TUFTONBOROUGH v. FOX a. Supreme Court of New Hampshire Carroll. Decided August, 1878. A diminution of the ability of a town to build and maintain a highway may be a sufficient change of circumstances to authorize the discontinuance of the highway. PETITION, for the discontinuance of a highway that had not been constructed. The court […]
Category: New Hampshire Court Opinions
SWOROSKI v. SWOROSKI, 75 N.H. 1 (1908)
70 A. 119 SWOROSKI v. SWOROSKI. Supreme Court of New Hampshire Belknap. Decided June 2, 1908. A married woman residing in another state may for cause acquire a domicile apart from her husband by removing to this state with the intention of making it her permanent home and actually residing here. A wife who has […]
STATE v. AKERS, 119 N.H. 161 (1979)
400 A.2d 38 THE STATE OF NEW HAMPSHIRE v. MELVIN E. AKERS AND MARSHAL H. FOX No. 78-170Supreme Court of New Hampshire Ossipee District Court Decided March 23, 1979 1. Motor Vehicles — Off Highway Recreational Vehicles — Parental Responsibility Language of statute holding parents responsible for any violations of provisions pertaining to operation and […]
ORDER (N.H. 10-12-2005)
ORDER Supreme Court of New Hampshire October 12, 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 a technical amendment to Supreme Court Rule 39(3)(a) as set forth in Appendix A; a technical amendment to Supreme Court […]
OWEN v. HOSPITAL, 82 N.H. 497 (1927)
136 A. 133 CARRIE OWEN v. ELLIOT HOSPITAL. Supreme Court of New Hampshire Hillsborough. Decided January 4, 1927. In a common-law action by a servant against his master for injuries, the plaintiff has the burden of proving non-assumption of risk. Although aware of a defect in an appliance, a servant does not assume the danger […]
DOVER v. FIREFIGHTERS LOCAL 1312, 114 N.H. 481 (1974)
322 A.2d 918 CITY OF DOVER v. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1312 a. No. 6885Supreme Court of New Hampshire Strafford Decided July 19, 1974 1. A letter from the firemen’s union notifying the city that the union “rejected” the contract between them was held to have clearly conveyed the message that the terms of […]
BARTLETT v. LEE, 60 N.H. 168 (1880)
BARTLETT v. LEE. Supreme Court of New Hampshire Rockingham. Decided December, 1880. A petition for leave to file a claim for a traveller’s highway damages (G. L., c. 75, Y. 9) cannot be maintained in any other county than that in which the suit for the damages must be brought. When, through accident or mistake, […]
ZEBNIK v. ROZMUS, 81 N.H. 45 (1923)
124 A. 460 KATHARINE ZEBNIK v. ANTONI ROZMUS. SAME v. MARY ROZMUS. Supreme Court of New Hampshire Hillsborough. Decided May 1, 1923. Where the plaintiff’s claim is for injury resulting from the joint or concurring wrong of two or more defendants, the satisfaction of the judgment against one of the wrongdoers is a satisfaction of […]
SNIERSON v. RAAB, 81 N.H. 403 (1924)
128 A. 8 CASPER SNIERSON v. ADOLPH G. RAAB. Supreme Court of New Hampshire Strafford. Decided December 2, 1924. An exception to the denial of a motion that the evidence at a hearing before a referee be reported cannot be sustained if the evidence was not taken stenographically and cannot be reported, or if it […]
JANVRIN v. JANVRIN, 60 N.H. 169 (1880)
JANVRIN v. JANVRIN a. Supreme Court of New Hampshire Rockingham. Decided December, 1880. A knowledge of such facts and circumstances as would put a person of ordinary care on inquiry, and, if traced and understood, would lead to a knowledge of title in a third party under an unrecorded deed, is sufficient to charge a […]
WESSON v. NASHUA POLICE ASS’N, 103 N.H. 104 (1960)
165 A.2d 585 RAY E. WESSON v. NASHUA POLICE RELIEF ASSOCIATION, INC. No. 4864.Supreme Court of New Hampshire Hillsborough.Argued November 2, 1960. Decided November 30, 1960. 1. Where a by-law of the Nashua Police Relief Association provided that members who have retired under the provisions of the “Police Pension Act” shall continue members of the […]
ANNA H. CARDONE REVOCABLE TRUST v. CARDONE, 160 N.H. 521 (2010)
ANNA H. CARDONE REVOCABLE TRUST, WESLEY CARDONE, TRUSTEE v. LINDA K. CARDONE a. No. 2009-316.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: November 17, 2009. Opinion Issued: July 20, 2010. 1. Courts — Court Rules and Procedure —Generally A trial court has broad discretion in determining whether to waive its rules, and an appellate court […]
DICKEY v. WESTON, 61 N.H. 23 (1881)
DICKEY v. WESTON. Supreme Court of New Hampshire Hillsborough. Decided June, 1881. The covenants of seizin and of good right to convey, relating to the state of facts existing at the time of the conveyance, are broken, if at all, at the time of the delivery of the deed; but the damages are determined upon […]
DOUGHTY v. LITTLE, 61 N.H. 365 (1881)
DOUGHTY a. v. LITTLE. Supreme Court of New Hampshire Merrimack. Decided December, 1881. A decree of the judge of probate accepting the report of a committee to assign dower and a homestead, will not be reversed for the reason that the committee erred in its findings of fact. PETITION, for leave to appeal from a […]
ELLIOT v. MASON, 76 N.H. 229 (1911)
81 A. 701 ELLIOTT v. MASON. Supreme Court of New Hampshire Hillsborough. Decided November 7, 1911. A town which maintains an uncovered ditch at the side of a highway, in such manner as to unreasonably interfere with the occupation and enjoyment of adjacent land, is not liable in an action for nuisance to one who […]
OPINION OF THE JUSTICES, 76 N.H. 597 (1911)
79 A. 490 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided March 20, 1911. There is no constitutional objection to the imposition of a tax upon property passing by will or inheritance which shall be assessed at different rates upon classes standing in different relations to the original owner, or between which there […]
ALLEN v. DOVER CO-RECREATIONAL SOFTBALL LEAGUE, 148 N.H. 407 (2002)
807 A.2d 1274 Carol and Gary Allen v. Dover Co-Recreational Softball League a. No. 2001-457Supreme Court of New Hampshire StraffordSubmitted July 26, 2002 Opinion Issued September 30, 2002 1. Negligence — Generally — Comparative Negligence Where a plaintiff has not acted negligently in causing her own injury, there is no contributory negligence and the comparative […]
CONNOLLY’S CASE, 127 N.H. 786 (1986)
508 A.2d 1054 CONNOLLYS CASE No. 85-205Supreme Court of New Hampshire Original Decided April 9, 1986 1. Attorney and Client — Disciplinary Proceedings — Generally A lawyer’s obligation to refrain, at the least, from misuse of a client’s property must stand among the most insistent of professional norms, since the opportunities and the duties of […]
POPIK v. POPIK, 115 N.H. 668 (1975)
348 A.2d 341 ELLAINE S. POPIK v. CHARLES T. POPIK No. 7183Supreme Court of New Hampshire Carroll Decided November 28, 1975 1. The trial judge has broad discretion in determining the amount of support to decree and he did not abuse his authority in entering the order for future support in the present case. 2. […]
NIEMIEC v. KING, 109 N.H. 586 (1969)
258 A.2d 356 BARBARA NIEMIEC a. v. JOHN A. KING, Director of Probation. No. 5979.Supreme Court of New Hampshire Hillsborough.Argued October 8, 1969. Decided October 31, 1969. 1. It is not the function of the judicial branch of the State government to pass on the wisdom, desirability and expediency of statutes enacted by the Legislature. […]
APPEAL OF PINETREE POWER, 152 N.H. 92 (2005)
871 A.2d 78 APPEAL OF PINETREE POWER, INC. a. (New Hampshire Public Utilities Commission). No. 2004-400.Supreme Court of New Hampshire Public Utilities Commission.Argued: February 16, 2005. Opinion Issued: April 4, 2005. 1. Public Utilities — Electricity and Water — Generally Although the statute pertaining to the divestiture of the generation assets of Public Service of […]
STATE v. HART, 130 N.H. 325 (1988)
540 A.2d 859 THE STATE OF NEW HAMPSHIRE v. JOHN W. HART No. 86-467Supreme Court of New Hampshire Carroll Decided March 10, 1988 1. Statutes — Construction and Application — Generally In any case involving the interpretation of a statute, the starting point must be the language of the statute itself. 2. Statutes — Construction […]
ROBERTSON v. HILLSBOROUGH, 78 N.H. 603 (1916)
99 A. 1069 ELIZABETH A. ROBERTSON v. HILLSBOROUGH. Supreme Court of New Hampshire Hillsborough. Decided December 5, 1916. ACTION, under Laws 1893, c. 59, for damages to one traveling upon a highway. Trial by jury. The court subject to exception instructed the jury that there was no evidence upon which they could find that the […]
CROCKER v. HILL, 61 N.H. 345 (1881)
CROCKER v. HILL. Supreme Court of New Hampshire Merrimack. Decided December, 1881. The intention of the parties, found upon competent evidence, governs the construction of a written lease. A lessor covenanted to make all necessary repairs upon the outside of the buildings upon the demised premises upon notice to him; and there were mutual covenants […]
RAILROAD v. FORSAITH, 59 N.H. 122 (1879)
CONCORD PORTSMOUTH RAILROAD v. FORSAITH a. Supreme Court of New Hampshire Hillsborough. Decided June, 1879. The equality clause of the statute of railway transportation (G. L., c. 163, s. 2) is a reenactment of the common law against unreasonable and unjust discrimination, and does not require the same price per pound for transporting large and […]
UNION HOSIERY CO. v. HODGSON, 72 N.H. 427 (1904)
57 A. 384 UNION HOSIERY CO. a. v. HODGSON. Supreme Court of New Hampshire Belknap. Decided February 2, 1904. The authority of a tenant in common to act as agent for his co-tenants in given transaction cannot be inferred from his undertaking so to do in the particular instance, nor from a special authority to […]
AIMCO PROPS. v. DZIEWISZ, 152 N.H. 587 (2005)
AIMCO PROPERTIES, LLC d/b/a ROYAL CREST ESTATES v. KASHA DZIEWISZ. No. 2004-747.Supreme Court of New Hampshire Nashua District Court.Argued: June 22, 2005. Opinion Issued: September 7, 2005. 1. Landlord and Tenant — Evictions and Forcible Entry andDetainer Actions — Grounds Regardless of whether the defendant had the status of a leasehold tenant or the status […]
APPEAL OF VERIZON NEW ENGLAND, 158 N.H. 693 (2009)
APPEAL OF VERIZON NEW ENGLAND, INC. d/b/a VERIZON NEW HAMPSHIRE a. (New Hampshire Public Utilities Commission) No. 2008-645.Supreme Court of New Hampshire. Public Utilities Commission.Argued: April 7, 2009. Opinion Issued: May 7, 2009. 1. Public Utilities — Rates and Charges — Particular Cases The plain meaning of the three provisions of a tariff was that […]
PRESCOTT v. JENNESS, 77 N.H. 84 (1913)
88 A. 218 MAILAND E. PRESCOTT v. GEORGE G. JENNESS. Supreme Court of New Hampshire Merrimack. Decided June 27, 1913. Where a mortgagor, acting upon the belief that the time for redemption has been extended after foreclosure, makes an arrangement whereby a third party is to pay the debt and receive an assignment of the […]
WIK v. COMPANY, 91 N.H. 170 (1940)
15 A.2d 870 KARL O. WIK v. SEARS, ROEBUCK COMPANY. No. 3170.Supreme Court of New Hampshire Hillsborough. Decided October 1, 1940. Objections to evidence, unless made at the earliest practicable moment after its introduction, or its bearing is understood, will ordinarily be considered as waived. An erroneous but harmless ruling of law will not be […]
VALLEY v. WOLFEBORO, 103 N.H. 162 (1961)
167 A.2d 58 GEORGE RUDY VALLEY v. WOLFEBORO a. No. 4899.Supreme Court of New Hampshire Carroll.Argued December 7, 1960. Decided January 20, 1961. 1. In a petition for workmen’s compensation testimony as to why the injured workman’s employer had not re-employed him following a ruptured intervertebral disc injury in the course of his employment, after […]
STATE v. PLOOF, 2009-469 (N.H. 11-2-2011)
THE STATE OF NEW HAMPSHIRE v. WILLIAM PLOOF. No. 2009-469Supreme Court of New Hampshire Hillsborough-northern judicial districtArgued: April 7, 2011 Opinion Issued: November 2, 2011 Michael A. Delaney, attorney general (Thomas E. Bocian, assistant attorney general, on the brief and orally), for the State. Christopher M. Johnson, chief appellate defender, of Concord, on the brief […]
ALDEN v. GIBSON, 63 N.H. 12 (1883)
ALDEN v. GIBSON a. Supreme Court of New Hampshire Cheshire. Decided December, 1883. In a bill in equity to compel the application upon the plaintiff’s debt of moneys conveyed fraudulently and without consideration, by his debtor to the defendant, it need not be alleged that the plaintiff has suffered damage, excepting such as results from […]
NEW ENG. TEL. CO. v. STATE, 95 N.H. 58 (1948)
57 A.2d 267 NEW ENGLAND TELEPHONE TELEGRAPH COMPANY v. STATE. No. 3728.Supreme Court of New Hampshire Public Service Commission. Decided February 12, 1948. An “emergency” exists in an interstate public utility’s financial affairs, within the meaning of R.L., c. 292, s. 10, which entitles it to emergency relief, when its credit has become so impaired […]
APPEAL OF FRED FULLER OIL CO., 144 N.H. 607 (2000)
744 A.2d 1141 APPEAL OF FRED FULLER OIL CO., INC. (New Hampshire Department of Labor) No. 96-667Supreme Court of New Hampshire Department of Labor Decided January 31, 2000 1. Labor — Regulation — Whistleblower’s Act In determining whether an employee has “reported” a violation of law within meaning of Whistleblowers’ Protection Act, court will presume […]
SAVINGS BANK v. BERRY, 63 N.H. 109 (1884)
PITTSFIELD SAVINGS BANK v. BERRY a. Supreme Court of New Hampshire Merrimack. Decided June, 1884. A conveyance of land made in 1846 by a woman in contemplation of marriage, to hold upon the trust that the grantee “will stand seized thereof to the sole use, benefit, and behoof” of the grantor, vests the legal title […]
PETITION OF KALAK, 162 N.H. 314 (2011)
PETITION OF PATRICIA M. KALAR, (New Hampshire Department of Health and Human Services). No. 2010-456.Supreme Court of New Hampshire. Department of Health and Human Services.Argued: May 12, 2011. Opinion Issued: August 11, 2011. 1. Administrative Law — Judicial Review —Generally The only judicial review of a fair hearings decision issued by the New Hampshire Department […]
LORD v. ROBERTS, 84 N.H. 517 (1931)
153 A. 1 JENNIE T. LORD v. MINNIE H. ROBERTS, Ex’x. Supreme Court of New Hampshire Belknap. Decided January 6, 1931. When a decedent’s estate is administered in the insolvent course, P. L., c. 303, s. 15 permits only such part of a claim against such estate to be allowed as exceeds the value of […]
POPE v. LEE, 152 N.H. 296 (2005)
DAVID A. POPE AND SUZANNE M. POPE, INDIVIDUALLY AND AS TRUSTEES OF THE DAVID A. POPE 1990 REVOCABLE TRUST AND THE WOODIE 1990 REVOCABLE TRUST v. NANCY MORAN LEE. No. 2004-314.Supreme Court of New Hampshire Rockingham.Argued: February 16, 2005. Opinion Issued: June 3, 2005. 1. Landlord and Tenant — Lease Agreement — Construction Generally A […]
ROGERS v. MUNSEY, 103 N.H. 37 (1960)
164 A.2d 554 CHARLES C. ROGERS, G’d’n of Alberta F. Folsom v. EVERETT D. MUNSEY, Successor Trustee u/w/o Imogene F. Cooke. No. 4844.Supreme Court of New Hampshire Belknap Probate Court.Argued September 8, 1960. Decided October 28, 1960. 1. Decrees of the probate court allowing the accounts of a trustee and entered in proceedings in which […]
PICKARD v. MORRIS, 91 N.H. 65 (1940)
13 A.2d 609 GREENLEAF W. PICKARD, JR., (by his father and next friend) v. FRANK E. MORRIS. GREENLEAF W. PICKARD, SR. v. SAME. No. 3174.Supreme Court of New Hampshire Rockingham. Decided May 27, 1940. Under P.L., c. 90, s. 3 (regulating the entrance of motor vehicles into the intersection of highways) a driver, who observes […]
ROBERTS v. LISBON, 84 N.H. 266 (1930)
149 A. 508 BESSIE E. ROBERTS, Adm’x, v. LISBON. Supreme Court of New Hampshire Grafton. Decided March 4, 1930. In a case where a highway was so narrow at one point that travelers meeting there were forced to drive in the ditch, a culvert may be found to be defective, within the meaning of P. […]
STATE v. RAMSEYER, 73 N.H. 31 (1904)
58 A. 958 STATE v. RAMSEYER. Supreme Court of New Hampshire Rockingham. Decided September 6, 1904. The statute designed to prohibit the use of trading-stamps by merchants (Laws 1899, c. 60) is not a valid exercise of the police power, and is void as unwarrantable interference with the constitutional right of acquiring and possessing property. […]
ZUK v. HALE, 114 N.H. 813 (1974)
330 A.2d 448 NICHOLAS ZUK v. CLIFFORD S. HALE, AND CLIFFORD S. HALE, TRUSTEE No. 6826Supreme Court of New Hampshire Rockingham Decided December 31, 1974 1. A master’s determinations will not be overturned unless they are unsupported by the evidence or are erroneous as a matter of law. 2. An “existing debt” under section 2 […]
JEWELL v. WOODMAN, 59 N.H. 520 (1880)
JEWELL v. WOODMAN. Supreme Court of New Hampshire Strafford. Decided June, 1880. Where a farm is leased under an agreement that the rent is to be paid by a share of the crops, and that the hay is to be spent on the farm, a mortgage by the tenant of his share of the hay […]
CONCORD v. BURLEIGH, 67 N.H. 106 (1891)
36 A. 606 CONCORD v. BURLEIGH. Supreme Court of New Hampshire Merrimack. Decided December, 1891. A custom or usage contrary to the express terms of a statute or city ordinance cannot be sustained. The reasonable expense incurred by a city in removing from the highway an obstruction that makes it impassable may be recovered of […]
STATE v. SEFTON, 125 N.H. 533 (1984)
485 A.2d 284 THE STATE OF NEW HAMPSHIRE v. SCOTT SEFTON No. 83-253Supreme Court of New Hampshire Rockingham Decided October 4, 1984 1. Estoppel — Collateral Estoppel — Criminal Cases The rule of collateral estoppel is mandated by the New Hampshire Constitution and by the fifth and fourteenth amendments to the Constitution of the United […]
OLSZAK v. PEERLESS INS CO., 119 N.H. 686 (1979)
406 A.2d 711 RONALD OLSZAK v. PEERLESS INSURANCE COMPANY No. 79-060Supreme Court of New Hampshire Grafton Decided August 20, 1979 1. Insurance — Liability for Damage or Injury — Wording of Policy Where front page of general liability endorsement provided the limits of liability for bodily injury and property damage liability and also contained other […]
EXETER REALTY Co. v. BUCK, 104 N.H. 199 (1962)
182 A.2d 469 EXETER REALTY CORPORATION v. PAULINE BUCK a. No. 5032.Supreme Court of New Hampshire Rockingham.Argued June 5, 1962. Decided June 29, 1962. 1. Where a landlord’s right to forfeiture of a lease is in controversy and no irreparable injury not compensable in damages will result if immediate possession of the leased premises is […]
ROWE v. HAMPTON, 75 N.H. 479 (1910)
76 A. 250 ROWE a. v. HAMPTON a. Supreme Court of New Hampshire Rockingham. Decided May 3, 1910. The sole remedy of one who seeks to avoid payment of a sewer tax on the ground of illegal assessment is to apply to the selectmen for an abatement, and in the event of their neglect or […]
LISBON v. LISBON VILLAGE DISTRICT, 104 N.H. 255 (1962)
183 A.2d 250 LISBON v. LISBON VILLAGE DISTRICT a. No. 5068.Supreme Court of New Hampshire Grafton.Argued June 26, 1962. Decided July 16, 1962. 1. The Supreme Court in the interest of justice and to permit the orderly operation of town government determined in declaratory judgment proceedings the issue raised by a nontaxpayer and nonresident of […]
STATE v. VACHON, 113 N.H. 239 (1973)
306 A.2d 781 STATE OF NEW HAMPSHIRE v. DENIS M. VACHON No. 6392Supreme Court of New Hampshire Hillsborough Decided May 31, 1973 1. Proof that the act charged resulted in an adjudication of a minor’s delinquency is no longer a prerequisite to proof of the crime of contributing to the delinquency of a minor (RSA […]
POLLARD v. NOYES, 60 N.H. 184 (1880)
POLLARD v. NOYES. Supreme Court of New Hampshire Rockingham. Decided December, 1880. The assignee in bankruptcy of a right in equity to redeem homestead premises from a mortgage, executed by the debtor and his wife, releasing homestead rights, holds the premises subject to the wife’s homestead rights as well as to the mortgage, and if […]
BELL v. PRIMEAU, 104 N.H. 227 (1962)
183 A.2d 729 FLOYD BELL a. v. ARLENE B. PRIMEAU, Adm’x. No. 5024.Supreme Court of New Hampshire Hillsborough.Argued June 5, 1962. Decided July 16, 1962. 1. In actions of tort for personal injuries damages are recoverable for loss of earning capacity measured by the amount of wages the injured person would have earned during the […]
ELLIOT HOSPITAL v. TURCOTTE, 79 N.H. 110 (1918)
105 A. 361 THE ELLIOT HOSPITAL v. AMEDEE TURCOTTE. Supreme Court of New Hampshire Hillsborough. Decided December 3, 1918. In assumpsit for services rendered, the mere fact that a benefit has been received by the defendant from the services does not establish the legal duty of payment. Where there is no express promise to pay, […]
STATE v. FLETCHER, 158 N.H. 207 (2009)
THE STATE OF NEW HAMPSHIRE v. DEAN FLETCHER. No. 2008-055.Supreme Court of New Hampshire. Rockingham.Argued: November 12, 2008. Opinion Issued: January 8, 2009. 1. Criminal Law — Judgment and Sentence —Generally Trial judges are vested with broad discretionary powers with regard to sentencing. They may provide for terms of imprisonment, probation, conditional or unconditional discharge, […]
BAKER v. BARRY, 77 N.H. 198 (1914)
90 A. 180 GEORGE E. BAKER a. v. WILLIAM H. BARRY a. Supreme Court of New Hampshire Hillsborough. Decided March 3, 1914. Persons who were duly appointed police officers of a city and have performed the duties of that office are legally entitled to compensation therefor; and their right to recover is not affected by […]
STATE v. RIVERA, 162 N.H. 182 (2011)
27 A.3d 676 THE STATE OF NEW HAMPSHIRE v. ANDRE RIVERA. No. 2010-130.Supreme Court of New Hampshire. Rockingham.Argued: April 7, 2011. Opinion Issued: June 28, 2011. 1. Criminal LAW — Participation in Crime — Accessories and Accomplices The New Hampshire Supreme Court has interpreted paragraphs III and IV of the accomplice statute to require that […]
REID v. McQUESTEN, 61 N.H. 421 (1881)
REID v. McQUESTEN. Supreme Court of New Hampshire Hillsborough. Decided December, 1881. Damages for the breach by a partner of his agreement to sell to his copartner an undivided part of certain property, and that the whole should thereupon be the property of the firm, cannot be allowed in the settlement of the partnership accounts. […]
TILTON v. DOUGHERTY, 126 N.H. 294 (1985)
493 A.2d 442 RUSSELL F. TILTON a. v. JOHN D. DOUGHERTY a. No. 83-336Supreme Court of New Hampshire Merrimack Decided March 27, 1985 1. Appeal and Error — Dismissal of Complaint — Standards for Review On an appeal from the granting of a motion to dismiss, all facts well pleaded are taken as true, and […]
STATE v. FOWLER, 110 N.H. 110 (1970)
261 A.2d 429 STATE v. JESSE S. FOWLER STATE v. REESE A. FOWLER No. 5932Supreme Court of New Hampshire Rockingham Decided January 30, 1970 1. Comment either by a prosecutor or the court which may be construed as an unfavorable reference to the failure of a defendant to testify is contrary to RSA 516:32 and […]
WILLIAMS v. PARK, 72 N.H. 305 (1903)
56 A. 463 WILLIAMS a. v. PARK a. Supreme Court of New Hampshire Grafton. Decided November 3, 1903. A plant designed for generating and distributing electric light and power is not a “manufacturing establishment,” within the meaning of section 11, chapter 55, Public Statutes. Where the vote of a town exempting from taxation an electric […]
MARTIN v. WIGGIN, 67 N.H. 196 (1892)
29 A. 450 GEORGIANNA MARTIN v. WIGGIN a. SAMUEL MARTIN v. SAME. Supreme Court of New Hampshire Rockingham. Decided June, 1892. When property is attached, leave to make service of the writ by publication or otherwise, after entry of the action, is not authorized by statute unless the defendant was absent from the state when […]
IN RE SEIFERT ESTATE, 109 N.H. 62 (1968)
242 A.2d 64 IN RE FLORENCE B. SEIFERT ESTATE. No. 5703.Supreme Court of New Hampshire Belknap Probate Court.Argued December 5, 1967. Decided May 29, 1968. 1. Conversion is a constructive alteration in the nature of property by which real estate is regarded in equity as personalty and personalty as realty. 2. In the construction of […]
PACKER v. BURDITT, 104 N.H. 248 (1962)
182 A.2d 895 FOREST H. PACKER v. KATHERINE M. BURDITT. No. 5044.Supreme Court of New Hampshire Exeter Municipal Court.Argued June 5, 1962. Decided July 16, 1962. 1. In an action to recover a deposit paid the defendant pursuant to a real estate purchase and sale agreement for failure of the grantor to deliver the deed […]
SIBSON v. STATE, 111 N.H. 305 (1971)
282 A.2d 664 HOWARD W. SIBSON a v. STATE. No. 6144.Supreme Court of New Hampshire Rockingham. Decided October 5, 1971. 1. The doctrine of judicial immunity applies to those quasi-judicial actions of the New Hampshire Port Authority and of its members that purport to be a part of the authority’s adjudicating process, but does not […]
VELISHKA v. LAURENDEAU, 100 N.H. 46 (1955)
118 A.2d 600 LEONARD G. VELISHKA v. FLORETTE LAURENDEAU. No. 4441.Supreme Court of New Hampshire Hillsborough.Argued November 2, 1955. Decided December 6, 1955. A lessee required by the lease to pay rent on the first day of each month in advance during the term of the lease becomes obligated thereto when that day arrives, and […]
HOOD SONS v. BOUCHER, 98 N.H. 399 (1953)
101 A.2d 466 H. P. HOOD SONS, INC. v. PIERRE A. BOUCHER a. No. 4246.Supreme Court of New Hampshire Merrimack.Argued November 4, 1953. Decided December 21, 1953. The fact that the particular period for which a license to sell milk was sought had expired did not render moot the question of whether mandamus should issue […]
APPEAL OF TENNIS, 149 N.H. 91 (2003)
816 A.2d 973 APPEAL OF KERRY TENNIS (NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY) No. 2002-003Supreme Court of New Hampshire Department Of Employment SecurityArgued November 6, 2002 Opinion Issued January 27, 2003 1. Unemployment Compensation — Generally — Construction ofStatutory Provisions Under the statutory definition, an employee’s severance pay clearly constitutes “wages” for earnings requirement purposes. […]
STATE v. TOWLE, 62 N.H. 373 (1882)
STATE v. TOWLE. Supreme Court of New Hampshire Carroll. Decided December, 1882. In an indictment upon a statute prohibiting the commission of “any act whereby any tree . . . shall be injured,” an averment that the defendant did “girdle” a growing tree does not allege an injury with sufficient certainty. Page 374 INDICTMENT, charging […]
KITCHENER v. McDUFFIE, 78 N.H. 611 (1917)
102 A. 534 ARTHUR H. KITCHENER v. LESTER E. McDUFFIE. Supreme Court of New Hampshire Hillsborough. Decided November 6, 1917. CASE, for alienation of the affections of the plaintiff’s wife. Trial by jury and verdict for the plaintiff. Transferred by Branch, J., from the January term, 1917, of the superior court, upon exceptions to the […]
STATE v. SPADE, 161 N.H. 248 (2010)
13 A.3d 855 THE STATE OF NEW HAMPSHIRE v. TIMOTHY SPADE. No. 2009-624.Supreme Court of New Hampshire. Hillsborough-northern judicial districtArgued: June 15, 2010. Opinion Issued: November 30, 2010. 1. Assault and Battery — Criminal Assault — Statutes The Assaults by Prisoners statute prohibits an inmate from causing or attempting to cause a corrections department or […]
CHESHIRE OIL CO. v. SPRINGFIELD REALTY CORP., 118 N.H. 232 (1978)
385 A.2d 835 CHESHIRE OIL COMPANY, INC. v. SPRINGFIELD REALTY CORPORATION AND BERNARD S. YOUNG No. 7928Supreme Court of New Hampshire Cheshire Decided April 7, 1978 1. Contracts — Performance — Business Necessity or Compulsion In New Hampshire, payment of money or making of contract might be under such circumstances of business necessity or compulsion […]
IN RE TAPPLY ZUKATIS, 162 N.H. 285 (2011)
IN THE MATTER OF ERICA TAPPLY AND BENJAMIN ZUKATIS. No. 2010-263.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: April 7, 2010. Opinion Issued: August 11, 2011. 1. Judges — Disqualification — Bias It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. The New […]
STATE v. PAIGE, 136 N.H. 208 (1992)
612 A.2d 1331 THE STATE OF NEW HAMPSHIRE v. ROBERT J. PAIGE, JR. No. 91-393Supreme Court of New Hampshire Cheshire Decided September 10, 1992 1. Searches and Seizures — Standing To Challenge Search — Generally Standing confers upon an individual the right to challenge unreasonable government conduct. 2. Searches and Seizures — Standing To Challenge […]
DARBOUZE v. CHAMPNEY, 160 N.H. 695 (2010)
JEANMAX DARBOUZE v. NANCY CHAMPNEY. No. 2009-780.Supreme Court of New Hampshire. Hooksett District Court.Submitted: May 18, 2010. Opinion Issued: September 17, 2010. 1. Landlord and Tenant — Evictions and ForcibleEntry and Detainer Actions — Notice To Quit The plain language of the eviction notice statute sets forth three requirements that a landlord must include in […]
EASTMAN v. JUDKINS, 59 N.H. 576 (1880)
EASTMAN v. JUDKINS. Supreme Court of New Hampshire Merrimack. Decided June, 1880. A sheriff is not liable for the loss of property attached by his deputy, unless the loss is occasioned by the deputy’s want of ordinary care. A creditor, at whose suit property is attached, assenting, with a full knowledge of the circumstances, to […]
OPINION OF THE JUSTICES, 113 N.H. 149 (1973)
304 A.2d 86 OPINION OF THE JUSTICES No. 6643Supreme Court of New Hampshire Request of House of Representatives Decided April 24, 1973 1. A proposed enactment under the authority of part II, article 5 of the State constitution which would provide for the nonpartisan election of delegates to a constitutional convention would not violate, my […]
NORMAND v. NORMAND, 90 N.H. 548 (1940)
11 A.2d 816, 21 A.2d 649 MARIA NORMAND Adm’x, a. v. LEONCE NORMAND a. No. 3142.Supreme Court of New Hampshire Hillsborough. Decided March 5, 1940. The general rule that the death of a partner dissolves the firm and vests the partnership property in the surviving partner for the purpose of settling the firm’s affairs is […]
LOCKE v. RAILROAD, 60 N.H. 552 (1881)
LOCKE Co. v. CONCORD RAILROAD CORPORATION. Supreme Court of New Hampshire Merrimack. Decided June, 1881. The published tariffs of s. 4, c. 2450, Laws 1861, are the tariffs posted in the depots of a railroad, as required by Laws 1852, c. 1277, s. 1. ASSUMPSIT, to recover for money overpaid the defendants for freight on […]
FRANKLIN v. HINDS, 101 N.H. 344 (1958)
143 A.2d 111 FRANKLIN v. ROBERT C. HINDS a. No. 4673.Supreme Court of New Hampshire Merrimack.Argued June 4, 1958. Decided June 20, 1958. 1. Where an ordinance vested in the mayor and councilmen the administration of all fiscal, prudential, and school district affairs and vested in the board of education only the general management and […]
DION v. CHESHIRE MILLS, 92 N.H. 414 (1943)
32 A.2d 605, 37 A.2d 708 PAUL L. DION v. CHESHIRE MILLS. No. 3410.Supreme Court of New Hampshire Cheshire. Decided May 4, 1943. In case by a workman against his master for personal injuries with plea in bar that plaintiff had elected to receive compensation under the workmen’s compensation act the plaintiff by replication alleged […]
ROBERTS v. FERNALD, 72 N.H. 198 (1903)
55 A. 942 ROBERTS, Trustee, v. FERNALD, Adm’r. Supreme Court of New Hampshire Strafford. Decided June 30, 1903. In an action brought in a state court by a trustee in bankruptcy for the recovery of the debtor’s property, evidence other than the records of the federal court is inadmissible to prove that the claims of […]
BEAN v. BEAN, 74 N.H. 404 (1907)
68 A. 409 BEAN a., Apt’s, v. BEAN a. BOND, Ap’t, v. SAME. Supreme Court of New Hampshire Hillsborough. Decided December 3, 1907. A legatee who contests the executor’s claim of ownership of part of the testator’s property may be awarded reasonable compensation for counsel fees and expenses, to be paid out of the funds […]
RIVARD v. ROSS, 99 N.H. 299 (1954)
109 A.2d 857 WILLIAM J. RIVARD v. FRED D. ROSS a. No. 4340.Supreme Court of New Hampshire Hillsborough.Argued October 6, 1954. Decided December 15, 1954. The depositing by a tax collector of a letter enclosing a tax bill and of a later registered notice of the tax sale in a post office in the name […]
OSMAN v. COMPANY, 78 N.H. 597 (1916)
99 A. 287 HASSAN OSMAN v. W. H. McELWAIN COMPANY. Supreme Court of New Hampshire Hillsborough. Decided November 8, 1916. CASE, for negligence. Trial by jury and verdict for the defendants. The defendants were subject to, and had not accepted the provisions of, the employers’ liability act. The plaintiff was injured while in the employ […]
IN RE EVA S., 121 N.H. 847 (1981)
435 A.2d 838 In re EVA S. No. 81-004Supreme Court of New Hampshire Keene District Court Decided October 1, 1981 1. Paupers — Duty To Provide Relief Whenever a person in any town is poor or unable to support himself, the town authorities must relieve and maintain him whether he has a settlement in that […]
GLEN CONDO. AT LINDERHOF ASSOC. v. ROSATTO, 140 N.H. 657 (1996)
673 A.2d 776 GLEN CONDOMINIUM AT LINDERHOF ASSOCIATION a. v. JAMES ROSATTO a. No. 94-594Supreme Court of New Hampshire Carroll Decided February 12, 1996 1. Judgments — Relief from Judgment — Particular Cases There could have been no doubt in defendant’s mind that order applied to him because, even though order used incorrect given name […]
IN RE ESTATE OF HEBERT, 130 N.H. 548 (1988)
543 A.2d 422 In re ESTATE OF OSCAR A. HEBERT No. 87-223Supreme Court of New Hampshire Cheshire County Probate Court Decided June 8, 1988 1. Taxation — Inheritance Tax — Generally Succession taxes are not estate taxes per se, since they do not relate to the value of a decedent’s estate, but rather are meant […]
OB/GYN v. N.H. INS. GUARANTY, 154 N.H. 553 (2006)
OB/GYN ASSOCIATES OF SOUTHERN NEW HAMPSHIRE v. NEW HAMPSHIRE INSURANCE GUARANTY ASSOCIATION. No. 2006-024.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: June 8, 2006. Opinion Issued: December 19, 2006. 1. Judgments — Declaratory Judgments — Statutory Provisions Statute pertaining to declaratory relief pertains only to petitions for declaratory judgment, not to legal arguments about insurance […]
STATE v. RAILROAD, 62 N.H. 29 (1882)
STATE (ex rel. Chandler) v. MANCHESTER LAWRENCE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided June, 1882. Under a statute of this state (G. L., c. 158, ss. 11, 12), which prohibits the operation of a railroad by a rival and competing road, and provides that any citizen may apply for an injunction to prevent […]
BERKE COMPANY v. BRIDGE COMPANY, 98 N.H. 261 (1953)
98 A.2d 150 BERKE MOORE COMPANY, INC. v. PHOENIX BRIDGE COMPANY. No. 4206.Supreme Court of New Hampshire Merrimack. Decided July 1, 1953. In an action by subcontractor to recover for labor and material furnished contractor in construction of a highway bridge, the meaning of the words “concrete surface included in the bridge deck” as used […]
U.S. FIDELITY GUARANTY CO., INC. v. JOHNSON SHOES, 123 N.H. 148 (1983)
461 A.2d 85 UNITED STATES FIDELITY GUARANTY CO., INC. v. JOHNSON SHOES, INC. No. 82-119Supreme Court of New Hampshire Hillsborough Decided March 24, 1983 1. Insurance — Duty To Defend — Determination An insurer’s obligation to defend its insured is determined by whether the cause of action against the insured alleges sufficient facts in the […]
KING v. MOSHER, 137 N.H. 453 (1993)
629 A.2d 788 THERESA G. AND JOHN J. KING, EXECUTORS OF THE ESTATE OF ERNEST J. GOVE, SR. v. EDNA G. MOSHER No. 92-150Supreme Court of New Hampshire Rockingham Decided July 23, 1993 1. Dismissal — Involuntary Dismissal — Generally Although court may, in some instances, dismiss an action sua sponte, fundamental requirements of due […]
STATE v. GILES, 126 N.H. 170 (1985)
489 A.2d 129 THE STATE OF NEW HAMPSHIRE v. ALLEN GILES No. 84-176Supreme Court of New Hampshire Merrimack Decided February 22, 1985 Motor Vehicles — License To Operate — Suspension Revocation of driving privileges continues in effect until the revokee regains his license. RSA 259:90. Stephen E. Merrill, attorney general (Robert B. Muh, attorney, on […]
HODGDON v. GALLAGHER, 114 N.H. 581 (1974)
325 A.2d 792 KATHERINE HODGDON v. WILLIAM E. GALLAGHER No. 6512aSupreme Court of New Hampshire Grafton Decided September 30, 1974 1. The record warranted a finding that the defendant was causally negligent in not seeing the plaintiff walking across the roadway within a crosswalk until practically the instant he struck her. 2. The evidence supported […]
IN RE CYNTHIA RIX AND RAJESH JATHAR, 161 N.H. 544 (2011)
20 A.3d 326 IN THE MATTER OF CYNTHIA RIX AND RAJESH JATHAR. No. 2010-074.Supreme Court of New Hampshire. Portsmouth Family Division.Argued: January 13, 2011. Opinion Issued: February 25, 2011. 1. Appeal and Error — Standards of Review — Generally When the trial court did not expressly articulate the standard it employed in making its rulings, […]
HEBERT v. HEBERT, 120 N.H. 369 (1980)
415 A.2d 679 CLAIRE HEBERT, ADMINISTRATRIX OF THE ESTATE OF MICHAEL HEBERT a. v. DANIEL HEBERT, d/b/a COLEBROOK COUNTRY CLUB a. No. 79-335Supreme Court of New Hampshire Coos Decided May 12, 1980 1. Death — Wrongful Death — Statutes Wrongful death action, being a creature of statute without common law origins, survives only to extent […]
PARSONS v. HILLIARD, 61 N.H. 642 (1881)
PARSONS v. HILLIARD a. Supreme Court of New Hampshire Coos. Decided December, 1881. CARPENTER, J. In an action referred by agreement there is no right of review. Bennett v. Atwood, 57 N.H. 216; Carroll v. Locke, 58 N.H. 163; Rand v. Merchants’ Despatch Co., 60 N.H. 276. DOE, C. J., did not sit: the others […]
PARKER v. MUDGETT, 76 N.H. 494 (1912)
84 A. 939 PARKER v. MUDGETT. Supreme Court of New Hampshire Hillsborough. Decided October 1, 1912. In an action for negligence against an employer, certain evidence deemed sufficient to warrant the finding that the plaintiff’s injuries resulted from the negligence of a fellow-servant whose incompetency was, or ought to have been, known to the defendant. […]