826 A.2d 556 MOUNTAIN ENVIRONMENTAL, INC. v. ABATEMENT INTERNATIONAL/ADVATEX ASSOCIATES, INC. a. No. 2002-629Supreme Court of New Hampshire RockinghamArgued May 14, 2003 Opinion Issued July 2, 2003 1. Bonds — Performance Bonds The claimant under a statutory bond must do more than provide actual notice to the principal and surety; the claimant must follow the […]
Category: New Hampshire Court Opinions
STATE v. SULLIVAN, 121 N.H. 301 (1981)
428 A.2d 1247 THE STATE OF NEW HAMPSHIRE v. PATRICK SULLIVAN No. 80-255Supreme Court of New Hampshire Strafford Decided April 17, 1981 1. Jury — Voir Dire — Discretion of Court Where trial court refused to ask jurors about their knowledge of involvement of defendant and his family with police, but asked jurors if they […]
DOUGLAS v. DOUGLAS, 143 N.H. 419 (1999)
728 A.2d 215 CHARLES G. DOUGLAS, III v. CAROLINE G. DOUGLAS No. 97-878Supreme Court of New Hampshire Rockingham Decided March 10, 1999 1. Judgments — Default Judgments — Generally Default judgments in divorce cases are proper when litigants have received adequate notice of the hearing, and notice to parties must give defendant actual notice of […]
STATE v. GAGNON, 139 N.H. 175 (1994)
651 A.2d 5 THE STATE OF NEW HAMPSHIRE v. JOSEPH GAGNON No. 93-324Supreme Court of New Hampshire Rockingham Decided December 9, 1994 1. Constitutional Law — Judicial Powers and Duties — Generally Where the Federal Constitution provides no greater protection to the defendant than the State Constitution, there is no separate federal analysis. 2. Criminal […]
LASSONE v. RAILROAD, 66 N.H. 345 (1890)
24 A. 902 LASSONE v. BOSTON LOWELL RAILROAD. Supreme Court of New Hampshire Coos. Decided June, 1890. An entry on a book of accounts, made in the usual course of business by a person since deceased, is admissible in a suit between third parties, there being evidence aliunde that he had means of knowledge, although […]
LOWER BARTLETT WATER PRECINCT v. MURNIK, 150 N.H. 690 (2004)
845 A.2d 1245 LOWER BARTLETT WATER PRECINCT v. RICK MURNIK a. No. 2004-161.Supreme Court of New Hampshire CarrollArgued: March 31, 2004. Opinion Issued: April 1, 2004. 1. Zoning and Planning — Ordinances — Amendment The phrase “correct warrant article form” as used in the statute pertaining to the form of a petition for amendment of […]
FALLGREN v. RAILWAY EXPRESS, 98 N.H. 333 (1953)
100 A.2d 835 FLORENCE B. FALLGREN, Adm’x v. RAILWAY EXPRESS AGENCY. No. 4218Supreme Court of New Hampshire Hillsborough.Argued November 3, 1953. Decided November 30, 1953. The parties’ rights and obligations under a contract for the interstate shipment of live chicks by railway express are governed by the Acts of Congress, the uniform express receipt, and […]
BEANE v. BEANE, 116 N.H. 259 (1976)
356 A.2d 669 DANA S. BEANE, JR. v. GILDA E. BEANE No. 7343Supreme Court of New Hampshire Belknap Decided April 30, 1976 1. The defendant’s motion for a new trial filed in the supreme court raises factual questions for the trial court and, although the motion has been briefed and argued, the supreme court cannot […]
HUTTON v. STATE PERSONNEL COMM’N, 113 N.H. 34 (1973)
300 A.2d 333 KENNETH B. HUTTON v. STATE PERSONNEL COMMISSION No. 6415Supreme Court of New Hampshire State Personnel Commission Decided January 31, 1973 1. Mandatory discharge under personnel rules of a State classified employee for “attempting to injure others” was warranted since his intent to injure certain coworkers could be reasonably inferred from his conduct. […]
BEL AIR ASSOCS. v. NEW HAMPSHIRE DEPT., 158 N.H. 104 (2008)
BEL AIR ASSOCIATES v. NEW HAMPSHIRE DEPARTMENT OF HEALTH Human Services. No. 2008-051.Supreme Court of New Hampshire. Merrimack.Argued: September 16, 2008. Opinion Issued: November 20, 2008. 1. Contracts — Offer and Acceptance — Generally Offer, acceptance, and consideration are essential to contract formation. A valid offer may propose the exchange of a promise for a […]
GOODWIN v. NASHUA, 91 N.H. 339 (1941)
18 A.2d 825 IRVING F. GOODWIN v. NASHUA. No. 3219.Supreme Court of New Hampshire Hillsborough. Decided March 4, 1941. An order of Police Commissioners suspending a chief of police is a valid exercise of administrative power in the nature of an administrative judgment, and is not open to collateral attack. In an action by such […]
HASKELL v. AFRICA, 68 N.H. 421 (1895)
41 A. 78 HASKELL v. AFRICA. Supreme Court of New Hampshire Hillsborough. Decided December, 1895. It is no defence to an action by an indorsee without recourse against the maker of a negotiable note, in which a deposit of collateral is recited, that stock delivered to the payee in exchange for the original collateral at […]
HALLIDAY v. HALLIDAY, 134 N.H. 388 (1991)
593 A.2d 233 DIANE E. HALLIDAY v. RICHARD H. HALLIDAY No. 89-520Supreme Court of New Hampshire Rockingham Decided July 3, 1991 1. Divorce — Property Settlement — Retirement Pension Trial court’s ruling that non-vested military pension was not marital property subject to division in divorce was clearly erroneous and required reversal. RSA 458:16-a. 2. Divorce […]
IN RE MURDOCK, 156 N.H. 732 (2008)
APPEAL OF DONALD W. MURDOCK (New Hampshire Personnel Appeals Board). No. 2007-297.Supreme Court of New Hampshire. Personnel Appeals Board.Argued: January 16, 2008. Opinion Issued: February 15, 2008. 1. Administrative Law — Administrative Appeal — De Novo Proceedings The interpretation of administrative rules is reviewed de novo. 2. Administrative Law — Administrative Appeal — Standards of […]
HADLEY v. McLAUGHLIN, 100 N.H. 497 (1957)
131 A.2d 54 ALTON P. HADLEY v. JOHN H. McLAUGHLIN. No. 4560.Supreme Court of New Hampshire Hillsborough.Argued February 6, 1957. Decided March 26, 1957. In an action by a pedestrian for injuries sustained as a result of being struck while crossing a street by a motor vehicle the evidence did not establish as a matter […]
SMITH v. GREELEY, 67 N.H. 377 (1892)
30 A. 413 SMITH, Ex’r, v. GREELEY a. Supreme Court of New Hampshire Hillsborough. Decided December, 1892. In a devise for the support of A and his family, the word “family” is construed to mean A’s dependent wife and children, in the absence of indications to the contrary. BILL IN EQUITY. The plaintiff is executor […]
SUTTON MUT. INS. CO. v. ROLPH, 109 N.H. 142 (1968)
244 A.2d 186 SUTTON MUTUAL INS. Co. v. LOYAL F. ROLPH, JR. a. No. 5739.Supreme Court of New Hampshire Merrimack.Argued June 4, 1968. Decided July 17, 1968. 1. A bill of interpleader is an appropriate remedy when proceeds of an insurance policy are inadequate to satisfy pending claims; however, the remedy is not available until […]
LaMARSH v. SOCIETY, 68 N.H. 229 (1894)
33 A. 1045 LaMARSH, Adm’r, v. L’UNION SAINT JEAN BAPTISTE SOCIETY. Supreme Court of New Hampshire Hillsborough. Decided December, 1894. A mutual benefit association which takes no action for the termination of the membership of a delinquent, but receives and retains his arrears of dues, is liable to his administrator for the benefits payable at […]
IN THE MATTER OF DOE, 118 N.H. 226 (1978)
385 A.2d 221 IN THE MATTER OF JAMES DOE No. 7899Supreme Court of New Hampshire Probate Court, Grafton County Decided April 7, 1978 1. Parent and Child — Parental Rights — Termination General purpose clause of RSA 170-C:1 (Supp. 1975) and division of welfare employee guidelines do not preclude termination of parental rights even though […]
SHIMKUS v. CAESAR, 95 N.H. 286 (1948)
62 A.2d 728 FRANK SHIMKUS v. JOHN CAESAR. No. 3770.Supreme Court of New Hampshire Hillsborough. Decided December 7, 1948. A bicyclist entering a highway from a private driveway and an operator of a motor vehicle approaching such intersection on the highway each owes to the other the reciprocal duty to act reasonably; neither has a […]
GILMAN v. NOYES, 57 N.H. 627 (1876)
GILMAN v. NOYES. Supreme Court of New Hampshire FROM COOS CIRCUIT COURT. Decided August 11, 1876. Accord and satisfaction — Proximate and remote damages. In an action on the case, the evidence tended to show that the defendant, by whose negligence it was alleged the plaintiff’s cattle had escaped from his pasture, said that if […]
DAVIS v. DURGIN, 64 N.H. 51 (1886)
5 A. 908 DAVIS a. v. DURGIN, Adm’r, a. Supreme Court of New Hampshire Strafford. Decided June, 1886. A decree of partition not appealed from in a court of probate is conclusive upon the parties and their privies as to the state of the title at the time of its rendition, and constitutes a bar […]
VASSILLION v. SULLIVAN, 94 N.H. 97 (1946)
47 A.2d 115 ANTHONY VASSILLION v. JOHN J. SULLIVAN . a. VIRGINIA VASSILLION v. SAME. No. 3583.Supreme Court of New Hampshire Merrimack. Decided May 7, 1946. A fifteen-year-old driver, ineligible for a license because of his age, is not barred by reason of R. L., c. 117, s. 9, from recovery for injuries sustained as […]
FLANDERS v. BANK, 90 N.H. 285 (1939)
7 A.2d 233 PERCY H. FLANDERS, Adm’r v. NEW HAMPSHIRE SAVINGS BANK PERCY H. FLANDERS v. SAME No. 3065Supreme Court of New Hampshire Merrimack Decided June 22, 1939 Where a tenement is orally hired with no agreement in the terms of the hiring for either the landlord or the tenant to keep it in repair, […]
VATISTAS v. HICKENS, 121 N.H. 455 (1981)
431 A.2d 121 JAMES VATISTAS v. BETHANY HICKENS No. 80-285Supreme Court of New Hampshire Strafford Decided June 10, 1981 1. Verdict — Errors — Standard of Proof Words “not guilty”, on verdict in auto negligence action, presented obvious inconsistency between charge to jury and the verdict, which court should have cured by either polling the […]
SULLIVAN v. DUMAINE, 106 N.H. 102 (1964)
205 A.2d 848 MARY A. SULLIVAN v. HENRY E. DUMAINE a. No. 5248.Supreme Court of New Hampshire Hillsborough.Argued September 10, 1964. Decided December 30, 1964. 1. In equity proceedings seeking specific performance of an oral agreement of the deceased defendant uncle to devise his home to the plaintiff niece, who left her home in Ireland […]
CHRISTIAN CAMPS CONFERENCE v. TOWN OF ALTON, 118 N.H. 351 (1978)
388 A.2d 187 CHRISTIAN CAMPS CONFERENCES, INC. v. TOWN OF ALTON No. 7844Supreme Court of New Hampshire Belknap Decided May 17, 1978 1. Taxation — Exemptions — Determination Determination of rights of taxpayer to an exemption from taxation is statutory, the existence and extent of exemptions depending on legislative edict. 2. Res Judicata — Generally […]
BODWELL v. NUTTER, 63 N.H. 446 (1885)
3 A. 421 BODWELL v. NUTTER a. Supreme Court of New Hampshire Merrimack. Decided December, 1885. The interpretation of a will, being the ascertainment of the fact of the testator’s intention, is ordinarily determined by the natural weight of competent evidence proving that fact, and not by artificial and technical rules. An interest in land […]
PAINE v. RAILWAY CO., 63 N.H. 623 (1885)
7 A. 880 PAINE v. GRAND TRUNK RAILWAY CO. Supreme Court of New Hampshire Coos. Decided December, 1885. CASE, for injuries received in crossing the defendants’ track with a horse and wagon at a grade crossing of the highway, which was partially obstructed by the van car of a lumber train. It is the same […]
STATE v. TIMBURY, 114 N.H. 763 (1974)
329 A.2d 143 STATE OF NEW HAMPSHIRE v. JOHN W. TIMBURY STATE OF NEW HAMPSHIRE v. MAX WELCH No. 6875Supreme Court of New Hampshire Grafton Decided November 29, 1974 1. The evidence in this case established the sufficiency of the trial court’s instruction that a dwelling was a building that could be used Page 764 […]
BRENNAN v. HERMAN, 109 N.H. 541 (1969)
257 A.2d 407 BRIAN P. BRENNAN a. v. KATHERINE L. HERMAN, CITY CLERK, a. No. 6004.Supreme Court of New Hampshire Strafford.Argued October 9, 1969. Decided October 14, 1969. 1. City primaries and elections are within the control of city councils (RSA 46:3; RSA 45:3) and where the city council has determined the rules under which […]
WALSH v. AMICA MUT. INS. CO., 141 N.H. 374 (1996)
685 A.2d 472 THOMAS J. WALSH v. AMICA MUTUAL INSURANCE COMPANY No. 95-129Supreme Court of New Hampshire Hillsborough-northern judicial district Decided October 29, 1996 1. Arbitration — Awards — Mistake An award may be set aside on the ground that the arbitrators were mistaken in point of law if it is clear that they would […]
APPEAL OF DEP’T OF SAFETY, 123 N.H. 284 (1983)
461 A.2d 98 APPEAL OF DEPARTMENT OF SAFETY, DIVISION OF STATE POLICE (New Hampshire Personnel Commission) No. 82-217Supreme Court of New Hampshire Personnel Commission Decided May 6, 1983 1. Administrative Law — Judicial Review — Standards In an appeal pursuant to the chapter governing rehearings and appeals of decisions of State agencies or officials, the […]
STATE v. HODGKISS, 132 N.H. 376 (1989)
565 A.2d 1059 THE STATE OF NEW HAMPSHIRE v. MICHAEL HODGKISS No. 88-256Supreme Court of New Hampshire Manchester District Court Decided November 16, 1989 1. Constitutional Law — Disposition on Other Grounds There is a strong policy against reaching a constitutional issue in a case that can be decided on a nonconstitutional ground; thus, even […]
EDES’ CASE, 118 N.H. 815 (1978)
395 A.2d 498 FRANCIS P. EDES’ CASE No. 7951Supreme Court of New Hampshire Original Decided November 30, 1978 1. Attorney and Client — Disciplinary Proceedings — Standard Applied Standard applied to professional misconduct cases involving attorneys is the Code of Professional Responsibility adopted by the New Hampshire Bar Association, effective February 1970. 2. Attorney and […]
LANGLEY v. FARMINGTON, 66 N.H. 431 (1891)
27 A. 224 LANGLEY v. FARMINGTON. Supreme Court of New Hampshire Rockingham. Decided June, 1891. Payment to the person named in a will as executrix, who has fully administered the estate according to the terms of the will, is a defence to a suit brought for the same debt by an administrator subsequently appointed, although […]
TAPLEY v. CROTHERS, 103 N.H. 46 (1960)
164 A.2d 564 GEORGE E. TAPLEY a. v. ROBERT G. CROTHERS a. No. 4848.Supreme Court of New Hampshire Rockingham.Submitted October 4, 1960. Decided October 28, 1960. 1. A bill in equity seeking injunctive relief was properly dismissed where the bill failed to allege the lack of an adequate remedy at law and there was neither […]
IN RE MARTIN, 156 N.H. 818 (2008)
IN THE MATTER OF LISA M. MARTIN AND JAMES A. MARTIN. No. 2007-217.Supreme Court of New Hampshire. Lebanon Family Division.Argued: February 13, 2008. Opinion Issued: March 13, 2008. 1. Divorce — Child Support — Modification The language of the statute governing applications for modification of support orders is interpreted to mean that the “entry of […]
PROGRESSIVE SURVEY, INC. v. PEARSON, 120 N.H. 58 (1980)
410 A.2d 1123 PROGRESSIVE SURVEY, INC. v. BEVERLY v. PEARSON d/b/a PEARSON ASSOCIATES No. 79-169Supreme Court of New Hampshire Rockingham Decided January 31, 1980 1. Boundaries — Surveys — Suits Against Surveyors Developer, in suit against surveyor, could only recover its actual damages, regardless of whether action was grounded in negligence or contract. 2. Damages […]
CARTER v. WEBSTER, 65 N.H. 17 (1888)
17 A. 978 CARTER a. v. WEBSTER WINNIPISEOGEE PAPER CO., Trs. Supreme Court of New Hampshire Merrimack. Decided December, 1888. In the absence of fraud, one of the parties to a special contract for hauling logs is not chargeable as trustee of the other with respect to matters arising out of the performance of the […]
McLAUGHLIN v. UNION-LEADER, 99 N.H. 492 (1955)
116 A.2d 489 WALTER D. McLAUGHLIN v. UNION-LEADER CORPORATION. No. 4396.Supreme Court of New Hampshire Hillsborough.Argued May 4, 1955. Decided July 8, 1955. The Supreme Court in determining whether motions for a nonsuit and a directed verdict should have been granted as a matter of law will consider the evidence most favorable to the prevailing […]
BROWN v. COMPANY, 82 N.H. 78 (1925)
129 A. 633 DANA J. BROWN, Adm’r, v. CONWAY ELECTRIC LIGHT POWER COMPANY. Supreme Court of New Hampshire Carroll. Decided May 5, 1925. The treasurer and general manager of an electric company, injured while present at and directing repair work, but himself at the time doing no manual or mechanical labor, is not entitled to […]
PARENT v. RAND, 88 N.H. 169 (1936)
185 A. 163 LEO PARENT v. WILLARD D. RAND, Liquidating Agent. Supreme Court of New Hampshire Coos. Decided May 5, 1936. A borrowing depositor in the savings department of an insolvent trust company is not permitted during liquidation to set off his deposit against his indebtedness to that department, for the bank holds all claims […]
BALDWIN v. WENTWORTH, 67 N.H. 408 (1892)
36 A. 365 BALDWIN v. WENTWORTH. Supreme Court of New Hampshire Coos. Decided December, 1892. An objection to the sufficiency of the plaintiff’s evidence to warrant a verdict in his favor is waived, if not taken till after the charge to the jury. The extent to which cross-examination about collateral matters shall be permitted, is […]
ORDER (N.H. 11-28-2005)
ORDER Supreme Court of New Hampshire November 28, 2005 EILEEN FOX, Judge. Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves amendments, on a temporary basis, to Probate Court Rule 169(I)(b), (e) and (i) as set forth in Appendix A; amendments, […]
CORBEIL v. ROUSLIN, 112 N.H. 295 (1972)
293 A.2d 760 THOMAS CORBEIL, BY HIS NEXT FRIEND AND FATHER, JOSEPH E. CORBEIL v. DANIEL S. ROUSLIN. JOSEPH E. CORBEIL v. SAME. No. 6316.Supreme Court of New Hampshire Grafton. Decided July 31, 1972. 1. Trial court could properly have charged the jury on the standard of care required of minor plaintiff in the same […]
PETITION OF BAILEY, 146 N.H. 197 (2001)
769 A.2d 360 PETITION OF MARLENE F. BAILEY. No. 99-135Supreme Court of New Hampshire (New Hampshire Retirement System) March 26, 2001 1. Public Employees — Retirement System — Eligibility Board of Trustees of the New Hampshire Retirement System did not exceed its statutory authority by requiring petitioner for accidental retirement benefits to prove that her […]
STATE v. BROOKS, 2010-262 (N.H. 10-27-2011)
THE STATE OF NEW HAMPSHIRE v. JESSE BROOKS. No. 2010-262Supreme Court of New Hampshire RockinghamArgued: June 15, 2011 Opinion Issued: October 27, 2011 Michael A. Delaney, attorney general (Janice K. Rundles, senior assistant attorney general, on the brief and orally), for the State. Getman, Schulthess Steere, P.A., of Bedford (Andrew R.Schulman and Clara E. Lyons […]
ALDRICH v. RAILROAD, 67 N.H. 250 (1892)
29 A. 408 ALDRICH v. CONCORD MONTREAL RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided June, 1892. In an action for injuries alleged to have been caused by negligence, evidence that the defendant subsequently remedied the alleged defect is not competent as showing an admission of previous negligence. CASE, for injuries caused by a defective […]
OPINION OF THE JUSTICES, 109 N.H. 36 (1968)
241 A.2d 213 OPINION OF THE JUSTICES. No. 5770.Supreme Court of New Hampshire Request of Governor and Council.Submitted April 10, 1968. Answer returned April 30, 1968. 1. The “emergency fund” authorized by statute (RSA 4:18) is limited in its use to aid “any state department in any emergency which may arise in carrying on the […]
TRAVELERS INDEM. CO. v. STEARNS, 116 N.H. 285 (1976)
358 A.2d 402 TRAVELERS INDEMNITY COMPANY v. DONALD H. STEARNS AND ELEANOR A. STEARNS No. 7103Supreme Court of New Hampshire Hillsborough Decided May 29, 1976 1. The insurer was not obligated by its automobile liability policies governed by Massachusetts law to furnish uninsured motorist coverage to its insured for damages in excess of the amount […]
LAWRENCE v. COMPANY, 90 N.H. 27 (1939)
3 A.2d 829 FRANK LAWRENCE, JR. (by his father and next friend) v. TILO ROOFING COMPANY. FRANK LAWRENCE, SR. v. SAME. No. 2998.Supreme Court of New Hampshire Hillsborough. Decided January 3, 1939. Whether any duty exists on the part of an owner of property to protect from injury persons intermeddling with it depends upon a […]
FADDEN v. INSURANCE CO., 77 N.H. 392 (1914)
92 A. 335 S. DANA FADDEN v. INSURANCE COMPANY OF NORTH AMERICA. SAME v. PHOENIX INSURANCE CO. Supreme Court of New Hampshire Grafton. Decided November 4, 1914. In the absence of fraudulent representation as to title, a life tenant of realty who has effected insurance upon buildings may recover the sum named in the policy […]
DAY v. COUNTY, 77 N.H. 532 (1915)
93 A. 965 GEORGE B. DAY v. COOS COUNTY. HERBERT I. GOSS v. SAME. Supreme Court of New Hampshire Coos. Decided April 6, 1915. A claim against a county cannot be enforced by an action of assumpsit, but must be presented to the county commissioners for allowance; and in case of disagreement between the claimant […]
PREGENT v. N.H. DEP’T OF EMPL. SEC., 116 N.H. 149 (1976)
355 A.2d 819 FRANCIS H. PREGENT v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY a. No. 7101Supreme Court of New Hampshire Sullivan Decided March 31, 1976 1. The appeal tribunal procedure under RSA ch. 282 serves at least two functions: It affords the claimant a hearing and it affords the department an opportunity to correct any […]
MUSE v. MERRIMACK VALLEY NAT’L BANK, 114 N.H. 700 (1974)
327 A.2d 719 WILLIAM MUSE and VERONICA MUSE v. MERRIMACK VALLEY NATIONAL BANK No. 6940Supreme Court of New Hampshire Rockingham Decided October 31, 1974 1. The relationship between the plaintiff-owners of a trailer park and a renter of trailer space for a fixed monthly payment was essentially a tenancy at will from month to month. […]
TOWN OF RYE v. McMAHON, 117 N.H. 857 (1977)
379 A.2d 807 TOWN OF RYE v. JOHN A. McMAHON No. 7634Supreme Court of New Hampshire Rockingham Decided October 31, 1977 1. Zoning — Variances — Unnecessary Hardship A variance will be granted when special conditions create situation in which strict enforcement of zoning ordinance will result in unnecessary hardship for property owner. RSA 31:72 […]
MITCHELL v. SULLIVAN COUNTY SUPER. CT., 116 N.H. 141 (1976)
355 A.2d 427 JOHN MITCHELL v. SULLIVAN COUNTY SUPERIOR COURT No. 7011Supreme Court of New Hampshire Original Decided March 31, 1976 1. The record in this case shows that the plaintiff’s claims are without merit and that his petition for a writ of mandamus should be denied, since mandamus is an extraordinary remedy that is […]
FAULKNER v. JEFTS, 78 N.H. 589 (1916)
98 A. 1084 PHILIP H. FAULKNER, Conservator, v. FRANK H. JEFTS. Supreme Court of New Hampshire Cheshire. Decided April 4, 1916. BILL IN EQUITY, to cancel on the ground of fraud a deed by which the plaintiff’s ward conveyed his farm to the defendant. The court made a decree according to the prayer of the […]
STROUT FARM AGENCY v. HOSFORD, 81 N.H. 507 (1925)
128 A. 685 E. A. STROUT FARM AGENCY v. CHARLES H. HOSFORD, Adm’r. Supreme Court of New Hampshire Grafton. Decided March 3, 1925. The fact that an estate will descend to a party, subject to the claims upon it, does not make his admissions evidence against the administrator. Agency cannot be proved by the admissions […]
ELY v. CURTIS, 60 N.H. 513 (1881)
ELY v. CURTIS. Supreme Court of New Hampshire Merrimack. Decided June, 1881. The fraud by which a debt is created, and a discharge of it prevented in bankruptcy, under U.S. Rev. St., s. 5117, is actual, and not mere fraud in law. ASSUMPSIT. The plaintiff contended that the debt was not discharged in bankruptcy because […]
STATE EMPLOYEES ASSOC. v. STATE, 127 N.H. 565 (1986)
503 A.2d 829 STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE, INC. a. v. THE STATE OF NEW HAMPSHIRE a. No. 84-546Supreme Court of New Hampshire Merrimack Decided January 6, 1986 1. Statutes — Construction and Application — Legislative History A court does not look to legislative history to modify the meaning of a statute that is […]
DAME v. WOODS, 73 N.H. 391 (1905)
62 A. 379 DAME v. WOODS. Supreme Court of New Hampshire Belknap. Decided November 7, 1905. The court has no authority to amend an agreed case, upon motion of one of the parties. Where questions of law presented by an agreed case have been considered and decided, the party moving for a rehearing on the […]
RUBEN v. RUBEN, 123 N.H. 358 (1983)
461 A.2d 733 GEORGE C. RUBEN v. FAITH M. RUBEN No. 82-344Supreme Court of New Hampshire Grafton Decided June 7, 1983 1. Divorce — Appeals — Tests and Standards A master has broad discretion in making findings as to the distribution of marital property and the award of alimony, and the supreme court will not […]
COMPANY v. WHITCOMB, 62 N.H. 411 (1882)
WHEELER WILSON M’F’G CO. v. WHITCOMB. Supreme Court of New Hampshire Hillsborough. Decided December, 1882. If an action is dismissed by the court for want of jurisdiction, it has no power to determine the title to the property in controversy, or to assess damages for its value. When an action is brought in one county […]
STATE v. PALERMO, 146 N.H. 144 (2001)
769 A.2d 349 THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER PALERMO No. 98-193Supreme Court of New Hampshire Grafton March 16, 2001 1. Criminal Law — Judgment and Sentence — Deferred Sentence Trial court’s order imposing defendant’s deferred sentence on the basis that he violated the implied condition of good behavior could not be affirmed because […]
IN RE DAVIS, 114 N.H. 242 (1974)
318 A.2d 151 In re ERIC AND LIISA DAVIS No. 6855Supreme Court of New Hampshire Cheshire Decided March 29, 1974 1. In furtherance of the State government’s constitutional duty to provide for the education of its citizens, the legislature has provided that, with certain exceptions for physical or mental disabilities, every child between the ages […]
CAYTEN v. N.H. DEP’T., 155 N.H. 647 (2007)
MARIANNA L. CAYTEN a. v. NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES a. No. 2006-577.Supreme Court of New Hampshire Carroll.Argued: March 15, 2007. Opinion Issued: July 13, 2007. 1. Environment and Natural Resources — Environmental Rights and Actions — Statutes The statute allowing a person with rights that may be directly affected by an appeal to […]
TIBBETTS v. SHAPLEIGH, 59 N.H. 319 (1879)
TIBBETTS a. v. SHAPLEIGH. Supreme Court of New Hampshire Strafford. Decided December, 1879. The validity of a claim directly in issue, and once determined by a judgment upon the merits, is not open to inquiry in a subsequent action between the same parties, except upon a proceeding to set aside the former judgment. A plea […]
GEN. LINEN SERVS. v. SMIRNIOUDIS, 153 N.H. 441 (2006)
GENERAL LINEN SERVICES, INC. v. ELIAS SMIRNIOUDIS. No. 2005-268.Supreme Court of New Hampshire Strafford.Argued: February 9, 2006. Opinion Issued: April 26, 2006. 1. Contracts — Performance — Frustration of Purpose The doctrine of commercial frustration assumes the possibility of literal performance but excuses performance because supervening events have essentially destroyed the purpose for which the […]
PEASE v. TELEGRAPH PUB. CO., INC., 121 N.H. 62 (1981)
426 A.2d 463 R. WARREN PEASE v. TELEGRAPH PUBLISHING COMPANY, INC. a. No. 80-059Supreme Court of New Hampshire Hillsborough Decided February 23, 1981 1. Constitutional Law — Freedom of Speech and Press — Generally Under the first amendment there is no such thing as a false idea since an opinion may be corrected by the […]
IN THE MATTER OF WHITE AND WHITE, 148 N.H. 531 (2002)
809 A.2d 1286 IN THE MATTER OF DOROTHY H. WHITE AND KEENER S. WHITE, JR. No. 2001-443Supreme Court of New Hampshire MerrimackArgued September 19, 2002 Opinion Issued November 20, 2002 1. Divorce — Division of Property — Pensions Trial court’s application of the apportionment formula for pension benefits established under Hodgins v. Hodgins, 126 N.H. […]
GILL v. FERRIN, 71 N.H. 421 (1902)
52 A. 558 GILL v. FERRIN. Supreme Court of New Hampshire Merrimack. Decided June 3, 1902. Where real estate is conveyed in pursuance of an oral agreement that the purchaser is to have possession at an earlier date than had been provided in a written contract, in consideration of which he assumes the payment of […]
STATE v. VARAGIANIS, 128 N.H. 226 (1986)
512 A.2d 1117 THE STATE OF NEW HAMPSHIRE v. SANDRA VARAGIANIS No. 84-491Supreme Court of New Hampshire Strafford Decided July 9, 1986 1. Constitutional Law — Speedy Trial — Generally While it is true that the State and Federal Constitutions guarantee an accused the right to a speedy trial, this right is relative, and must […]
WOLF INVESTMENT, INC. v. TOWN OF BROOKFIELD, 129 N.H. 303 (1987)
529 A.2d 861 WOLF INVESTMENTS, INC. a. v. TOWN OF BROOKFIELD No. 86-337Supreme Court of New Hampshire Carroll Decided May 11, 1987 1. Limitation of Actions — Discovery of Cause of Injury or Damage — Generally A cause of action involving harm to property will not accrue under the discovery rule until the plaintiff discovers, […]
LEEPER v. LEEPER, 114 N.H. 294 (1974)
319 A.2d 626 DOLORES L. LEEPER v. DURWARD D. LEEPER, JR. No. 6781Supreme Court of New Hampshire Strafford Decided April 30, 1974 1. The exercise of jurisdiction over nonresidents and causes of actions of nonresidents by the courts of this State has to be reasonable from the standpoint of the State’s interest in the litigation […]
RUSSELL v. HOWELL, 74 N.H. 551 (1908)
69 A. 886 RUSSELL a. v. HOWELL a. Supreme Court of New Hampshire Coos. Decided May 5, 1908. The builder’s lien created by section 10, chapter 141, Public Statutes, is not terminated by the death of the owner within ninety days after the labor is performed. The heirs of an insolvent decedent are properly made […]
BEDNAR v. KING, 110 N.H. 475 (1970)
272 A.2d 616 JOHN N. BEDNAR v. JOHN W. KING, GOVERNOR. No. 6065.Supreme Court of New Hampshire Hillsborough. Decided December 1, 1970. 1. The constitutional right of each house of the legislature to adopt its own rules of procedure enables each house to settle the procedure by which it will determine the constitutionally required three-fifths […]
MANCHESTER STREET RAILWAY v. WILLIAMS, 71 N.H. 312 (1902)
52 A. 461 MANCHESTER STREET RAILWAY v. WILLIAMS, Ex’r, a. Supreme Court of New Hampshire Hillsborough. Decided April 1, 1902. Subscription rights in a dividend-paying corporation whose capital stock has not been paid in are property rights, and represent the corporate property and franchise. A valid contract of subscription to corporate stock may be made […]
STATE v. LEAVITT, 63 N.H. 381 (1885)
STATE v. LEAVITT. Supreme Court of New Hampshire Merrimack. Decided June, 1885. An indictment which charges the sale of intoxicating liquor in language equally applicable to the offence describes in Gen. Laws, c. 189, s. 13, and that described in s. 15 of the same chapter, is insufficient. INDICTMENT, charging that the respondent, not being […]
DeROCHEMONT v. RAILROAD, 64 N.H. 500 (1888)
15 A. 131 DeROCHEMONT a. v. B. M. RAILROAD. Supreme Court of New Hampshire Rockingham. Decided June, 1888. A land-owner cannot have a right of way over his land independent of his title to the land, and an existing way is a part of the realty and passes by a conveyance of the land. A […]
STATE v. DYCK, 149 N.H. 604 (2003)
827 A.2d 192 THE STATE OF NEW HAMPSHIRE v. Anthony Van Dyck No. 2002-758Supreme Court of New Hampshire Manchester District CourtArgued May 7, 2003 Opinion Issued June 27, 2003 1. Attorneys — Professional Conduct Rules — Violations Trial court’s ruling that, pursuant to the rule that an attorney “shall not act as advocate at a […]
PRICHARD v. BOSCAWEN, 78 N.H. 131 (1916)
97 A. 563 MARCIA A. PRICHARD v. BOSCAWEN. Supreme Court of New Hampshire Merrimack. Decided March 7, 1916. A petition for leave to file a statement of claim against a town for damages from a defective highway, where the plaintiff has been unavoidably prevented from so doing within the time prescribed by P.S., c. 76, […]
STATE v. LAGASSE, 76 N.H. 114 (1911)
79 A. 700 STATE v. LAGASSE. Supreme Court of New Hampshire Hillsborough. Decided April 4, 1911. Under section 4, chapter 87, Public Statutes, one found chargeable upon a bastardy complaint instituted by the mother is bound to provide the child with support and maintenance, including such care and nourishment as is reasonably necessary for its […]
BLUE MT. FOREST ASS’N v. BORROWE, 71 N.H. 69 (1901)
51 A. 670 BLUE MOUNTAIN FOREST ASSOCIATION v. BORROWE. Supreme Court of New Hampshire Sullivan. Decided October 28, 1901. A by-law of a corporation providing that an insufficiency of income to meet disbursements may be made up by annual assessments upon the capital stock, and that any unpaid assessment shall be a charge against the […]
STATE v. McMINN, 141 N.H. 636 (1997)
690 A.2d 1017 THE STATE OF NEW HAMPSHIRE v. MATTHEW McMINN No. 95-707Supreme Court of New Hampshire Rockingham Decided March 7, 1997 1. Trial — Criminal Cases — Generally — Mistrial Defendant’s request for a “new trial, a fair trial” sufficiently preserved his mistrial argument based on the revelation of a witness’s apparently false testimony […]
PROULX v. PERSONNEL COMM’N, 116 N.H. 311 (1976)
358 A.2d 871 RAYMOND PROULX a. v. PERSONNEL COMMISSION OF THE STATE OF NEW HAMPSHIRE No. 7275Supreme Court of New Hampshire Personnel Commission Decided May 29, 1976 1. Rule 4, section 2 (e) of the State personnel commission, which determines the specific step within the new labor grade in which each State classified employee will […]
WALKER v. HAYES, 100 N.H. 90 (1956)
120 A.2d 140 BURTON WALKER v. AGNES T. HAYES. No. 4448.Supreme Court of New Hampshire Strafford.Argued January 4, 1956. Decided February 7, 1956. Where the defendant agreed in an alternative contract to repay a loan to the plaintiff by a stipulated date in either cash or corporate stock at the defendant’s election, the failure of […]
MANCHESTER v. WARREN, 67 N.H. 482 (1893)
32 A. 763 MANCHESTER v. WARREN a. Supreme Court of New Hampshire Hillsborough. Decided June, 1893. If A and B jointly contract with C to do certain work, and agree with each other that one shall do a definite part of the work and the other the remainder, neither having control over the other in […]
NASSIF REALTY CO. v. NATIONAL FIRE INS. CO., 109 N.H. 117 (1968)
244 A.2d 194 NASSIF REALTY CORPORATION v. NATIONAL FIRE INSURANCE COMPANY. No. 5667.Supreme Court of New Hampshire Cheshire.Argued April 2, 1968. Decided July 17, 1968. 1. A policy of fire insurance with extended coverage for windstorm expressly excluding loss “directly or indirectly by . . . ice . . . snow or sleet, whether or […]
STATE v. BARTER, 58 N.H. 604 (1879)
STATE v. BARTER. Supreme Court of New Hampshire Grafton. Decided March, 1879. One may be an agent, within the statute of embezzlement (Gen. St., c. 257, s. 8), who is not engaged in a general or continuous agency or service, but is authorized on a single occasion by the maker of certain notes to exchange […]
REYNOLDS v. CUNNINGHAM, WARDEN, 131 N.H. 312 (1988)
556 A.2d 300 DWIGHT T. REYNOLDS v. MICHAEL CUNNINGHAM, WARDEN, NEW HAMPSHIRE STATE PRISON No. 88-003Supreme Court of New Hampshire Merrimack Decided December 29, 1988 1. Appeal and Error — Preservation of Questions — Failure To Present Below Parties may not have judicial review of matters not raised in the forum of trial. 2. Appeal […]
KENNEDY v. SHAW, 119 N.H. 99 (1979)
398 A.2d 834 WILLIAM KENNEDY v. ROBERT SHAW a. No. 78-148Supreme Court of New Hampshire Rockingham Decided February 28, 1979 1. Equity — Decree Pro Confesso — Generally If a defendant fails to answer an amended equity bill within ten days after it is filed and delivered to the defendant’s attorney, the amended bill will […]
STEVENS v. CITY OF LEBANON, 122 N.H. 29 (1982)
440 A.2d 451 THOMAS S. STEVENS v. CITY OF LEBANON No. 80-293Supreme Court of New Hampshire Grafton Decided January 20, 1982 1. Taxation — Appraisal and Assessment — Abatements The test in an abatement case is whether the taxpayer is paying more than his proportional share of taxes. 2. Taxation — Appraisal and Assessment — […]
HOOD v. MARSHALL, 69 N.H. 605 (1899)
45 A. 574 HOOD, Adm’r, Ap’t, v. MARSHALL, Adm’r, a. Supreme Court of New Hampshire Merrimack. Decided June, 1899. An appellant from a decree of the probate court may have his appeal dismissed at any time before trial. In such case, the sureties upon the bond of the appellee will not be allowed to prosecute […]
EDDY v. WINCHESTER, 60 N.H. 63 (1880)
EDDY v. WINCHESTER. Supreme Court of New Hampshire Cheshire. Decided June, 1880. If a citizen of another state, having a claim against a citizen of the same state, attaches the debtor’s real estate in this state to secure his claim, and insolvency proceedings are commenced against the debtor in the state of his domicile, comity […]
COMPANY v. WINGATE, 67 N.H. 190 (1892)
29 A. 413 STORRS BEMENT CO. v. WINGATE a. Supreme Court of New Hampshire Rockingham. Decided June, 1892. The wife of a co-partner, who at her husband’s request signs as surety the promissory note of the firm, is not bound by the contract. Page 191 ASSUMPSIT, on the promissory note of a partnership whereof James […]
STATE v. CHANDONNET, 124 N.H. 778 (1984)
474 A.2d 578 THE STATE OF NEW HAMPSHIRE v. PHILLIP CHANDONNET No. 83-175Supreme Court of New Hampshire Hillsborough Decided April 16, 1984 1. Criminal Law — Offense Charged — Trial Court Ruling In the case of defendant convicted of prostitution after a trial de novo in superior court, where the complaint charged the defendant with […]
CATAMOUNT CONST., INC. v. TOWN OF MILFORD, 121 N.H. 781 (1981)
435 A.2d 123 CATAMOUNT CONSTRUCTION, INC. v. TOWN OF MILFORD No. 80-349Supreme Court of New Hampshire Hillsborough Decided September 16, 1981 1. Contracts — Construction — Generally The proper interpretation of contracts is a question of law. 2. Contracts — Construction — Common Meaning In reaching the proper interpretation of a contract it is required […]
AMERICAN FED’N LOCAL 298 v. CITY OF MANCHESTER, 116 N.H. 665 (1976)
366 A.2d 874 AMERICAN FEDERATION OF STATE, COUNTY MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 298 v. CITY OF MANCHESTER, a. No. 7341Supreme Court of New Hampshire Hillsborough Decided November 30, 1976 1. A collective bargaining contract can bind an unconsenting successor to a contracting party. Such contracts should continue in force even without the compulsion of a […]