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 […]
Category: New Hampshire Court Opinions
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 […]
AINSWORTH v. CLAREMONT, 108 N.H. 55 (1967)
226 A.2d 867 J. LABAN AINSWORTH v. CLAREMONT. No. 5525.Supreme Court of New Hampshire Sullivan.Argued November 2, 1966. Decided March 7, 1967. 1. A judgment on the merits is an absolute bar to a subsequent action for the same cause and concludes the parties, not only as to every matter which was offered and received […]
O’DONNELL v. MOOSE HILL ORCHARDS, 140 N.H. 601 (1996)
670 A.2d 1030 KATHY O’DONNELL v. MOOSE HILL ORCHARDS, INC. a. No. 94-107Supreme Court of New Hampshire Rockingham Decided January 31, 1996 1. Discovery — Sanctions and Failure to Make Discovery — Particular Cases Trial court could have found that good cause existed to excuse the defendants from any failure to supply required discovery where […]
HIGGINS v. RAILROAD, 78 N.H. 609 (1917)
102 A. 553 FRANK C. HIGGINS v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided November 6, 1917. TROVER, by a shipper to recover under the federal statutes for damage to the goods shipped. Facts agreed as follows: On January 20, 1915, the defendant accepted from the plaintiff at Exeter, N.H., for transportation, […]
RECONSTRUCTION c. CORP. v. FAULKNER, 101 N.H. 352 (1958)
143 A.2d 403 RECONSTRUCTION FINANCE CORPORATION v. JOHN C. FAULKNER, JR. a. No. 4643.Supreme Court of New Hampshire Cheshire.Argued May 6, 1958. Decided July 1, 1958. 1. The liability of the defendant guarantors for the balance due on certain notes, given to the plaintiff mortgagee by the mortgagor, after crediting such notes with the proceeds […]
IRON WORKS v. HALE, 64 N.H. 406 (1887)
14 A. 78 HAVERHILL IRON WORKS v. HALE. Supreme Court of New Hampshire Strafford. Decided December, 1887. A bill in equity may be inserted as a declaration in a writ of summons, and may be served upon the defendant by giving him a duly attested copy of the writ and declaration. IN EQUITY. The bill […]
ATV WATCH v. N.H.DEP’T, 155 N.H. 434 (2007)
ATV WATCH v. NEW HAMPSHIRE DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT. No. 2006-020.Supreme Court of New Hampshire Merrimack.Argued: January 5, 2007. Opinion Issued: May 11, 2007. 1. Injunction — Factors — Generally An injunction should not issue unless there is an immediate danger of irreparable harm to the party seeking injunctive relief, there is no […]
SHEA v. RAILROAD, 88 N.H. 462 (1937)
191 A. 650 CATHERINE SHEA v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided April 6, 1937. In an action by an automobile traveler against a railroad for injuries received from colliding with an abutment wall of the defendant’s overpass on a highway, failure to provide a suitable crossing is not established by […]
STATE v. LANGDON, 121 N.H. 1065 (1981)
438 A.2d 299 THE STATE OF NEW HAMPSHIRE v. RICHARD B. LANGDON No. 81-025Supreme Court of New Hampshire Grafton Decided December 8, 1981 1. Trial — Instructions — Reasonable Doubt Instruction of trial court on reasonable doubt standard in prosecution for aggravated felonious sexual assault, which included language somewhat resembling statement made by prosecution in […]
OSGOOD c. CO. v. CLAREMONT, 81 N.H. 29 (1923)
122 A. 346 OSGOOD CONSTRUCTION COMPANY v. CLAREMONT. Supreme Court of New Hampshire Hillsborough. Decided April 3, 1923. The mutual understanding of the parties to a written contract as to the sense in which they used the language of the writing may be shown by their parol negotiations which preceded the agreement. Where a contract […]
BRODERICK v. BLAISDELL, 97 N.H. 338 (1952)
88 A.2d 174 WILLIAM E. BRODERICK v. WILLIS BLAISDELL, Adm’r. SARAH A. BRODERICK v. SAME. No. 4100.Supreme Court of New Hampshire Strafford. Decided April 26, 1952. Where the administrator, defending separate actions for services alleged to have been performed for the decedent in his lifetime, did not elect to testify, the testimony of the plaintiffs […]
ARSENAULT v. WILLIS, 117 N.H. 980 (1977)
380 A.2d 264 JODY ANN ARSENAULT v. CHRISTOPHER R. WILLIS No. 7772Supreme Court of New Hampshire Rockingham Decided December 2, 1977 1. Appeal and Error — Summary Judgment Question whether granting of motion for summary judgment on issue of liability can be transferred prior to determination of damages is within discretion of trial court, which […]
DONOVAN v. MILLS, 90 N.H. 450 (1940)
10 A.2d 456 DENNIS R. DONOVAN v. ABBOTT WORSTED MILLS, INC. No. 3131.Supreme Court of New Hampshire Hillsborough. Decided January 2, 1940. An overseer of a mill whose duty was to have on hand supplies and parts required to keep the machinery in workable condition and repair was within the scope of his employment when […]
STATE v. HILL, 58 N.H. 475 (1878)
STATE v. HILL AND BLAKE. Supreme Court of New Hampshire Grafton. Decided August, 1878. The crime of endeavoring to privately conceal the death of a bastard child, in violation of Gen. St., c. 256, s. 8, may be committed, although the facts are from necessity made known to some one who is requested to keep […]
IN RE COSTA, 156 N.H. 323 (2007)
IN THE MATTER OF CHRISTINE COSTA AND MICHAEL L. COSTA. No. 2006-518.Supreme Court of New Hampshire. Salem Family Division.Argued: April 17, 2007. Opinion Issued: October 18, 2007. 1. Divorce — Division of Property — Generally In a divorce proceeding, marital property is not to be divided by some mechanical formula but in a manner deemed […]
MARINE CORPS LEAGUE v. BENOIT, 96 N.H. 423 (1951)
78 A.2d 513 MARINE CORPS LEAGUE a. v. JOSEPHAT T. BENOIT, Mayor a. No. 3943Supreme Court of New Hampshire Hillsborough Decided February 6, 1951 The mayor and board of aldermen of a city has authority by virtue of R.L., c. 66, s. 13, par. XIII, pertaining to morals, to enact an ordinance governing the operation […]
ELLIOTT v. LACHANCE, 109 N.H. 481 (1969)
256 A.2d 153 DORIS ELLIOTT v. MARGUERITE LACHANCE. No. 5761.Supreme Court of New Hampshire Merrimack.Argued October 1, 1968. Decided July 30, 1969. 1. Implied warranties of fitness and merchantability are not created by an agreement as such between the parties but imposed by law on the basis of public policy, and arise by operation of […]
WHOLEY’S CASE, 110 N.H. 449 (1970)
270 A.2d 609 JOHN J. WHOLEY’S CASE. No. 6137.Supreme Court of New Hampshire Original. Decided October 30, 1970. 1. Any use of client’s money by an attorney for his own advantage is reprehensible misconduct and a breach of trust, making it incumbent upon the supreme court to make appropriate orders to protect the public and […]
ORR v. MOSES, 94 N.H. 309 (1947)
52 A.2d 128 DUDLEY W. ORR, Trustee v. FLORENCE G. MOSES a. No. 3650.Supreme Court of New Hampshire Merrimack. Decided April 1, 1947. A testamentary trust provision that the trustee pay the net income and so much of the principal as he shall find necessary to or for the benefit of the testator’s widow during […]
SNOW v. AMERICAN MORGAN HORSE ASSOC., 141 N.H. 467 (1996)
686 A.2d 1168 MAXINE W. SNOW v. AMERICAN MORGAN HORSE ASSOCIATION, INC. No. 94-794Supreme Court of New Hampshire Sullivan Decided December 5, 1996 1. Fraud — Practice and Procedure — Burden of Proof Although proof may be founded upon circumstantial evidence, fraud must be proven by clear and convincing evidence. RSA 358-A:1. 2. Fraud — […]
DAVIDSON v. CORPORATION, 89 N.H. 535 (1938)
3 A.2d 106 ALBERT P. DAVIDSON v. MAINE NEW HAMPSHIRE GRANITE CORP’N. Supreme Court of New Hampshire Carroll. Decided December 6, 1938. An amendment of a declaration in respect to the date of an accident was not an abuse of discretion, though no continuance was granted, where the defendant previously had full information as to […]
HUTCHINS v. PEABODY, 151 N.H. 82 (2004)
849 A.2d 136 STEPHEN HUTCHINS a. v. ROBIN PEABODY a. No. 2003-368.Supreme Court of New Hampshire Keene District Court.Argued: May 5, 2004. Opinion Issued: May 25, 2004. 1. Landlord and Tenant — Evictions and Forcible Entry and Detainer Actions — Defenses Because the legislature intended to make the statutory defense to violations of fitness available […]
DEARBORN v. SAWYER, 59 N.H. 95 (1879)
DEARBORN v. SAWYER. Supreme Court of New Hampshire Merrimack. Decided June, 1879. The release of an attachment is a good consideration for a promise. Notice to a guarantor is unnecessary when the principal debtor is insolvent; also when the undertaking is absolute. Page 96 Evidence from a servant of a corporation of facts as to […]
APPEAL OF GAGNON, 158 N.H. 391 (2009)
APPEAL OF BRIAN D. GAGNON a. (New Hampshire Compensation Appeals Board) No. 2008-424.Supreme Court of New Hampshire. Compensation Appeals Board.Submitted: January 15, 2009. Opinion Issued: February 20, 2009. 1. Workers’ Compensation — Compensation — Computation of Awards Unless special circumstances are present, the statute dictating how to compute a worker’s “average weekly wages” for compensation […]
STATE v. SLIZ, 124 N.H. 389 (1983)
469 A.2d 1357 THE STATE OF NEW HAMPSHIRE v. RAELLEN SLIZ No. 83-122Supreme Court of New Hampshire Hillsborough Decided December 29, 1983 1. Motor Vehicles — Operation Under the Influence — Elements To support a conviction for violation of the statute making it an offense to drive while under the influence of intoxicating liquor, the […]
BROWN v. LAMPREY, 106 N.H. 121 (1965)
206 A.2d 493 J. WILLCOX BROWN v. STEWART LAMPREY a. No. 5329.Supreme Court of New Hampshire Original.Argued January 18, 1965. Decided January 27, 1965. 1. The Constitution (Pt. II, Art. 29) provides that a candidate for State Senator shall “have been an inhabitant of this state for seven years immediately preceding his election, and at […]
MASTERSON v. LACROIX, 112 N.H. 416 (1972)
297 A.2d 658 EARL MASTERSON v. ROBERT LACROIX SAME v. MacMULKIN CHEVROLET, INC. No. 6288.Supreme Court of New Hampshire Hillsborough. Decided November 30, 1972. 1. Evidence warranted instructions that plaintiff, in crossing with his motor vehicle into an intervening section of a divided highway bordered by unbroken yellow lines, operated his vehicle to the left […]
IN RE ESTATE OF ROLFE, 136 N.H. 294 (1992)
615 A.2d 625 In re ESTATE OF RICHARD S. ROLFE No. 89-526Supreme Court of New Hampshire Merrimack County Probate Court Decided November 4, 1992 1. Executors and Administrators — Fees — Particular Cases In appeal from award of fees in probate matter, supreme court expressly disapproved of use of probate court fee guidelines for establishing […]
CURRIER v. GROSSMAN’S, 107 N.H. 159 (1966)
219 A.2d 273 RICHARD G. CURRIER v. GROSSMAN’S OF NEW HAMPSHIRE, INC. No. 5378.Supreme Court of New Hampshire Grafton.Argued January 4, 1966. Decided April 29, 1966. 1. Requests for instructions are not required to be given verbatim, and a principle correctly expressed need not be restated in different phraseology. 2. Testimony of State Police officer […]
COLEMAN v. STACY, 91 N.H. 60 (1940)
13 A.2d 466 RICHARD COLEMAN, by his father and next friend, v. CLIFFORD E. STACY. SUMNER COLEMAN v. SAME. No. 3155.Supreme Court of New Hampshire Hillsborough. Decided May 7, 1940. In an action for negligently injuring a child of four and a half years by striking him with an automobile as he ran across a […]
HOMANS v. CORNING, 60 N.H. 418 (1880)
HOMANS a. v. CORNING a. Supreme Court of New Hampshire Coos. Decided December, 1880. The plaintiff’s witness having, on cross-examination, testified to conversations with the defendant, the defendant, called as a witness by the plaintiffs, may be examined on the subject of the same conversations. A copy of a marriage record, authorized by the law […]
PAQUETTE v. ST. CLAIR, 119 N.H. 404 (1979)
402 A.2d 182 DIANA PAQUETTE v. CONSTANCE ST. CLAIR a. No. 78-279Supreme Court of New Hampshire Hillsborough Decided May 23, 1979 1. Contracts — Breach — Damages In an action brought to recover damages arising out of defendants’ breach of a contractual agreement to appraise and sell certain antiques belonging to the plaintiff, master’s denial […]
IN THE MATTER OF PLAISTED PLAISTED, 149 N.H. 522 (2003)
824 A.2d 148 In the Matter of Linda A. Plaisted and Grahame J. Plaisted No. 2002-496Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued March 13, 2003 Opinion Issued May 16, 2003 1. Divorce — Child Support — Guidelines Trial court cannot consider a parent’s assets when calculating child support under the guidelines. RSA 458-C:3. 2. […]
CAMPBELL v. CORPORATION, 86 N.H. 310 (1933)
167 A. 558 FRANCIS J. CAMPBELL v. UNITED STATES RADIATOR CORPORATION. Supreme Court of New Hampshire Coos. Decided June 29, 1933. The question whether a foreign corporation was or had been doing business within this state to such an extent that the state has jurisdiction over it in a suit grow-out of its business is […]
PIKE v. BUZZELL, 75 N.H. 486 (1910)
76 A. 642 PIKE v. BUZZELL. Supreme Court of New Hampshire Carroll. Decided June 7, 1910. The acceptance and collection of a check which expressly states that it is “in full settlement of account,” but is for a smaller sum than that claimed to be due, does not furnish conclusive evidence of the payee’s assent […]
IRELAND v. TOWN OF CANDIA, 151 N.H. 69 (2004)
851 A.2d 630 THOMAS IRELAND v. TOWN OF CANDIA. No. 2003-690.Supreme Court of New Hampshire Rockingham.Argued: March 11, 2004. Opinion Issued: May 17, 2004. 1. Zoning and Planning — Judicial Review — Time Limits Where it was undisputed that the zoning board of adjustment voted to disapprove plaintiff’s application for variances on February 13, 2003, […]
STATE v. NOVAK, 147 N.H. 580 (2002)
801 A.2d 202 THE STATE OF NEW HAMPSHIRE v. CHARLES NOVAK No. 2000-524Supreme Court of New Hampshire MerrimackArgued: January 17, 2002 Opinion Issued: April 15, 2002 Modified: July 17, 2002 1. Police — Generally — Authority Statute authorizing a peace officer to take a person into protective custody if, in the judgment of the officer, […]
HANCOCK v. CONCORD, 114 N.H. 404 (1974)
322 A.2d 605 G. STUART HANCOCK v. CITY OF CONCORD NOEL L. GROSSMAN v. CITY OF CONCORD No. 6705Supreme Court of New Hampshire Merrimack Decided June 28, 1974 1. Intent of a statute is determined from the statute’s construction as a whole and not from the construction of separately isolated words or phrases. 2. To […]
WILLIAMS v. MARTIN, 126 N.H. 370 (1985)
492 A.2d 1371 GLORIA WILLIAMS a. v. DAVID J. MARTIN No. 84-469Supreme Court of New Hampshire Hillsborough Decided April 11, 1985 Statutes — Construction and Application — Retrospective Operation Statute authorizing an award of double damages in a civil case arising from an accident which resulted in a defendant’s conviction of driving under the influence […]
BOURASSA v. RAILWAY, 75 N.H. 359 (1909)
74 A. 590 BOURASSA v. GRAND TRUNK RAILWAY CO. Supreme Court of New Hampshire Coos. Decided November 2, 1909. What precautions one exposed to danger is required to take for his own protection depends upon the facts of the particular case; and the question is properly submitted to the jury unless upon the evidence all […]
STATE v. VALENZUELA, 130 N.H. 175 (1987)
536 A.2d 1252 THE STATE OF NEW HAMPSHIRE v. BENJAMIN VALENZUELA a. No. 86-073Supreme Court of New Hampshire Rockingham Decided December 31, 1987 1. Constitutional Law — New Hampshire Constitution — Searches and Seizures Use of a “pen register” by the State police, to record the telephone numbers dialed to make outgoing calls on the […]
HAMBLETT v. NASHUA, 102 N.H. 318 (1959)
156 A.2d 134 CHARLES K. HAMBLETT a. v. NASHUA a. No. 4788.Supreme Court of New Hampshire Hillsborough.Argued November 4, 1959. Decided December 1, 1959. 1. The Nashua zoning ordinance provision that any application for a variance in the use of land or a structure shall be accompanied by the written “consent of the owners . […]
MALONY v. WADDLE, 55 N.H. 227 (1875)
MALONY v. WADDLE. Supreme Court of New Hampshire Merrimack. Decided March 13, 1875. In action of debt on judgment, an account on which a right of action existed in favor of the defendant, at the date of the writ on which the judgment is founded, may be filed in set-off. DEBT upon a judgment recovered […]
N.H.-VT. HOSP. SERV. v. WHALAND, 113 N.H. 461 (1973)
309 A.2d 508 NEW HAMPSHIRE-VERMONT HOSPITALIZATION SERVICE v. FRANCIS E. WHALAND, INSURANCE COMMISSIONER No. 6723Supreme Court of New Hampshire Original Decided September 11, 1973 1. Legislature’s sole purpose in enacting Laws 1973, ch. 160 was to make RSA 541:18, 19 applicable to hospital service corporations. 2. Supreme court held that Laws 1973, ch. 160, by […]
ROUKEY v. RILEY, 96 N.H. 351 (1950)
77 A.2d 30 JOSEPH J. ROUKEY v. WILLIAM H. RILEY, Commissioner of Labor. No. 3940.Supreme Court of New Hampshire Hillsborough. Decided December 5, 1950. In determining a claimant’s eligibility to unemployment compensation the question of whether he has voluntarily so limited the field of work which he will accept, due to his partial unavailability, as […]
IN RE ETHAN H., 135 N.H. 681 (1992)
609 A.2d 1222 In re ETHAN H. No. 90-533Supreme Court of New Hampshire Hillsborough Decided June 25, 1992 1. Appeal and Error — Discretion of Lower Court — Generally Superior court’s findings will not be reversed unless they are unsupported by evidence or erroneous as a matter of law. 2. Infants — Neglected Children — […]
WOOLF v. FULLER, 87 N.H. 64 (1934)
174 A. 193 FRANK WOOLF a. v. ENOCH D. FULLER a. Supreme Court of New Hampshire Hillsborough. Decided June 28, 1934. Upon a bill for an injunction against state officials to restrain collection of a tax, if no ground appears for equitable relief, the bill may be amended into a suit for a declaratory judgment […]
PERLEY v. ROBERTS, 91 N.H. 254 (1941)
18 A.2d 385 EDITH F. PERLEY v. FRANK W. ROBERTS. No. 3220.Supreme Court of New Hampshire Carroll. Decided February 4, 1941. A motion for a new trial will not be granted on the ground of newly discovered evidence where the moving party or his counsel knew or ought to have known the existence of the […]
ROUSSEAU v. ROUSSEAU, 116 N.H. 106 (1976)
352 A.2d 706 PETER B. ROUSSEAU v. PAMELA L. ROUSSEAU No. 7246Supreme Court of New Hampshire Hillsborough Decided February 27, 1976 1. Viewing the evidence most favorably to the plaintiff and bearing in mind that the belief or disbelief of parties and witnesses is solely the prerogative of the trial court, the order transferring custody […]
BUZZELL v. HARDY, 58 N.H. 331 (1878)
BUZZELL v. HARDY. Supreme Court of New Hampshire Merrimack. Decided June, 1878. As between the officer and the debtor, an attachment is not dissolved by taking a receipt and allowing the property to pass back into the possession of the debtor. When a debtor is the owner of two pieces of property, either of which […]
BORCHERS v. TAYLOR, 83 N.H. 564 (1929)
145 A. 666 CHARLES H. BORCHERS a., Trustees, v. ELBRIDGE B. TAYLOR a. Supreme Court of New Hampshire Rockingham. Decided April 2, 1929. The interpretation of a will is the ascertainment of the testator’s intention, which is a question to be determined by the trial court upon competent evidence subject to review by the supreme […]
APPEAL OF CITY OF CONCORD, 123 N.H. 256 (1983)
459 A.2d 285 APPEAL OF CITY OF CONCORD (Public Employee Labor Relations Board) No. 81-339Supreme Court of New Hampshire Public Employee Labor Relations Board Decided April 29, 1983 1. Public Employees — Public Employee Labor Relations Board — Authority The public employee labor relations board is vested with authority to define and interpret the terms […]
STATE v. CARR, 107 N.H. 477 (1966)
225 A.2d 178 STATE v. DONALD DANIEL CARR. No. 5556.Supreme Court of New Hampshire Salem District Court.Argued December 7, 1966. Decided December 20, 1966. 1. The duty of a father to support his minor children is imposed by statute (RSA 571:2; 460:23 (supp)); and where the divorced wife having custody of the children resides in […]
STATE v. HOWELL, 158 N.H. 717 (2009)
THE STATE OF NEW HAMPSHIRE v. THOMAS HOWELL. No. 2008-509.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: April 16, 2009. Opinion Issued: May 15, 2009. 1. Criminal Law — Double Jeopardy — Generally In general, the Double Jeopardy Clause provides that a defendant may not be twice placed in jeopardy for the same offense. As […]
GLIDDEN v. NEWPORT, 74 N.H. 207 (1907)
66 A. 117 GLIDDEN v. NEWPORT. Supreme Court of New Hampshire Sullivan. Decided March 5, 1907. Where one loans money at interest and takes as security for the loan an absolute deed of real estate, giving a bond to the borrower to convey the realty to him upon payment of the loan, the lender is […]
IN RE RICHARDSON TRUST, 138 N.H. 1 (1993)
634 A.2d 1005 In re CLAYTON J. RICHARDSON TRUST No. 92-567Supreme Court of New Hampshire Grafton County Probate Court Decided December 3, 1993 1. Courts — Probate Jurisdiction — Practice and Procedure Findings of fact of the probate court govern unless they are so plainly erroneous that such findings could not be reasonably made. RSA […]
HITCHINS v. PETTINGILL, 58 N.H. 386 (1878)
HITCHINS a. v. PETTINGILL a. Supreme Court of New Hampshire Rockingham. Decided August, 1878. When reformation is sought of a deed, which, through fraud or mistake, conveys less land than was orally bought and paid for, the case does not stand as if there were no deed; and the error may be corrected without proof […]
STATE v. OUELLETTE, 98 N.H. 491 (1954)
103 A.2d 508 STATE v. ROMEO OUELLETTE. No. 4268.Supreme Court of New Hampshire Strafford.Argued February 2, 1954. Decided March 2, 1954. In an indictment for manslaughter of the second degree (R. L., c. 455, s. 9) for the killing of a pedestrian by culpably negligent operation of a motor vehicle it was unnecessary to consider […]
HARMON v. RICHARDSON, 88 N.H. 312 (1936)
188 A. 468 ANSELM HARMON, Adm’r v. ZOAR J. RICHARDSON. Supreme Court of New Hampshire Hillsborough. Decided December 1, 1936. In an action for causing death by negligence the plaintiff is not required to disprove the operation of all other possible causes. It is enough if he makes it appear more probable than otherwise that […]
BARNES v. N.H. KARTING ASSOC., 128 N.H. 102 (1986)
509 A.2d 151 JOHN E. BARNES a. v. NEW HAMPSHIRE KARTING ASSOCIATION, INC. a. No. 85-204Supreme Court of New Hampshire Merrimack Decided May 12, 1986 1. Negligence — Duty — Generally A party should be liable for the consequences of the negligent breach of a duty owed another. 2. Negligence — Standards of Care — […]
ATTORNEY-GENERAL v. FOLSOM, 69 N.H. 556 (1899)
45 A. 410 ATTORNEY-GENERAL (ex rel. PEARSON a.) v. FOLSOM. Supreme Court of New Hampshire Rockingham. Decided June, 1899. In the absence of statutory provision, the legal voters at a town meeting have authority to dictate the time at which the polls shall be closed. Under Laws 1897, c. 78, s. 18, the moderator at […]
PAYETTE v. PAYETTE, 85 N.H. 297 (1931)
157 A. 531 CALLA B. PAYETTE v. JOSEPH A. PAYETTE. Supreme Court of New Hampshire Sullivan. Decided December 1, 1931. In a divorce proceeding the question of an allowance for the support of a child is within the discretion of the trial court and will not be set aside unless it clearly appears that there […]
PIERCE v. BAKER, 58 N.H. 531 (1879)
PIERCE, Adm’r, v. BAKER a. Supreme Court of New Hampshire Merrimack. Decided March, 1879. Under a will giving to M. and M. “and to the longest liver of them, all my household furniture, in addition to an equal share to each of them in the distribution of the residue of my estate,” M. and M. […]
FERNS v. COMPANY, 81 N.H. 283 (1924)
125 A. 434 WILLIAM T. FERNS v. AMERICAN MOORE PEG CO. Supreme Court of New Hampshire Grafton. Decided April 1, 1924. To enforce a mechanic’s lien under P. S., c. 141, ss. 9, 17, the precept of the writ must describe with reasonable accuracy the property on which the plaintiff claims the lien and also […]
WAITE v. SYLVESTER, 131 N.H. 663 (1989)
560 A.2d 619 ALVIS J. WAITE, ON BEHALF OF BRETTON WOODS ACQUISITION COMPANY AND MT. WASHINGTON MANAGEMENT COMPANY, INC. v. JOHN E. SYLVESTER, JR. JOHN E. SYLVESTER, JR. v. BRETTON WOODS ACQUISITION COMPANY JOHN E. SYLVESTER, JR. v. MT. WASHINGTON MANAGEMENT COMPANY, INC. No. 87-383Supreme Court of New Hampshire Coos Decided June 13, 1989 1. […]
SCRIBNER v. WIKSTROM, 93 N.H. 17 (1943)
34 A.2d 658 GEORGE EVERETT SCRIBNER, Collector of Taxes v. A. S. WIKSTROM. No. 3424.Supreme Court of New Hampshire Merrimack. Decided November 2, 1943. Whether a state has power to tax land acquired by the United States in accordance with 40 U.S. Stat. 911, or to tax property situated thereon, depends upon the reservation, if […]
BANK OF NEW YORK c. CO. v. TILTON, 82 N.H. 81 (1925)
129 A. 492 BANK OF NEW YORK AND TRUST COMPANY v. FRANK P. TILTON a. Supreme Court of New Hampshire Belknap. Decided May 5, 1925. A foreign corporation, other than a national bank located within the state, cannot be appointed trustee by any court of this state. A person named as trustee by a will […]
RYE BEACH COUNTRY CLUB v. TOWN OF RYE, 143 N.H. 122 (1998)
719 A.2d 623 RYE BEACH COUNTRY CLUB, INC. v. TOWN OF RYE No. 96-192Supreme Court of New Hampshire Rockingham Decided November 4, 1998 1. Taxation — Assessment of Real Property Taxes — Abatement Superior court may grant tax abatements as justice requires; in order to hbe granted an abatement, taxpayer must prove by a preponderance […]
ROY v. MANCHESTER GAS CO., 113 N.H. 140 (1973)
302 A.2d 825 ARMAND F. ROY v. MANCHESTER GAS CO. No. 6557Supreme Court of New Hampshire Hillsborough Decided March 29, 1973 1. Superior court order prohibiting plaintiff from filing further pleadings for the relitigation of his claim for compensation and other relief was affirmed. Armand F. Roy for the plaintiff, pro se. Wadleigh, Starr, Peters, […]
PETITION OF TOCCI, 137 N.H. 131 (1993)
624 A.2d 548 PETITION OF MICHAEL J. TOCCI No. LD-92-012Supreme Court of New Hampshire Original Decided April 23, 1993 1. Attorneys — Bar Association — Integration Supreme court would not overrule previous decisions unifying state bar. 2. Attorneys — Bar Association — Integration Because judicial branch requires qualified and ethical bar to perform its functions, […]
STATE v. BRODHEAD, 116 N.H. 39 (1976)
351 A.2d 57 STATE OF NEW HAMPSHIRE v. BOYD BRODHEAD No. 7268Supreme Court of New Hampshire Durham District Court Decided January 31, 1976 1. To constitute an arrest there must exist an intent on the part of the arresting officer to take the person into custody and a corresponding understanding by the person arrested that […]
REEVES v. COX, 118 N.H. 271 (1978)
385 A.2d 847 STEVEN WAYNE REEVES v. EDMOND COX, SUPERINTENDENT, MERRIMACK COUNTY JAIL No. 7950Supreme Court of New Hampshire Merrimack Decided April 25, 1978 1. Extradition — Governor’s Warrant — Findings In an extradition proceeding, Governor of asylum State must consider whether requisition papers are in order, whether person demanded is substantially charged with a […]
IN RE KALIL’S CASE, 146 N.H. 466 (2001)
773 A.2d 647 KALIL’S CASE No. LD-98-007Supreme Court of New Hampshire Decided June 6, 2001 Attorneys — Reprimand, Suspension and Disbarment —Particular Cases Findings that respondent violated Rules 3.3(a)(1), 4.4, 8.4(c) and 8.4(a) by threatening an unrepresented opposing party, by knowingly making a false statement of material fact to the court, and by engaging in […]
APRIL v. PERONT, 88 N.H. 309 (1936)
188 A. 457 RAOUL T. APRIL v. ARTHUR A. PERONT. Supreme Court of New Hampshire Hillsborough. Decided December 1, 1936. One who holds himself out as practicing a profession is only required to possess the knowledge and to exercise the care and skill of the ordinary practitioner of that profession in the same place or […]
CUMBERLAND FARMS v. PIERCE, 104 N.H. 489 (1963)
190 A.2d 403 CUMBERLAND FARMS NORTHERN, INC. v. ALFRED T. PIERCE a. No. 5110.Supreme Court of New Hampshire Milk Control Board.Argued March 5, 1963. Decided April 30, 1963. 1. The Milk Control Board in fixing prices which are “just and reasonable” (RSA 183:7) is bound to consider among other factors the costs which are incurred […]
BANCROFT v. CONANT, 64 N.H. 151 (1886)
5 A. 836 BANCROFT v. CONANT a. Supreme Court of New Hampshire Grafton. Decided June, 1886. A bill in equity for the removal of a cloud upon the title to real estate within the jurisdiction of the court is in the nature of a proceeding in rem and local in its character, and the court […]
MAYNARD v. INSURANCE CO., 76 N.H. 275 (1911)
81 A. 1077 MAYNARD v. UNITED STATES HEALTH AND ACCIDENT INSURANCE CO. Supreme Court of New Hampshire Hillsborough. Decided December 5, 1911. A provision in an accident insurance policy, stipulating that no action shall be maintainable thereon after six months from the time when proof of disability must be furnished, is binding upon the insured, […]
STATE v. HORAK, 159 N.H. 576 (2010)
THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER HORAK. No. 2009-027.Supreme Court of New Hampshire. Manchester District Court.Argued: November 17, 2009. Opinion Issued: January 14, 2010. 1. Witnesses — Competency — Generally Whether a witness is competent to testify is a question of law for the trial court. Where the record supports the court’s determination of […]
HOLLAND v. METALIOUS, 105 N.H. 290 (1964)
198 A.2d 654 JOHN S. HOLLAND, Adm’r w.w.a. a. v. GEORGE METALIOUS a. No. 5234.Supreme Court of New Hampshire Original.Hearing February 27, 1964. Order Issued February 27, 1964. Opinion Filed March 18, 1964. 1. The Superior Court had equity jurisdiction of a petition for injunction by fiduciaries to enjoin funeral services where the testatrix’s will […]
O’BRIEN v. O’LEARY, 64 N.H. 332 (1887)
10 A. 697 O’BRIEN v. O’LEARY a. Supreme Court of New Hampshire Strafford. Decided June, 1887. J. Q. died leaving six children, to one of whom, J. Q., Jr., he gave by will certain land “to have and to hold to him his heirs and assigns forever.” Another clause of the will provides that “In […]
GOSS v. CITY OF MANCHESTER, 140 N.H. 449 (1995)
669 A.2d 785 DAVID M. GOSS, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF KIMBERLY S. GOSS v. CITY OF MANCHESTER Nos. 94-131, 94-627Supreme Court of New Hampshire Rockingham Decided November 21, 1995 1. Municipal Law — Liability — Tort Liability Municipal governments are immune from tort liability arising out of the negligent conduct of […]
IN THE MATTER OF GOLDMAN ELLIOTT, 151 N.H. 770 (2005)
868 A.2d 278 IN THE MATTER OF ROBERT L. GOLDMAN AND MARY E. (GOLDMAN) ELLIOTT. No. 2004-241.Supreme Court of New Hampshire Rockingham.Argued: November 30, 2004. Opinion Issued: March 2, 2005. 1. Statutes — Enactment — Prospective or Retroactive Operation Every statute which takes away or impairs vested rights, acquired under existing laws, or creates a […]
STATE v. VREDENBURG, 91 N.H. 372 (1941)
19 A.2d 414 STATE v. EDWARD P. VREDENBURG. No. 3237.Supreme Court of New Hampshire Hillsborough. Decided April 1, 1941. Where a criminal statute is directed at acts without reference to habitual conduct, repeated violations constitute distinct offenses. An indictment for a statutory offense is not to be tested by the common-law limitations of a similar […]
WELLS v. ANDERSON, 69 N.H. 561 (1899)
44 A. 103 WELLS v. ANDERSON a. Supreme Court of New Hampshire Rockingham. Decided June, 1899. A bequest of “one dollar and no more” to an heir-at-law of the testator will not prevent him from taking his distributive share in property undisposed of by the will. PETITION for partition of the Jack lot, so called. […]
STATE v. KIVLIN, 145 N.H. 718 (2001)
766 A.2d 274 THE STATE OF NEW HAMPSHIRE v. NANCY KIVLIN. No. 98-281Supreme Court of New Hampshire Belknap Decided January 24, 2001 1. Criminal Law — Self-Incrimination — Immunity State, with authorization from attorney general or county attorney, may grant a witness use immunity and request trial court to order witness to testify. RSA 516:34. […]
FANNY v. PIKE INDUS., INC., 119 N.H. 108 (1979)
398 A.2d 841 WILLIAM FANNY, BY HIS FATHER AND NEXT FRIEND, RICHARD FANNY v. PIKE INDUSTRIES, INC. No. 78-215Supreme Court of New Hampshire Merrimack Decided February 28, 1979 Motor Vehicles — Negligence Actions — Contractor’s Duty To Erect Barriers Contractor constructing alterations to highway interchange owed no duty to driver of off-highway recreational vehicle nor […]
MERCHANTS INS. GROUP v. WARCHOL, 132 N.H. 23 (1989)
560 A.2d 1162 MERCHANTS INSURANCE GROUP v. MITCHELL WARCHOL d/b/a JUSTAM GENERAL CONTRACTOR AND WILLIAM AND DEBORAH DIMICK No. 88-185Supreme Court of New Hampshire Hillsborough Decided July 14, 1989 1. Insurance — Declaratory Judgment Action — Coverage In a declaratory judgment action to determine whether an insurance policy covers a pending claim, the burden of […]
STATE v. SEYMOUR, 161 N.H. 450 (2011)
20 A.3d 347 THE STATE OF NEW HAMPSHIRE v. HORACE W. SEYMOUR, III. No. 2009-678.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: January 20, 2011. Opinion Issued: February 23, 2011. 1. Banking — Regulation of Banking — Generally The attorney general’s office was not engaged in a civil or criminal investigation of defendant either when […]
NASHUA HOUSING AUTHORITY v. TASSIE, 121 N.H. 449 (1981)
431 A.2d 134 NASHUA HOUSING AUTHORITY v. JACQUELINE TASSIE Nos. 80-256 80-365Supreme Court of New Hampshire Nashua District Court Decided June 10, 1981 1. Landlord and Tenant — Writ of Possession — Conditional Writs Where landlord established nonpayment of rent, lower court lacked authority to make writ of possession conditional, and case would be remanded […]
RICKER v. MATHEWS, 94 N.H. 313 (1947)
53 A.2d 196 JOHN H. RICKER v. EDWARD MATHEWS a. No. 3601.Supreme Court of New Hampshire Hillsborough. Decided May 6, 1947. Where the circumstances under which a conveyance of real estate is made strongly suggest that the conveyance was made in fraud of creditors in violation of the fraudulent conveyance act (R. L., c. 419, […]
CHADWICK v. CSI, LTD., 137 N.H. 515 (1993)
629 A.2d 820 JOEL CHADWICK d/b/a THE GREAT AMERICAN FLOOR COMPANY v. CSI, LTD. and PINE HILL WALDORF SCHOOL PINE HILL WALDORF SCHOOL v. JOEL CHADWICK d/b/a THE GREAT AMERICAN FLOOR COMPANY and CSI, LTD. CSI, LTD. v. PINE HILL WALDORF SCHOOL No. 92-243Supreme Court of New Hampshire Hillsborough Decided August 5, 1993 1. Trial […]
PAGE v. HODGDON, 63 N.H. 53 (1884)
PAGE v. HODGDON a. Supreme Court of New Hampshire Strafford. Decided June, 1884. An oral agreement of two land-owners for the division and maintenance of a partition fence for the season, executed by one of them and not rescinded, is valid. CASE. In 1883 the parties owned and occupied adjoining pastures, and by a parol […]