667 A.2d 1036 NASHUA SCHOOL DISTRICT v. THE STATE OF NEW HAMPSHIRE No. 94-093Supreme Court of New Hampshire Hillsborough-southern judicial district Decided November 28, 1995 1. Schools — Generally — Construction of Statutes The 1986 amendment to RSA 193:27, I, has the effect of making a school district where a child is deemed to reside, […]
Category: New Hampshire Court Opinions
SWEENEY v. WILLETTE, 97 N.H. 330 (1952)
87 A.2d 858 ETHEL M. SWEENEY a. v. ALFRED WILLETTE a. No. 4106.Supreme Court of New Hampshire Coos. Decided April 1, 1952. The jury is entitled to believe a witness’ testimony at the trial, of events concerning an accident, notwithstanding contradictory evidence and his prior conflicting signed statement. Where the plaintiff’s motor vehicle collided in […]
HASELTON v. STREET RAILWAY, 71 N.H. 589 (1902)
53 A. 1016 HASELTON v. PORTSMOUTH, KITTERY YORK STREET RAILWAY. Supreme Court of New Hampshire Merrimack. Decided December 18, 1902. Evidence that a platform was regularly used for the reception of street railway passengers warrants a finding that the company had adopted it and invited the public to use it for that purpose. A street […]
IN THE MATTER OF LYNN LYNN, 158 N.H. 615 (2009)
IN THE MATTER OF MANON F. LYNN AND PAUL J. LYNN No. 2008-597.Supreme Court of New Hampshire. Derry Family Division.Submitted: February 18, 2009. Opinion Issued: April 24, 2009. 1. Parent and Child — Child Support — Modification To obtain a modification of child support obligations within three years of the entry of the last order […]
DOOLITTLE v. WALPOLE, 67 N.H. 554 (1893)
38 A. 19 DOOLITTLE v. WALPOLE. Supreme Court of New Hampshire Cheshire. Decided December, 1893. A town is not liable to an action not authorized by statute. The provision of an unsuitable lock-up by selectmen for the temporary detention of offenders is not a breach of any duty of the town. CASE. The declaration alleged, […]
STATE v. TIMMONS, 130 N.H. 831 (1988)
547 A.2d 312 THE STATE OF NEW HAMPSHIRE v. FLOYD H. TIMMONS, JR. No. 87-406Supreme Court of New Hampshire Grafton Decided August 10, 1988 1. Criminal Law — Sentence — Generally At conclusion of criminal sentencing, a defendant and society must know in plain and certain terms what punishment has been exacted as well as […]
TOWN OF HARRISVILLE v. CLOONEY, 122 N.H. 586 (1982)
448 A.2d 381 TOWN OF HARRISVILLE v. PATRICK CLOONEY No. 81-362Supreme Court of New Hampshire Cheshire Decided July 2, 1982 Appeal and Error — Scope of Review — Deference to Judgment of Trial Court In an appeal from lower court’s approval of master’s recommendation to quiet title to a roadway and spring in a town, […]
PETITION OF STATE EMPLOYEES’ ASSOC. GOULETTE, 129 N.H. 536 (1987)
529 A.2d 968 PETITION OF THE STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE, INC., THOMAS J. GOULETTE, a. (New Hampshire Personnel Commission) No. 86-133Supreme Court of New Hampshire Original Decided July 23, 1987 1. Constitutional Law — Equal Protection — Classifications In an equal protection challenge, absent a showing that a suspect class is involved, economic […]
RODD v. TITUS CONSTRUCTION CO., 107 N.H. 264 (1966)
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 […]
WEEKS DAIRY v. MILK CONTROL BOARD, 107 N.H. 348 (1966)
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 […]
DEMERS v. BECKER, 91 N.H. 519 (1941)
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 […]
SPHEREX, INC. v. ALEXANDER GRANT CO., 122 N.H. 898 (1982)
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 […]
PRESTON v. NATIONAL GRANGE MUT. INS. CO., 114 N.H. 212 (1974)
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 […]
DiFRUSCIA v. N.H. DEPT. OF PUB. WORKS HIGHWAYS, 136 N.H. 202 (1992)
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 […]
WARE v. RAILROAD, 93 N.H. 213 (1944)
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 […]
APPEAL OF INTER-LAKES SCHOOL BD., 147 N.H. 28 (2001)
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 […]
JOHNSON v. ABBOTT, 60 N.H. 150 (1880)
JOHNSON a. v. ABBOTT a. Tr. Supreme Court of New Hampshire Coos. Decided June, 1880. An amendment of a writ after entry, inserting the name of a trustee, may be allowed against the objection of subsequent attaching creditors, when it is shown that the trustee was duly served, and he appears and answers and is […]
OPINION OF THE JUSTICES, 99 N.H. 509 (1955)
112 A.2d 48 OPINION OF THE JUSTICES. No. 4398.Supreme Court of New Hampshire Decided March 11, 1955. The authority of the Governor and Council to award workmen’s compensation (Laws 1933, c. 44) to a state employee suffering a recent attack as a result of a compensable injury sustained in 1936 is governed by the law […]
CONNER v. STATE, 82 N.H. 126 (1925)
130 A. 357 ARTHUR J. CONNER v. STATE a. Supreme Court of New Hampshire Rockingham. Decided September 1, 1925. The constitutional amendment of 1903, authorizing the taxation of polls, estates and other classes of property, including franchises and property when passing by will or inheritance, permits taxation based upon considerations other than the ownership, possession […]
STATE v. RICHARDSON, 141 N.H. 139 (1996)
679 A.2d 565 THE STATE OF NEW HAMPSHIRE v. MICHAEL RICHARDSON No. 95-308Supreme Court of New Hampshire Merrimack Decided June 11, 1996 1. Offenses — Burglary — Evidence; Sufficiency Where officer explained that half an hour after burglary, he saw defendant carrying a walking stick, but not a portable stereo and the jury heard testimony […]
HOLT v. GAGE, 60 N.H. 536 (1881)
HOLT v. GAGE. Supreme Court of New Hampshire Merrimack. Decided June, 1881. When the plaintiff seeks to remove the bar of the statute of limitations by proof of a new promise by implication from an acknowledgment of the debt, the evidence should show an admission of a previous subsisting debt, which the defendant is liable […]
GOULD v. HUTCHINS, 73 N.H. 69 (1904)
58 A. 1046 GOULD v. HUTCHINS. Supreme Court of New Hampshire Coos. Decided October 4, 1904. Upon the question whether the plaintiff’s horse was frightened by an obstruction in a highway, evidence that other horses while passing the same object were not frightened may be competent. CASE, for negligently leaving in the highway six cakes […]
BEGGS v. READING COMPANY, 103 N.H. 156 (1961)
167 A.2d 61 ANN F. BEGGS v. READING COMPANY a. No. 4884.Supreme Court of New Hampshire Strafford.Argued December 6, 1960. Decided January 20, 1961. 1. Where a foreign corporation in a tort action filed a motion to dismiss, alleging improper service, over three months after the time permitted for the filing of such motions (Superior […]
AYER v. CHADWICK, 66 N.H. 385 (1890)
23 A. 428 AYER v. CHADWICK, Adm’r. Supreme Court of New Hampshire Merrimack. Decided December, 1890. Proof that an administrator, on being called on for payment of a note against his intestate, admitted it to be due and promised payment, is evidence of an exhibition of the claim. ASSUMPSIT, on a joint and several promissory […]
BURNHAM v. BUTLER, 58 N.H. 568 (1879)
BURNHAM v. BUTLER. Supreme Court of New Hampshire Hillsborough. Decided March, 1879. Evidence, admitted upon the undertaking of counsel to make it competent, and withdrawn with the consent of the court, is not a cause for a new trial unless the jury were prejudiced by it. Whether the jury were prejudiced by it is a […]
OPINION OF THE JUSTICES, 99 N.H. 512 (1955)
112 A.2d 44 OPINION OF THE JUSTICES. No. 4399.Supreme Court of New Hampshire Decided March 11, 1955. An annual tax upon income from dividends and interest may constitutionally be levied (Const. Pt. II, Art. 6) at a rate differing from the average rate of the annual property tax throughout the state provided it is laid […]
CARON ENTERPRISES, INC. v. COMPANY, 87 N.H. 371 (1935)
179 A. 665 E. J. CARON ENTERPRISES, INC. v. STATE OPERATING CO. Supreme Court of New Hampshire Hillsborough. Decided June 27, 1935. An unauthorized use of personal property by one who has only a limited right to its possession and use constitutes a conversion. A lessor of a moving picture theater together with “the furniture […]
AMODEO v. ALLEN, 94 N.H. 370 (1947)
54 A.2d 363 ALBERT AMODEO a. v. CHRIS A. ALLEN. No. 3644.Supreme Court of New Hampshire Hillsborough. Decided July 2, 1947. An accommodation maker of a promissory note is liable to the promisee as a holder for value although the promisee knew at the time of taking the instrument that he was merely an accommodation […]
LAMARCHE v. MCCARTHY, 2008-355 (N.H. 1-5-2009)
965 A.2d 992 NANCY J. LAMARCHE v. STEPHANIE A. MCCARTHY. No. 2008-355Supreme Court of New Hampshire BelknapArgued: November 12, 2008 Opinion Issued: December 31, 2008 Amended January 5, 2009. Page 1 Simpson Mulligan, P.L.L.C., of Lebanon (Gary Apfel on the brief and orally), for the plaintiff. Getman, Stacey, Schulthess Steere, of Bedford, for the defendant, […]
WHITEFIELD v. DALTON, 80 N.H. 93 (1921)
112 A. 907, 114 A. 401 WHITEFIELD v. DALTON. Supreme Court of New Hampshire Coos. Decided March 1, 1921. A deed by a lower to an upper riparian proprietor, granting the right to deposit waste from a tannery, confers the right to act toward the land in this regard as though the property were that […]
CAVANAUGH v. ASSURANCE CORP’N, 79 N.H. 186 (1919)
106 A. 604 JAMES F. CAVANAUGH a. v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION. Supreme Court of New Hampshire Hillsborough. Decided March 4, 1919. One insured against liability for accidents may maintain case against his insurer who has negligently conducted the defence of a claim covered by the policy. A verdict will not be […]
TOWN OF NOTTINGHAM v. HARVEY, 120 N.H. 889 (1980)
424 A.2d 1125 TOWN OF NOTTINGHAM v. DANIEL HARVEY a. TOWN OF NOTTINGHAM v. LEE HOMES, INC. a. No. 79-274 No. 79-275 No. 79-464Supreme Court of New Hampshire Rockingham Decided December 29, 1980 1. Municipal Ordinances — Generally When a municipal ordinance is challenged, there is a presumption that the ordinance is valid and, consequently, […]
STATE v. GALLANT, 108 N.H. 72 (1967)
227 A.2d 597 STATE v. LUDGER GALLANT. No. 5495.Supreme Court of New Hampshire Nashua District Court.Argued January 4, 1967. Decided March 29, 1967. 1. In a criminal complaint for operation of a motor vehicle while under the influence of intoxicating liquor (RSA 262-A:62) the fact that a sample of blood was taken from the respondent […]
PETITION OF HAMEL, 137 N.H. 488 (1993)
629 A.2d 802 PETITION OF ROBERT HAMEL No. 93-130Supreme Court of New Hampshire Original Decided July 30, 1993 1. Bail — Pending Appeal — Generally Petitioner convicted of felonious sexual assault had no absolute constitutional right to appeal from his conviction and therefore no constitutional right to bail pending appeal. RSA 597:1-a, I (Supp. 1992). […]
PRATTE v. BALATSOS, 101 N.H. 48 (1957)
131 A.2d 142 OSCAR PRATTE d/b/a JOY BAR MUSIC CO. v. SPIROS A. BALATSOS d/b/a JOY BAR LUNCHEONETTE. No. 4513.Supreme Court of New Hampshire Hillsborough.Argued April 2, 1957. Decided May 23, 1957. 1. The holding in Pratte v. Balatsos, 99 N.H. 430, that a certain written agreement between a music company and a proprietor of […]
IN RE MONADNOCK, 147 N.H. 419 (2002)
790 A.2d 786 IN RE PACK MONADNOCK No. 2000-325Supreme Court of New Hampshire Hillsborough County Probate Court Decided February 8, 2002 1. Trusts — Generally — Construction of Instruments Where a court is construing an inter vivos trust evidenced by a written instrument, the terms of the trust are determined by the provisions of the […]
PERLEY v. HILTON, 55 N.H. 444 (1875)
PERLEY v. HILTON. Supreme Court of New Hampshire Belknap. Decided June 2, 1875. Evidence — Flowage — Title by prescription. P. brought an action on the case against H. and others, to recover damages for flowage to his land by means of the defendants’ dam. The defendants claimed they had a right to flow to […]
TREISMAN v. KAMEN, 126 N.H. 372 (1985)
493 A.2d 466 ROBERT S. TREISMAN v. DEAN KAMEN No. 83-226Supreme Court of New Hampshire Hillsborough Decided April 18, 1985 1. Appeal and Error — Findings — Master’s Findings On appeal of a master’s findings and rulings, the only consideration is whether the master abused his discretion or erred as a matter of law. 2. […]
NEWICK v. EASTHAM, 80 N.H. 11 (1921)
112 A. 395 ELIZABETH A. NEWICK v. EASTHAM a. Supreme Court of New Hampshire Rockingham. Decided January 4, 1921. In assumpsit for the use and occupation of an ice-house, evidence of the cost of the property, the quantity of ice cut and housed by the defendant, the expense thereof, the price he received for the […]
HOPKINS v. FLEET BANK-NH, 143 N.H. 385 (1999)
724 A.2d 1287 WILLIAM F. HOPKINS, JR. a. v. FLEET BANK-NH No. 96-329Supreme Court of New Hampshire Strafford Decided March 2, 1999 1. Contracts — Construction — Judicial Review Interpretation of contract, including whether a contract term is ambiguous, is ultimately a matter of law for supreme court to decide. 2. Contracts — Construction — […]
STATE v. CHASE, 109 N.H. 296 (1969)
249 A.2d 677 STATE v. MATTIE MAE CHASE. No. 5849.Supreme Court of New Hampshire Rockingham.Argued January 7, 1969. Decided January 31, 1969. 1. A respondent’s right to counsel, in an indictment for aggravated assault, is guaranteed by both the State and Federal Constitutions; and such right is not confined to the trial and the appeal […]
PELLA WINDOWS AND DOORS v. ST. MARY’S BANK, 133 N.H. 582 (1990)
580 A.2d 730 PELLA WINDOWS AND DOORS, INC. v. ST. MARY’S BANK No. 89-185Supreme Court of New Hampshire Hillsborough Decided August 27, 1990 1. Contracts — Construction Contracts — Subcontractors In suit by construction subcontractor against construction mortgagee to recover payment for windows ordered by the general contractor, based on general contractor’s written authorization to […]
SIMONEAU v. INSURANCE CO., 89 N.H. 402 (1938)
200 A. 385 LAURA SIMONEAU a. v. THE PRUDENTIAL INSURANCE Co. Supreme Court of New Hampshire Hillsborough. Decided June 1, 1938. In an action upon a policy insuring against death “as a result directly and independently of all other causes of bodily injuries effected solely through external violent and accidental means” the question was properly […]
JUNIOR ACHIEVEMENT v. UNITED WAY, 132 N.H. 205 (1989)
562 A.2d 1318 JUNIOR ACHIEVEMENT OF GREATER NASHUA, INC. v. UNITED WAY OF GREATER NASHUA, INC. a. No. 88-429Supreme Court of New Hampshire Hillsborough Decided August 30, 1989 1. Appeal and Error — Questions Considered on Appeal — Matter Not Briefed Where issue was unique, novel, and deserving of full briefing and argument, and where […]
SHERRYLAND v. SNUFFER, 150 N.H. 262 (2003)
837 A.2d 316 SHERRYLAND, INC. v. REGINA SNUFFER. Nos. 2002-420, 2002-455.Supreme Court of New Hampshire Franklin District CourtArgued: September 11, 2003. Opinion Issued: November 21, 2003. 1. Landlord and Tenant — Termination of Lease — Wrongful Termination In an eviction action, once the prerequisite of retaliation is satisfied, the trial court is allowed to impose […]
ROBERTSON v. MONROE, 80 N.H. 258 (1922)
116 A. 92 ELIZABETH A. ROBERTSON v. FRED B. MONROE a. Supreme Court of New Hampshire Hillsborough. Decided January 3, 1922. In an action against selectmen for negligently making and leaving an approach condition dangerous to travelers, the test is whether there was a probability that travelers would be misled by the indications on the […]
EDGERLY v. CONCORD, 59 N.H. 78 (1879)
EDGERLY v. CONCORD. Supreme Court of New Hampshire Merrimack Decided June, 1879. A declaration for damage caused by a defective highway is not sustained by proof of a negligent act of a fireman in the highway frightening a traveller’s horse. CASE, to recover damage for personal injury, caused by obstruction in highway. October 10, 1874, […]
STATE v. DINGMAN, 144 N.H. 113 (1999)
738 A.2d 357 THE STATE OF NEW HAMPSHIRE v. ROBERT DINGMAN Nos. 97-459, 97-690Supreme Court of New Hampshire Strafford Decided August 3, 1999 1. Appeal and Error — Questions Considered on Appeal — Constitutionality Because constitutional dimension of defendant’s argument concerning jury instruction was not called to trial court’s attention, nor raised in notice of […]
SEYMOUR v. N.H. SAVINGS BANK, 131 N.H. 753 (1989)
561 A.2d 1053 ROSS SEYMOUR AND VIRGINIA SEYMOUR v. NEW HAMPSHIRE SAVINGS BANK No. 88-141Supreme Court of New Hampshire Merrimack Decided July 13, 1989 1. Banks and Banking — Construction Loan Agreement — Duty To Inspect Trial court properly found that bank had no contractual duty to inspect and guard against poor workmanship on construction […]
STATE v. SEELEY, 116 N.H. 57 (1976)
357 A.2d 870 STATE OF NEW HAMPSHIRE v. JAMES J. SEELEY No. 7358Supreme Court of New Hampshire Original Decided January 31, 1976 1. The purpose of RSA 597:1-a (Supp. 1975) is to encourage the release on bail of defendants pending appeal. 2. In the absence of any transcript of the trial, probation department report, or […]
BOUTHET v. COMPANY, 75 N.H. 581 (1910)
78 A. 650 BOUTHET, Adm’r, v. INTERNATIONAL PAPER CO. Supreme Court of New Hampshire Coos. Decided December 6, 1910. A master who knowingly maintains his appliances in an abnormal condition is liable to an injured servant who was not informed of the peculiar danger and is not chargeable with knowledge of its existence. The fact […]
STATE v. GALLAGHER, 157 N.H. 421 (2008)
THE STATE OF NEW HAMPSHIRE v. SHANNON GALLAGHER THE STATE OF NEW HAMPSHIRE v. TIMOTHY A. HUGHES. No. 2007-553.Supreme Court of New Hampshire. Plymouth District Court.Submitted: April 10, 2008. Opinion Issued: June 27, 2008. 1. Highways — Motor Vehicles — OperatingUnder Influence Convictions under the former driving while under the influence statute serve as a […]
STATE v. HICKEY, 129 N.H. 53 (1986)
523 A.2d 60 THE STATE OF NEW HAMPSHIRE v. JOSEPH HICKEY No. 85-462Supreme Court of New Hampshire Merrimack Decided December 31, 1986 1. Evidence — Past Offenses — Admissibility Evidence of prior convictions is admissible if it will be of assistance in properly evaluating the testimony of the defendant witness and if its probative value […]
WEARE v. WEARE, 59 N.H. 293 (1879)
WEARE v. WEARE. Supreme Court of New Hampshire Rockingham. Decided December, 1879. Construction given to a devise of land north of a certain line. WRIT OF ENTRY for an undivided half of certain lands in Hampton Falls. Plea, disclaimer of a part, and the general issue Page 294 as to the remainder. The plaintiff claims […]
STATE v. BRADFORD, 57 N.H. 188 (1876)
STATE v. BRADFORD. STATE v. HOYT. Supreme Court of New Hampshire FROM STRAFFORD CIRCUIT COURT. Decided August 10, 1876. Grand jurors — Venires — Practice. A writ of venire need not be under the seal of the court, nor bear teste of the chief, first, or senior justice. The presiding justice may excuse grand jurors […]
STATE v. GUYETTE, 139 N.H. 526 (1995)
658 A.2d 1204 THE STATE OF NEW HAMPSHIRE v. THERESA GUYETTE No. 93-367Supreme Court of New Hampshire Strafford Decided May 26, 1995 1. Minors — Child Abuse — Expert Testimony Battered child syndrome is an expert medical diagnosis that a particular injury or group of injuries to a child is not accidental or is not […]
FREE v. BUCKINGHAM, 57 N.H. 95 (1876)
FREE v. BUCKINGHAM. Supreme Court of New Hampshire FROM COOS CIRCUIT COURT. Decided March 22, 1876. Chancery — Fraud — Husband and wife. The plaintiffs, who were husband and wife, sought to set aside two deeds of certain property, the object of which was to create a trust for the wife, and which it was […]
BEATTIE v. HILLIARD, 55 N.H. 428 (1875)
BEATTIE v. HILLIARD. Supreme Court of New Hampshire Coos. Decided March 12, 1875. It is a gross misconduct for a person who has formed and expressed an opinion on the case, to accept the office of arbitrator without informing the parties of the fact. It is sufficient reason for admitting secondary evidence that the original […]
GRISWOLD v. MORSE, 59 N.H. 211 (1879)
GRISWOLD v. MORSE. Supreme Court of New Hampshire Grafton. Decided June, 1879. It is no defence to an action, by an assignee in bankruptcy of a tenant of a farm, against the landlord for a conversion of the crops, that the tenant had abandoned the premises before the expiration of the lease; nor is the […]
BUCK v. BUCK, 97 N.H. 178 (1951)
83 A.2d 922 DORINDA M. BUCK v. LOAMINI T. BUCK. No. 4052.Supreme Court of New Hampshire Rockingham. Decided November 6, 1951. A libel for divorce which alleged serious injury to libelant’s health resulting from certain conduct on the part of the libelee and supported by evidence of loss of weight, a nervous condition and medical […]
PLANCHET v. N.H. HOSP., 115 N.H. 361 (1975)
341 A.2d 267 PIERRE PLANCHET v. NEW HAMPSHIRE HOSPITAL No. 7004Supreme Court of New Hampshire Merrimack Decided June 30, 1975 1. An employment policy that prefers one sex over another based upon immutable characteristics of the sexes is forbidden by RSA 354-A:8 I (Supp. 1973). 2. Forbidden as discriminatory are employment practices that deny to […]
STATE v. KIMBALL, 140 N.H. 150 (1995)
663 A.2d 634 THE STATE OF NEW HAMPSHIRE v. WAYNE KIMBALL No. 94-182Supreme Court of New Hampshire Belknap Decided August 17, 1995 1. Criminal Law — Judgment and Sentence — Generally A trial court has broad discretion in choosing the sources and types of evidence on which to rely in imposing sentence, and its sentencing […]
MADBURY v. STATE, 115 N.H. 196 (1975)
340 A.2d 103 TOWNS OF MADBURY AND LEE v. STATE OF NEW HAMPSHIRE AND OYSTER RIVER COOPERATIVE SCHOOL DISTRICT No. 6931Supreme Court of New Hampshire Merrimack Decided April 30, 1975 1. The State’s motion to dismiss on the ground of sovereign immunity the towns’ action to recover damages from the State for the misapplication of […]
ELY v. DeROSIER, 123 N.H. 249 (1983)
459 A.2d 280 SUSAN ELY v. JOSEPH G. DeROSIER No. 82-236Supreme Court of New Hampshire Hillsborough Decided March 31, 1983 1. Parent and Child — Support — Governing Law The obligation of support under the Uniform Reciprocal Enforcement of Support Act is generally determined according to the law of the responding state. RSA 546:7. 2. […]
STATE v. BUCHANAN, 155 N.H. 505 (2007)
STATE OF NEW HAMPSHIRE v. SCOTT BUCHANAN. No. 2006-324.Supreme Court of New Hampshire Concord District Court.Submitted: March 22, 2007. Opinion Issued: May 30, 2007. 1. Weapons — Generally — Federal Regulation Because the trial court impermissibly equated incompetency to stand trial with “adjudicated as a mental defective,” as defined in the federal firearms law, its […]
SMITH v. INSURANCE CO., 98 N.H. 420 (1953)
101 A.2d 778 ERVILLE H. SMITH a. v. FARM BUREAU c. INSURANCE CO. OF CONCORD. No. 4263.Supreme Court of New Hampshire Merrimack.Submitted December 2, 1953. Decided December 31, 1953. A motor vehicle collision insurance policy provision allowing the insurer at its option to repair the damaged vehicle in lieu of paying the cost of repairs […]
RINES v. RINES, 97 N.H. 55 (1951)
80 A.2d 497 IRVETTE L. RINES v. STANLEY J. RINES. No. 3953.Supreme Court of New Hampshire Carroll. Decided May 1, 1951. Under the common law of Maine a parent cannot maintain an action against its unemancipated child for the negligent operation of a motor vehicle. The common-law rule forbidding such actions as against public policy […]
STATE v. CONSOLIDATED RECYCLING, 144 N.H. 467 (1999)
743 A.2d 839 THE STATE OF NEW HAMPSHIRE v. CONSOLIDATED RECYCLING, INC. a. No. 97-656Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided December 16, 1999 1. Judgments — Default Judgments — Pro Confesso Default entered by trial court for failure to file timely answer to equity petition had effect of a decree pro confesso, […]
STATE EX REL. McLELLAN v. CAVANAUGH, 127 N.H. 33 (1985)
498 A.2d 735 THE STATE OF NEW HAMPSHIRE ex rel. RONALD A. McLELLAN v. RICHARD CAVANAUGH, SHERIFF a. THE STATE OF NEW HAMPSHIRE v. RONALD A. McLELLAN No. 83-457 No. 84-051Supreme Court of New Hampshire Strafford Decided August 5, 1985 1. Sexual Assault — Construction of Laws Statutory provision that psychiatric examination and evaluation of […]
TUCKER v. MERCHANTS INS. GROUP, 146 N.H. 168 (2001)
769 A.2d 357 PAULINA L. TUCKER, INDIVIDUALLY, AND AS MOTHER AND NEXT FRIEND OF MARTIN ROLLINS AND JASON ROLLINS v. MERCHANTS INSURANCE GROUP. No. 99-097Supreme Court of New Hampshire Coos March 21, 2001 1. Insurance — Policies — Construction In interpreting an insurance policy, the court takes the plain and ordinary meaning or the policy’s […]
KEEFE v. RAILROAD, 75 N.H. 116 (1908)
71 A. 379 KEEFE v. SULLIVAN COUNTY RAILROAD. Supreme Court of New Hampshire Cheshire. Decided November 4, 1908. A declaration by a person since deceased, who was so situated as to have the means of knowledge and had no interest to misrepresent, is competent evidence upon a question of boundary, although not made upon the […]
MILNE v. STATE, 113 N.H. 516 (1973)
309 A.2d 911 JONATHAN MILNE d.b.a. MILNE ENTERPRISES, a. v. STATE OF NEW HAMPSHIRE No. 6532Supreme Court of New Hampshire Public Utilities Commission Decided September 28, 1973 1. Original motor carrier certificate for transportation of fuel oil and kerosene issued under RSA 375-B:4 (Supp. 1972), the so-called grandfather clause, necessarily limited each motor carrier to […]
KEAZAR v. BANK, 75 N.H. 278 (1909)
73 A. 170 KEAZAR v. COLEBROOK NATIONAL BANK. Supreme Court of New Hampshire Coos. Decided May 4, 1909. An indorser of a dishonored check, who has paid to the holder’s agent the sum due thereon and reimbursed a subsequent indorser for the amount voluntarily paid by him to the holder to avoid threatened litigation, cannot […]
BARNARD v. COMPANY, 66 N.H. 401 (1890)
29 A. 1033 BARNARD v. PEOPLE’S FIRE INSURANCE CO. Supreme Court of New Hampshire Hillsborough. Decided December, 1890. Under the act of 1885 (c. 93, s. 2), where there is a total loss of insured property, and over-insurance was not fraudulently obtained, a grossly excessive and false statement of value in the proof of loss […]
STATE v. CARROLL, 138 N.H. 687 (1994)
645 A.2d 82 THE STATE OF NEW HAMPSHIRE v. JASON CARROLL No. 92-516Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 22, 1994 1. Criminal Law — Confessions — Generally Part I, article 15 of the State Constitution provides greater protection to a criminal defendant with respect to the voluntariness of a confession than […]
IN RE GUARDIANSHIP OF DORSON, 156 N.H. 382 (2007)
IN RE GUARDIANSHIP OF ROBERT D. DORSON. No. 2007-031.Supreme Court of New Hampshire. Hillsborough County Probate Courzt.Argued: September 13, 2007. Opinion Issued: October 31, 2007. 1. Interest — Recovery — Prejudgment Interest Because funds that a guardian unlawfully withdrew from an annuity of the ward were debts that he owed the estate, any surcharge that […]
COMPANY v. CLOUGH, 69 N.H. 609 (1899)
45 A. 565 CONCORD LAND AND WATER POWER CO. v. CLOUGH. Supreme Court of New Hampshire Merrimack. Decided June, 1899. Town records showing the appraisal of real estate for purposes of taxation are not admissible to prove its value. PETITION, under P. S., c. 142, ss. 12-19, for assessment of damages for flowing the defendant’s […]
MAJOR v. ACORN INVESTMENT CO., 134 N.H. 86 (1991)
588 A.2d 811 PAMELA A. MAJOR v. ACORN INVESTMENT COMPANY, INC. No. 90-294Supreme Court of New Hampshire Hillsborough Decided March 27, 1991 1. Interest — Right To Recover — Arbitration Award Arbitration proceedings are not civil proceedings at law or in equity within meaning of statute mandating that interest be added to damage awards in […]
APPEAL OF MASCOMA VALLEY REGIONAL SCH. DIST., 141 N.H. 98 (1996)
677 A.2d 679 APPEAL OF MASCOMA VALLEY REGIONAL SCHOOL DISTRICT No. 94-725Supreme Court of New Hampshire Grafton Decided June 3, 1996 1. Statutes — Generally — Construction When the supreme court interprets statutes, it looks to the plain meaning of the words used and aims to apply statutes in light of the legislature’s intent in […]
LINDELL v. STONE, 77 N.H. 582 (1915)
94 A. 963 SVANTE LINDELL v. ROBERT W. STONE a. JOHN LINDELL v. SAME. Supreme Court of New Hampshire Cheshire. Decided June 26, 1915. In an action against an employer to recover for personal injuries sustained by a boy fifteen years of age, evidence of the defendant’s non-compliance with the provisions of chapter 162, Laws […]
COX’S CASE, 148 N.H. 559 (2002)
813 A.2d 429 Cox’s Case No. LD-99-002Supreme Court of New Hampshire OriginalArgued September 18, 2002 Opinion Issued November 26, 2002 1. Attorneys — Professional Conduct Rules — Violations Client’s requests for billing information fifteen months after receiving a bill from the respondent were reasonable, and the respondent was required to comply with those requests. N.H.R.PROF.COND.1.4(a). […]
IBEY v. IBEY, 93 N.H. 434 (1945)
43 A.2d 157 MAUDE S. IBEY v. EVERETT F. IBEY a. No. 3543.Supreme Court of New Hampshire Grafton. Decided June 28, 1945. United States Government bonds purchased and made payable in the event of death to named beneficiaries are valid contracts for the benefit of third parties. A gift inter vivos may be perfected although […]
HAZEN v. QUIMBY, 61 N.H. 76 (1881)
HAZEN v. QUIMBY. Supreme Court of New Hampshire Grafton. Decided June, 1881. Justice may require the substitution of a new party for the original plaintiff, by an amendment of the writ and declaration. FOREIGN ATTACHMENT. The defendant was defaulted, and a claimant of the fund in the hands of the trustee appeared. The plaintiff and […]
LOW v. FARNHAM, 104 N.H. 273 (1962)
184 A.2d 460 FLETCHER LOW v. CLINTON C. FARNHAM. No. 5051.Supreme Court of New Hampshire Grafton.Argued September 5, 1962. Decided September 28, 1962. 1. The statute (RSA 263:33) requiring the operator of a motor vehicle approaching a crossing of ways to keep to the right has no application to intersecting ways. 2. The evidence warranted […]
MARCOTTE v. TIMBERLANE/HAMPSTEAD SCHOOL DISTRICT, 143 N.H. 331 (1999)
733 A.2d 394 ROBERT MARCOTTE, ADMINISTRATOR OF THE ESTATE OF NICHOLAS MARCOTTE v. TIMBERLANE/HAMPSTEAD SCHOOL DISTRICT a. No. 94-061Supreme Court of New Hampshire Rockingham Decided February 9, 1999 1. Waiver — Manner of Waiver — Particular Acts Plaintiff administrator did not waive challenge to abatement of wrongful death verdict by failing to file either a […]
DOLE v. FARWELL, 72 N.H. 183 (1903)
55 A. 553 DOLE v. FARWELL Tr., HOWE a., Claimants. Supreme Court of New Hampshire Sullivan. Decided June 2, 1903. An assignment of future earnings, received in good faith and for a valuable consideration, is not invalidated by mere knowledge on the part of the assignee of the assignor’s purpose to defeat attachments by other […]
BRESNEHAN v. GOVE, 71 N.H. 236 (1902)
51 A. 916 BRESNEHAN v. GOVE. Supreme Court of New Hampshire Hillsborough. Decided February 4, 1902. A general finding of a referee which is dependent upon the determination of an issue of fact will not be set aside unless it appears from the reported facts that reasonable men could not differ as to an opposite […]
WEST a. v. CHASE, 92 N.H. 104 (1942)
25 A.2d 688 ELIZABETH C. WEST a. v. OLIVER B. CHASE (individually and as Executor under the will of ANNA BELLE CARTER). No. 3291.Supreme Court of New Hampshire Rockingham. April 7, 1942. One who is not a fiduciary cannot maintain a bill for direction and advice. Partial intestacy will not be inferred in the absence […]
MASSACHUSETTS BONDING CO. v. KEEFE, 100 N.H. 361 (1956)
127 A.2d 266 MASSACHUSETTS BONDING INSURANCE COMPANY v. F. CLYDE KEEFE, Special Adm’r. F. CLYDE KEEFE, Special Adm’r v. HAROLD W. SKILLINGS a. No. 4506.Supreme Court of New Hampshire Strafford.Argued November 7, 1956. Decided November 29, 1956. The probate court has the power to reopen a fiduciary’s account, although previously allowed, where good cause is […]
STATE v. JOHNSON, 144 N.H. 175 (1999)
738 A.2d 1284 THE STATE OF NEW HAMPSHIRE v. DAVID JOHNSON No. 97-410Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided September 8, 1999 1. Indictment and Information — Contents — Tests of Sufficiency In order to satisfy Part I, Article 15 of the New Hampshire Constitution, indictment must describe offense with sufficient specificity to […]
MASS. BREWERIES CO. v. COLBURN, 72 N.H. 472 (1904)
57 A. 653 MASSACHUSETTS BREWERIES CO. v. COLBURN a. Supreme Court of New Hampshire Hillsborough. Decided March 1, 1904. A defendant who has been committed upon an execution issued in an action of assumpsit should be admitted to take the oath for the relief of poor debtors, if at the time of his application he […]
TOTHILL v. RICHEY INS. AGENCY, INC., 117 N.H. 449 (1977)
374 A.2d 656 WILLIAM R. TOTHILL v. RICHEY INSURANCE AGENCY, INC. RICHEY INSURANCE AGENCY, INC. v. WILLIAM R. TOTHILL No. 7618Supreme Court of New Hampshire Belknap Decided May 31, 1977 1. Arbitration — Waiver of Right In suit employee for damages for wrongful termination of contract of employment, where employer filed motion to dismiss suit […]
NEW ENGLAND MERCHANTS NAT’L BANK v. LOST VALLEY, 119 N.H. 254 (1979)
400 A.2d 1178 NEW ENGLAND MERCHANTS NATIONAL BANK v. LOST VALLEY CORPORATION No. 78-264Supreme Court of New Hampshire Hillsborough Decided April 13, 1979 1. Corporations — Officers and Directors — Guaranty of Obligations Where Massachusetts corporation guaranteed respective obligations of its president and treasurer, the trial court correctly ruled that the validity of the guaranty […]
OPINION OF THE JUSTICES, 103 N.H. 281 (1961)
170 A.2d 125 OPINION OF THE JUSTICES. No. 4936.Supreme Court of New Hampshire Request of the Senate.Submitted April 21, 1961. Answer returned April 28, 1961. 1. Legislation which would prorate the expenses of liquidation of the commercial account of an insolvent bank among all of the banks of the State under the supervision of the […]
FIRST CONG. CHURCH v. TOWN OF GILMANTON, 123 N.H. 343 (1983)
461 A.2d 128 FIRST CONGREGATIONAL CHURCH OF LACONIA v. TOWN OF GILMANTON No. 82-489Supreme Court of New Hampshire Belknap Decided May 9, 1983 Taxation — Exemptions — Charitable or Public Uses Where a tract of land owned by church was used only by Boy Scout troop for outings three or four times in a particular […]
HURLEY v. PUBLIC SERVICE CO. OF N.H., 123 N.H. 750 (1983)
465 A.2d 1217 JAMES HURLEY v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE DARREL D. LYNCH, JR. v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE No. 82-394Supreme Court of New Hampshire Strafford Decided August 31, 1983 1. Statutes — Construction and Application — Ambiguity When construing an ambiguous statute, the supreme court looks at both the legislative […]
BOURQUE v. STRUSA, 92 N.H. 94 (1942)
25 A.2d 127 ELMER L. BOURQUE, Conservator v. NICHOLAS STRUSA. No. 3311.Supreme Court of New Hampshire Hillsborough. Decided March 3, 1942. The defendant having first testified that his speed was about twenty miles an hour and that he was “slowing down” but finally admitting on cross-examination that he was “going twenty to twenty-five miles an […]
STATE v. HEINE, 109 N.H. 374 (1969)
253 A.2d 828 STATE v. DAVID HEINE. No. 5829.Supreme Court of New Hampshire Cheshire.Argued April 1, 1969. Decided June 3, 1969. 1. An issue as to burden of proof clearly determined at pretrial without objection became the law of the trial. 2. A motion to suppress evidence consisting of marijuana seized pursuant to a search […]
STATE v. SAIDELL, 70 N.H. 174 (1899)
46 A. 1083 STATE (O’BRIEN, Compl’t) v. SAIDELL. Supreme Court of New Hampshire Merrimack. Decided December, 1899. Upon the trial of a complaint for bastardy, an exhibition of the child whose paternity is sought to be established may be permitted for the purpose of showing its resemblance to the defendant in racial or individual characteristics. […]
STATE v. CLAPP, 94 N.H. 62 (1946)
46 A.2d 119 STATE v. FRANK DWIGHT CLAPP. No. 3570.Supreme Court of New Hampshire Hillsborough. Decided March 5, 1946. An indictment which charges the respondent with stealing and carrying away “twenty thousand board feet of lumber of the value of Thirty-Three Dollars and fifty cents per thousand feet, all of the value of Six Hundred […]