Category: New Hampshire Court Opinions

295 A.2d 457 STATE v. WILLIAM WEST. No. 6287.Supreme Court of New Hampshire Hillsborough. Decided September 29, 1972. 1. Evidence in the record did not sustain defendant’s argument that, although in the absence of statutory provision to the contrary, the uncorroborated testimony of an accomplice is competent evidence upon which to found a verdict, such […]

152 A.2d 878 OPINION OF THE JUSTICES. No. 4769.Supreme Court of New Hampshire Request of the Senate.Submitted June 30, 1959. Answer returned July 9, 1959. 1. The Legislature in the exercise of its power (Const., Pt. II, Art. 5th) to name or provide for the naming of all civil officers of the state may provide […]

409 A.2d 1328 HERBERT L. BRICKMAN v. CITY OF MANCHESTER No. 79-100Supreme Court of New Hampshire Hillsborough Decided December 28, 1979 1. Taxation — Appraisal and Assessment — Abatements In tax abatement petitions, the trial court is empowered to make a determination of the subject property’s market value. 2. Taxation — Appraisal and Assessment — […]

150 A.2d 522 OPINION OF THE JUSTICES. No. 4749.Supreme Court of New Hampshire Request of House of Representatives.Submitted April 23, 1959. Answer returned April 23, 1959. 1. The imposition of a service fee upon common carriers engaged in this state in carrying passengers by air with respect to each passenger emplaning at a public landing […]

73 A.2d 798 LOUIS SPEKIN a. v. CHARLES CARON. No. 3920.Supreme Court of New Hampshire Hillsborough. Decided June 6, 1950. The filing of a petition in bankruptcy and for an arrangement in such proceedings does not divest the Superior Court of its continuing jurisdiction over a pending action of assumpsit against the debtor or avoid […]

634 A.2d 998 THE STATE OF NEW HAMPSHIRE v. DONALD F. DEMMONS, JR. No. 92-333Supreme Court of New Hampshire Rockingham Decided November 30, 1993 1. Offenses — Particular Crimes — Sexual Offenses On appeal from conviction on two counts of felonious sexual assault for sexual penetration in the form of anal and sexual intercourse, defendant’s […]

523 A.2d 47 THE STATE OF NEW HAMPSHIRE v. REGINALD D. JOHNSON No. 86-108Supreme Court of New Hampshire Grafton Decided December 30, 1986 1. Witnesses — Victims — Credibility Eyewitness-victims are presumptively credible. 2. Searches and Seizures — Supporting Affidavit — Credibility of Sources At trial for possession of stolen property, motion to suppress evidence […]

248 A.2d 83 FRED R. O’DONNELL v. PAUL S. CRAY, Ex’r. No. 5772.Supreme Court of New Hampshire Cheshire.Argued October 1, 1968. Decided November 26, 1968. 1. The intent of the parties to make an oral contract may be established by evidence of what the parties said or did, their overt acts, and what they gave […]

689 A.2d 1330 SAMUEL PROCTOR, JR. a. v. WINSLOW MacDONALD, TRUSTEE OF THE MILFORD ELM STREET TRUST No. 95-061Supreme Court of New Hampshire Hillsborough-Southern judicial district Decided March 7, 1997 1. Brokers — Agency Relationship Although the exclusive listing agreement between a property owner and real estate brokers, which provided for commissions and included a […]

744 A.2d 75 GEORGE TSIATSIOS a. v. JANICE TSIATSIOS No. 97-416Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided December 13, 1999 1. Judgments — Collateral Estoppel — Requisites Generally In order for collateral estoppel to apply, issue subject to estoppel must be identical in both current and prior actions, first action must have resolved […]

507 A.2d 230 MARGUERITE A. HOWARD, ADMINISTRATRIX OF THE ESTATE OF SANDRA K. RASSIER v. HARTFORD INSURANCE COMPANY No. 85-089Supreme Court of New Hampshire Hillsborough Decided March 3, 1986 1. Estoppel — Collateral Estoppel — Declaratory Judgments To the extent any issue is litigated and determined in a declaratory judgment action, the doctrine of collateral […]

237 A.2d 681 AMERICAN EMPLOYERS’ INSURANCE CO. v. SWANZEY a. No. 5623.Supreme Court of New Hampshire Cheshire.Argued October 3, 1967. Decided January 30, 1968. 1. In declaratory judgment proceedings by a liability insurer to determine whether it is obligated by its comprehensive policy to defend a suit for personal injuries brought against the insured town […]

813 A.2d 1202 ALFRED H. TROMBLEY v. LIBERTY MUTUAL INSURANCE COMPANY No. 2001-452Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued October 17, 2002 Opinion Issued December 23, 2002 1. Insurance—Policies—Construction Insurance policy language is construed as it would be by a reasonable person in the position of the insured based upon more than a casual […]

337 A.2d 353 OPINION OF THE JUSTICES No. 7181Supreme Court of New Hampshire Request of Senate Decided April 30, 1975 1. To be constitutional, economic legislation, like the regulation of finance charges, must be based on some substantial and rational foundation, and classifications made by such legislation must reasonably promote some proper object of public […]

589 A.2d 998 KEVIN DANIEL AND DANIEL’S RESTAURANT v. B J REALTY d/b/a POP SCHULTZ AND TOWN OF HENNIKER ZONING BOARD OF ADJUSTMENT No. 90-021Supreme Court of New Hampshire Merrimack Decided April 26, 1991 1. Appeal and Error — Filing Appeal — Timely Filing Compliance with procedural deadline for filing appeal is necessary prerequisite to […]

227 A.2d 600 WILLIAM A. WELCH a. v. NASHUA a. No. 5578.Supreme Court of New Hampshire Hillsborough.Argued February 7, 1967. Decided March 29, 1967. 1. Where both the owner of land and the holder of an option to purchase were represented by counsel in applying for a variance from the terms of a zoning ordinance, […]

197 A.2d 204 STATE v. FRED GREEN. STATE v. RONALD STEVENS. No. 5190.Supreme Court of New Hampshire Belknap.Argued December 3, 1963. Decided January 31, 1964. 1. A criminal complaint for a misdemeanor may properly be nol prossed in the reasonable discretion of the prosecution and an information filed in substitution thereof charging a different offense […]

615 A.2d 629 ISLAND SHORES ESTATES CONDOMINIUM ASSOCIATION v. CITY OF CONCORD No. 90-417Supreme Court of New Hampshire Merrimack Decided November 4, 1992 1. Appeal and Error — Dismissal of Complaint — Standards for Review In appeals arising from motions to dismiss, appeals court must take as true the facts alleged, construe all reasonable inferences […]

384 A.2d 791 N. VAN MILLER v. LYFORD HUTCHINS AND ALYS E. HUTCHINS No. 7942Supreme Court of New Hampshire Carroll Decided March 31, 1978 Pleading — Counterclaims In action in debt on foreign judgment, where one of defendants counterclaimed, alleging acts of slander and libel in three separate jurisdictions, trial court was required, as matter […]

503 A.2d 762 THE STATE OF NEW HAMPSHIRE v. STEPHEN A. BAILEY No. 84-397Supreme Court of New Hampshire Hillsborough Decided December 4, 1985 1. Jury — “Voir Dire” — Supplemental Questions A defendant is entitled upon request to have the trial judge supplement the standard voir dire with supplemental questions when there is an articulable […]

146 A.2d 256 STATE v. DOMINGO ECHAVARRIA. No. 4682.Supreme Court of New Hampshire Keene Municipal Court.Argued November 5, 1958. Decided November 28, 1958. 1. The municipal court has jurisdiction to determine a complaint charging a resident of this state with the crime of neglecting and failing to support his dependent wife (RSA 460:23, supp.) although […]

320 A.2d 657 RICHARD L. STONEMAN v. TAMWORTH SCHOOL DISTRICT; ELVA F. BRICKFORD, LARRY GRACE AND PERCY T. OLTON, JR., AS MEMBERS OF THE TAMWORTH SCHOOL BOARD No. 6831Supreme Court of New Hampshire Carroll Decided May 31, 1974 1. The school board meeting at which the board took a final vote not to renew the […]

442 A.2d 602 THE STATE OF NEW HAMPSHIRE v. MAURICE A. LaROCHE No. 81-068Supreme Court of New Hampshire Rockingham Decided March 10, 1982 1. Physicians and Surgeons — Privileged Communications — Criminal Proceedings Statements about how an injury occurred are normal and needed information that one would expect to be given to a treating physician, […]

722 A.2d 483 In re NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION STATEWIDE ELECTRIC UTILITY RESTRUCTURING PLAN No. 98-114Supreme Court of New Hampshire Public Utilities Commission Decided December 23, 1998 1. Appeal and Error — Interlocutory Appeal — Scope ofReview Supreme court declined to consider whether rate agreement between State and electric utility constituted a binding contract, […]

665 A.2d 372 JAYNE CONRAD v. MICHAEL HAZEN a. No. 94-189Supreme Court of New Hampshire Rockingham Decided September 27, 1995 1. Limitation of Actions — Accrual of Actions — Generally A cause of action arises once all the necessary elements are present; in the case of torts, it would be when causal negligence is coupled […]

26 A.2d 682 G. LEROY GOWEN v. LEROY V. SWAIN. No. 3332.Supreme Court of New Hampshire Strafford. Decided June 2, 1942. A bond conditioned “to pay and satisfy all such damages” as might be occasioned by the improper granting of an injunction conforms to Rule of Court 133 (78 N.H. 708) and includes as “such […]

549 A.2d 778 PAULINE F. THONE a. v. LIBERTY MUTUAL INSURANCE COMPANY No. 88-097Supreme Court of New Hampshire Rockingham Decided July 28, 1988 1. Constitutional Law — Due Process — Civil Remedies and Proceedings Appropriate analysis for determining whether an adequate substitute has been provided by the legislature in place of an abolished workers’ compensation […]

406 A.2d 115 PAUL F. THIEM d/b/a PAUL F. THIEM ARTESIAN WELL COMPANY v. JAMES THOMAS No. 78-293Supreme Court of New Hampshire Hillsborough Decided August 17, 1979 1. Appeal and Error — Findings — Unrecorded Proceedings Where the proceedings below are not recorded, findings of fact are binding on appellate court on review of a […]

616 A.2d 464 ANDRE BONTE f/n/f STEPHANIE BONTE, AND ANDRE BONTE, individually v. SHARON BONTE No. 91-461Supreme Court of New Hampshire Hillsborough Decided October 30, 1992 1. Pleading — Motion To Dismiss — Inferences On appeal from granting of motion to dismiss, court will assume truth of facts alleged in plaintiff’s pleadings and all reasonable […]

4 A.2d 871 GLADYS N. BOWDLER v. ST. JOHNSBURY TRUCKING COMPANY a. No. 3014.Supreme Court of New Hampshire Merrimack. Decided February 7, 1939. The statute (P. L., c. 101, s. 9) forbidding the operation of motor vehicles by unlicensed operators does not apply to one who innocently allows his car to be driven by a […]

75 A.2d 785 ALFRED E. FORTIN v. FRANK L. SULLIVAN a. No. 3985.Supreme Court of New Hampshire Hillsborough. Decided October 9, 1950. Exclusive jurisdiction of contests relating to primary nominations vests in the Ballot-Law Commission by virtue of R. L., c. 34-A, s. 3 III. The Superior Court has no statutory or common law jurisdiction […]

174 A.2d 417 WILLIAM ALEXANDROPOULOS a. v. STATE OF NEW HAMPSHIRE. No. 4949.Supreme Court of New Hampshire Rockingham.Argued October 3, 1961. Decided October 27, 1961. 1. A bill of complaint by a landowner under RSA 491:8 based upon an alleged contract with the State “through its agents or servants” whereby the State allegedly agreed to […]

718 A.2d 236 PIKE INDUSTRIES, INC. a. v. HILTZ CONSTRUCTION, INC. No. 95-850Supreme Court of New Hampshire Belknap Decided September 24, 1998 1. Pleading — Constructon — Liberal Construction New Hampshire maintains a system of notice pleadings; as such, supreme court takes liberal approach to technical requirements of pleadings. 2. Pleading — Form and Contents […]

52 A.2d 294 OPINION OF THE JUSTICES. No. 3665b.Supreme Court of New Hampshire Decided March 19, 1947. A tax upon the sale of bottled soft drinks is permissible under the constitution (art. 6 as amended in 1903) since it includes a distinctive class of property not essential for human consumption and applies to all property […]

744 A.2d 621 In re CRAIG T. AND MEGAN T. No. 98-743Supreme Court of New Hampshire Belknap Decided December 30, 1999 1. Parent and Child — Custody — Unfit Parents Although mother did not participate in father’s assault on three-year-old son, her failure to intervene constituted neglect within meaning of statute, where she took no […]

777 A.2d 860 ROYAL OAK REALTY TRUST a. v. MORDITA REALTY TRUST a. No. 99-380, 99-826Supreme Court of New Hampshire Rockingham County Probate Court Decided July 2, 2001 1. Joint Ventures — Generally — Nature Joint venture agreement, like a partnership agreement, is a form of contract; therefore, general rules of contract apply to its […]

761 A.2d 1072 APPEAL OF SHANE BRADY (New Hampshire Board of Tax and Land Appeals) No. 98-201Supreme Court of New Hampshire Board of Tax and Land Appeals Decided October 16, 2000 1. Taxation — Assessment of Real Property Taxes — Statutory andRegulatory Requirements Plain language of statute did not permit board of tax and land […]

223 A.2d 416 STATE v. THOMAS E. HUTTON. No. 5533.Supreme Court of New Hampshire Hillsborough.Submitted October 5, 1966. Decided October 31, 1966. 1. The Superior Court may in the exercise of its discretion allow bail after conviction in a noncapital criminal case pending appeal to the Supreme Court, notwithstanding the fact that the respondent has […]

747 A.2d 252 JOHN VOELBEL v. TOWN OF BRIDGEWATER No. 98-052Supreme Court of New Hampshire Grafton Decided December 30, 1999 1. Defamation — Generally — Persons Liable Municipal officials, acting in a legislative capacity, are granted absolute immunity for their comments made during town meeting regarding town matters. 2. Defamation — Generally — Persons Liable […]

567 A.2d 186 PETITION OF DENISE L’HEUREUX (New Hampshire Department of Labor) No. 88-492Supreme Court of New Hampshire Original Decided December 13, 1989 1. Workers’ Compensation — Computation of Awards — Scheduled Permanent Impairment Award Under workers’ compensation law, when calculating injured party’s average weekly wage, date of prompt medical disclosure of the permanent impairment, […]

663 A.2d 1340 BRENDA WRIGHT v. LOON MOUNTAIN RECREATION CORPORATION d/b/a LOON MOUNTAIN EQUESTRIAN CENTER No. 94-266Supreme Court of New Hampshire Merrimack Decided August 22, 1995 1. Contracts — Liability for Negligence — Public Policy New Hampshire Supreme Court will not enforce an exculpatory contract that contravenes public policy. 2. Contracts — Construction — Ambiguity […]

645 A.2d 72 MERCER AND IRENE TREFETHEN v. NEW HAMPSHIRE INSURANCE GROUP No. 92-724Supreme Court of New Hampshire Rockingham Decided July 27, 1994 1. Insurance — Proceedings — Evidence Trial court in declaratory judgment action against insurer did not err in allowing insureds to argue and present evidence on issues of estoppel and agency relationship […]

156 A.2d 136 OPINION OF THE JUSTICES. No. 4810.Supreme Court of New Hampshire Request of Governor and Council.Submitted November 18, 1959. Decided December 1, 1959. 1. The statutory standard mileage table (RSA 14:17) prescribing the distances from various towns and city wards for which mileage shall be computed for members of the General Court in […]

427 A.2d 1 TOWN OF LEE v. DURHAM DISTRICT COURT No. 80-279Supreme Court of New Hampshire Strafford Decided February 23, 1981 Infants — Court Orders — Proper Parties Appeal by town from designation as the legally responsible unit for juvenile was properly dismissed where town claimed that imposition of liability was made without notice or […]

839 A.2d 22 THE STATE OF NEW HAMPSHIRE v. IAN J. McCARTHY. No. 2002-774.Supreme Court of New Hampshire Hillsborough-northern Judicial DistrictArgued: October 9, 2003. Opinion Issued: December 29, 2003. 1. Criminal Law — Victims — Restitution Statute allowing restitution for “[l]oss of income by the victim or the victim’s dependents” did not provide an avenue […]

834 A.2d 322 THE STATE OF NEW HAMPSHIRE v. Cory MacElman No. 2002-617Supreme Court of New Hampshire Lebanon District CourtArgued June 18, 2003 Opinion Issued September 2, 2003 1. Search and Seizure — Warrant Requirement; Exceptions —Exigent Circumstances The “exigent circumstances” exist where the police face a compelling need for immediate offical action and a […]

205 A.2d 34 JOHN L. BOULEY a. v. NASHUA a. No. 5262.Supreme Court of New Hampshire Hillsborough.Argued November 4, 1964. Decided November 30, 1964. 1. Where an owner has adopted a general scheme for development or subdivision of a tract or parcel of land and has inserted in his deeds of lots therefrom uniform restrictions […]

424 A.2d 205 ROGER YOUNG v. NEW HAMPSHIRE INDEMNITY COMPANY, INC. a. No. 80-195Supreme Court of New Hampshire Merrimack Decided December 26, 1980 1. Insurance — Construction of Contracts — Ambiguity Where policy language is ambiguous or where separate clauses lend themselves to conflicting interpretations, ambiguous language is construed against the insurer. 2. Insurance — […]

182 A.2d 605 STATE v. CHESTER F. MYAL. No. 5005.Supreme Court of New Hampshire Pittsfield Municipal Court.Argued May 2, 1962. Decided June 29, 1962. 1. While a municipal court has discretionary authority to grant continuances in criminal cases (RSA 596:1) and to authorize the taking of depositions after arraignment and plea, a respondent is not […]

623 A.2d 1331 THE STATE OF NEW HAMPSHIRE v. CAROLYN BLACKEY No. 92-041Supreme Court of New Hampshire Carroll Decided April 16, 1993 1. Evidence — Prior Acts and Proceedings — Grounds for Admissibility To admit evidence of prior bad acts trial court must first determine that evidence is relevant for a purpose other than to […]

207 A.2d 429 STATE v. DONALD LaFOREST. No. 5288.Supreme Court of New Hampshire Hillsborough.Argued December 2, 1964. Decided February 26, 1965. 1. Evidence of polygraph tests is inadmissible as a matter of law in a hearing on a motion for a new trial and to set aside verdicts in a criminal case. 2. Quaere: whether […]

100 A.2d 419 HARDWARE MUTUAL CASUALTY COMPANY v. MAX TOBYNE a. No. 4244.Supreme Court of New Hampshire Merrimack.Argued October 7, 1953. Decided October 30, 1953. In declaratory judgment proceedings to determine the rights and liabilities of the parties under a policy of liability insurance the Court was not required to give consideration to findings made […]

220 A.2d 768 WILLIAM G. RODD v. TITUS CONSTRUCTION CO. a. No. 5474.Supreme Court of New Hampshire Coos.Submitted May 5, 1966. Decided June 30, 1966. 1. Where the declaration of a writ stated that the action was in “a plea of mechanic’s lien” but the precept in the writ provided only for a general attachment […]

222 A.2d 203 WEEKS DAIRY, INC. v. NEW HAMPSHIRE MILK CONTROL BOARD. NEW HAMPSHIRE MILK DEALERS’ ASSOCIATION v. NEW HAMPSHIRE MILK CONTROL BOARD. Nos. 5451, 5452.Supreme Court of New Hampshire Milk Control Board.Argued June 8, 1966. Decided August 31, 1966. 1. In an appeal from an order of the Milk Control Board fixing price control […]

23 A.2d 375 DONAT DEMERS v. EDMUND C. BECKER, doing business as MANCHESTER YARN MILLS. No. 3284.Supreme Court of New Hampshire Hillsborough. Decided December 2, 1941. Under P. L., c. 328, s. 13 the defendant has the burden of proving contributory negligence; and in the absence of evidence, the mere possibility which exists in every […]

451 A.2d 1308 SPHEREX, INC. v. ALEXANDER GRANT COMPANY No. 81-439Supreme Court of New Hampshire United States District Court District of New Hampshire Decided October 14, 1982 1. Torts — Misrepresentation — Accountants Where the question before the supreme court did not involve intentional misrepresentation, the court, nevertheless, distinguished the law applicable to intentional misrepresentation […]

317 A.2d 787 DONALD E. PRESTON v. NATIONAL GRANGE MUTUAL INSURANCE CO. No. 6689Supreme Court of New Hampshire Merrimack Decided March 29, 1974 1. Trial court’s erroneous finding that insurance policy provision insuring against death or destruction to livestock “made necessary by . . . [a]ttack by dogs” included commercially reasonable disposition of cattle no […]

612 A.2d 1326 MARIA DiFRUSCIA, ADMINISTRATRIX OF THE ESTATE OF MARIA PAGLIERANI v. THE NEW HAMPSHIRE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS No. 91-346Supreme Court of New Hampshire Rockingham Decided September 10, 1992 1. Pleading — Motion To Dismiss — Inferences In a ruling on a motion to dismiss, the trial court must take all […]

38 A.2d 879 REITA A. WARE, Adm’x v. BOSTON MAINE RAILROAD. No. 3482.Supreme Court of New Hampshire Sullivan. Decided June 26, 1944. A request for a charge must bring to the mind of the Presiding Justice with substantial clearness the point of law that the party desires, otherwise an exception will not lie to a […]

780 A.2d 1275 APPEAL OF INTER-LAKES SCHOOL BOARD (New Hampshire Public Employee Labor Relations Board) No. 99-554Supreme Court of New Hampshire Public Employee Labor Relations Board Decided September 28, 2001 1. Schools — Administrative Rights and Duties — School Meetings Statutory provisions conferring upon school board responsibility for posting warrants do not afford school districts […]