promissory note, by showing that […]
GILMORE v. DODGE, 58 N.H. 93 (1877)
GILMORE v. DODGE. Supreme Court of New Hampshire Sullivan. Decided March, 1877. The stated salary of a judge of probate is payment in full for his official services, except when acting for a disqualified judge, or when attending for a person who, for sufficient cause, is unable, when required, to attend in person at a […]
BOLDUC v. COMPANY, 97 N.H. 360 (1952)
89 A.2d 538 JOSEPH G. BOLDUC v. SOMERSWORTH SHOE COMPANY, INC. a. No. 4097.Supreme Court of New Hampshire Strafford. Decided June 3, 1952. The notice required by the workmen’s compensation act (Laws 1947, c. 266, ss. 14, 16) is notice of an accident which gives rise to a claim for compensation. Hence, where notice was […]
GARSIDE v. COLBY, 72 N.H. 544 (1904)
58 A. 50 GARSIDE v. COLBY Tr. Supreme Court of New Hampshire Strafford. Decided May 3, 1904. In an action of foreign attachment brought on a judgment, the plaintiff may show the nature of the original debt, and the trustee will thereupon be chargeable for all wages due the defendant and earned by him prior […]
MEREDITH v. FULLERTON, 83 N.H. 124 (1927)
139 A. 359 MEREDITH v. EDWARD W. FULLERTON. Supreme Court of New Hampshire Belknap. Decided November 1, 1927. A town may let its town hall for private use for a reasonable period when such use will not unreasonably interfere with municipal needs. A grant of power to selectmen by a vote in general terms and […]
MERROW v. MERROW, 105 N.H. 103 (1963)
193 A.2d 19 PARKER M. MERROW, Indiv. Co-trustee v. GRACE W. MERROW a. No. 5141.Supreme Court of New Hampshire Carroll.Submitted June 5, 1963. Decided July 30, 1963. 1. Where real property was devised in trust to the testator’s wife and son for their lives with the remainder in equal shares to the issue of the […]
FRANKLIN NEEDLE CO. v. LABOR UNION, 99 N.H. 101 (1954)
105 A.2d 382 FRANKLIN NEEDLE COMPANY v. AMERICAN FEDERATION OF HOSIERY WORKERS A. F. L. LOCAL No. 173-A a. No. 4287.Supreme Court of New Hampshire Merrimack.Argued March 4, 1954. Decided May 27, 1954. An agreement submitting to arbitration is a contract subject to the laws governing contracts in general, and its interpretation and construction is […]
ATTORNEY-GENERAL v. JOHNSON, 63 N.H. 622 (1885)
4 A. 394 ATTORNEY-GENERAL (ex rel. Robinson) v. JOHNSON. Supreme Court of New Hampshire Belknap. Decided December, 1885. Barnard Barnard, for the plaintiff. Sanborn Hardy, for the defendant. INFORMATION in the nature of a quo warranto, alleging the relator’s election to the office of prudential committee of a school-district, and the defendant’s usurpation of the […]
FUSEGNI v. PORTSMOUTH HOUSING AUTH., 114 N.H. 207 (1974)
317 A.2d 580 JOSEPH FUSEGNI a. v. PORTSMOUTH HOUSING AUTHORITY No. 6657Supreme Court of New Hampshire Rockingham Decided March 29, 1974 1. Evidence of deterioration of property in the plaintiffs’ neighborhood from the time the defendant announced its urban renewal project and the absence of any suggestion that enhancement of the value of the plaintiffs’ […]
STATE v. LOUGHLIN, 66 N.H. 266 (1890)
20 A. 981 STATE v. LOUGHLIN. Supreme Court of New Hampshire Strafford. Decided June, 1890. A public record may be proved by an examined copy sworn to by an unofficial witness. ATTACHMENT FOR CONTEMPT, for violation of an injunction against a liquor nuisance. At the trial James E. French was called as a witness by […]
STATE v. BELYEA, 160 N.H. 298 (2010)
THE STATE OF NEW HAMPSHIRE v. JORDAN BELYEA. No. 2009-038.Supreme Court of New Hampshire. Grafton.Argued: November 17, 2009. Opinion Issued: May 20, 2010. 1. Judges — Disqualification —Generally The New Hampshire Constitution guarantees the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. The Code of […]
FRANKLIN v. TOWN OF NEWPORT, 151 N.H. 508 (2004)
861 A.2d 777 PETER FRANKLIN v. TOWN OF NEWPORT. No. 2004-211.Supreme Court of New Hampshire Sullivan.Submitted: September 10, 2004. Opinion Issued: November 30, 2004. 1. Municipal Law — Municipal Corporations — Governance Because the statute governing solid waste management districts requires that a district’s “business affairs and actions . . . shall be conducted and […]
N.E. TEL. TEL. CO. v. CITY OF ROCHESTER, 144 N.H. 118 (1999)
740 A.2d 135 NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY v. CITY OF ROCHESTER No. 97-647Supreme Court of New Hampshire Strafford Decided August 6, 1999 Rehearing Denied December 1, 1999 1. Taxation — Authority To Tax — Source Assessment and collection of taxes must be based on legislative authority. 2. Taxation — Assessment of Real Property […]
CLEMENT v. STARK, 109 N.H. 187 (1968)
246 A.2d 824 MEREDITH CLEMENT a. v. ROBERT L. STARK, Secretary of State. No. 5862.Supreme Court of New Hampshire Hillsborough.Argued October 2, 1968. Decided October 4, 1968. 1. The Secretary of State is not required to print upon the general election ballot in lieu of the names of candidates for electors the names of individuals […]
CAVANAUGH v. RAILROAD, 76 N.H. 68 (1911)
79 A. 694 CAVANAUGH, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided March 7, 1911. An argument of counsel embodying an erroneous conclusion of law which the jury are instructed to disregard does not furnish cause for setting aside a verdict. Where the evidence in an action for personal injuries received […]
STATE v. PROULX, 110 N.H. 187 (1970)
263 A.2d 673 STATE v. LEO PROULX No. 5945Supreme Court of New Hampshire Hillsborough Decided March 31, 1970 1. Collateral estoppel, if not double jeopardy, barred the defendant’s prosecution for statutory rape of his daughter after he had been acquitted of the charge of incest with her on dates substantially inclusive of the period of […]
CORRIGAN v. CLARK, 93 N.H. 137 (1944)
36 A.2d 631 DORIS T. CORRIGAN v. RITA CLARK. No. 3455.Supreme Court of New Hampshire Hillsborough. Decided March 7, 1944. Under Massachusetts law certain facts warranted a finding by the jury of gross negligence. CASE, for personal injuries. Trial by jury resulted in a verdict for the plaintiff. At the close of all of the […]
McCARTHY v. SOUTHER, 83 N.H. 29 (1927)
137 A. 445 ANNIE McCARTHY, Adm’x, v. HAROLD J. SOUTHER. SAME v. THE MORRIS COMPANY. Supreme Court of New Hampshire Hillsborough. Decided April 5, 1927. An operator of a motor vehicle upon a highway is required on approaching a pedestrian who is upon a traveled part thereof to slow down his car and give timely […]
NEW HAMPSHIRE INSURANCE GUAR. ASSN. v. PITCO FRIALATOR, 142 N.H. 573 (1998)
705 A.2d 1190 NEW HAMPSHIRE INSURANCE GUARANTY ASSOCIATION v. PITCO FRIALATOR, INC. No. 95-812Supreme Court of New Hampshire Merrimack Decided January 20, 1998 1. Judgments — Summary Judgment — Appellate Review In reviewing a superior court’s summary judgment ruling, the evidence is considered in the light most favorable to the non-movant and, if no genuine […]
HEATH v. JOYCE, 111 N.H. 309 (1971)
282 A.2d 668 JANE HEATH v. ROBERT E. JOYCE, JR. No. 6158.Supreme Court of New Hampshire Belknap. Decided October 5, 1971. 1. The plaintiff’s failure to move to withdraw an issue of agency before the trial court instructed the jury did not bar her from raising on appeal the question whether there was sufficient evidence […]
HAMLIN v. OLIVER, 77 N.H. 523 (1915)
93 A. 966 FRANK HAMLIN v. JULIA E. OLIVER. Supreme Court of New Hampshire Hillsborough. Decided April 6, 1915. The defendant’s fraudulent concealment of the plaintiff’s cause of action is a sufficient answer to a plea of the statute of limitations. In an action for deceit, the plaintiff is required to allege and prove, not […]
ATWOOD v. BURSCH, 107 N.H. 189 (1966)
219 A.2d 285 VIOLET W. ATWOOD v. BERTHA V. BURSCH. No. 5461.Supreme Court of New Hampshire Rockingham.Argued March 1, 1966. Decided April 29, 1966. 1. The statute (RSA 556:7) providing for the surviving of actions existing in favor of or against a deceased person at the time of his death is designed to extend the […]
MANELAS v. INSURANCE COMPANY, 89 N.H. 559 (1938)
2 A.2d 310 CHRIS MANELAS v. NATIONAL ACCIDENT AND HEALTH INSURANCE COMPANY. Supreme Court of New Hampshire Hillsborough. Decided November 1, 1938. ASSUMPSIT, on a policy of accident and health insurance issued to the plaintiff by the defendant. The plaintiff’s written application for insurance, dated April 22, 1935, was made a part of the policy. […]
BODWELL v. BROOKS, 141 N.H. 508 (1996)
686 A.2d 1179 ERICA U. BODWELL a. v. TROY BROOKS No. 95-772Supreme Court of New Hampshire Hillsborough-northern judicial district Decided December 23, 1996 1. Parent and Child — Paternity; Generally — Legitimation Children conceived or born during a lawful marriage are presumed to be legitimate. RSA 522:5, 458:23. 2. Parent and Child — Paternity; Generally […]
ANGLIN v. KLENNMAN, 140 N.H. 257 (1995)
665 A.2d 747 JOSEPH ANGLIN v. THOMAS J. KLEEMAN, M.D., a. No. 93-021Supreme Court of New Hampshire Hillsborough-northern judicial district Decided October 3, 1995 1. Physicians and Surgeons — Malpractice — Warranties Where plaintiff testified he was told that operation could give him knee that was stronger than before and that following surgery if he […]
PERKINS v. LABRECQUE, 70 N.H. 210 (1899)
47 A. 541 PERKINS, Assignee, v. LABRECQUE. Supreme Court of New Hampshire Hillsborough. Decided December, 1899. A transfer of chattels made within three months before the commencement of insolvency proceedings, in consideration of the payment of debts for which the vendee was already liable, and outside the ordinary course of business, is voidable by the […]
BARBER v. POLLOCK, 104 N.H. 379 (1963)
187 A.2d 788 FRANKLIN W. BARBER, Guardian v. JEAN B. POLLOCK a. No. 5040.Supreme Court of New Hampshire Hillsborough.Argued December 4, 1962. Decided January 31, 1963. 1. No action may be maintained by a guardian to recover for his ward’s “mental, emotional, physical and organic injury” resulting from viewing from inside a house, and a […]
CONNOLLY v. GALVIN, 120 N.H. 219 (1980)
412 A.2d 428 JAMES CONNOLLY v. MICHAEL GALVIN a. No. 79-320Supreme Court of New Hampshire Hillsborough Decided March 13, 1980 1. Insurance — Automobile Policies — Coverage Trial court’s finding, that defendant was not a resident of his mother’s household within the meaning of an automobile liability policy held by the mother and in effect […]