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 […]
Category: New Hampshire Court Opinions
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, […]
VOELBEL v. TOWN OF BRIDGEWATER, 141 N.H. 724 (1997)
692 A.2d 512 JOHN VOELBEL v. TOWN OF BRIDGEWATER No. 95-573Supreme Court of New Hampshire Grafton Decided April 11, 1997 1. Municipal Law — Public Officials/Employees A town’s police chief lost his right to dispute the validity or effectiveness of the selectmen’s vote to dismiss him because he petitioned the superior court for a hearing […]
MORRISON v. RAILROAD, 86 N.H. 176 (1933)
164 A. 553 CLEOTA H. MORRISON, Adm’x v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Coos. Decided February 7, 1933. Where a view of trains approaching a grade crossing was obstructed to travelers on the highway, evidence that the speed of a train was 40 to 45 miles per hour and greater than that […]
FLEMING v. AIKEN, 117 N.H. 1053 (1977)
381 A.2d 330 HELENA C. FLEMING a. v. CHARLES LOWE AIKEN, SR. No. 7830Supreme Court of New Hampshire Sullivan Decided December 30, 1977 1. Guardian and Ward — Fiduciary Duty Trial court properly ruled that defendant, as guardian, could not acquire interest of his wards in real estate at tax sale. 2. Trusts — Constructive […]
STATE v. INGALLS, 105 N.H. 244 (1964)
197 A.2d 214 STATE v. A. D. INGALLS, INC. a. No. 5173.Supreme Court of New Hampshire Grafton.Argued December 3, 1963. Decided January 31, 1964. 1. The Commissioner of Public Works and Highways has under the statutory authority (RSA 229:1, 6) conferred on him over the construction of state highways the power to enter into an […]
DIONNE v. SALVAIL, 109 N.H. 150 (1968)
244 A.2d 821 EDMOND A. DIONNE v. WALTER A. SALVAIL a. No. 5835.Supreme Court of New Hampshire Hillsborough.Argued August 15, 1968. Decided August 15, 1968. 1. The Ballot Law Commission is vested with exclusive jurisdiction (RSA 68:3) to pass upon objections to nominations at a primary election which are filed with the Secretary of State […]
NEW ENGLAND BOX CO. v. FLINT, 77 N.H. 277 (1914)
90 A. 789 NEW ENGLAND BOX CO. v. SAMUEL P. FLINT. Supreme Court of New Hampshire Sullivan. Decided May 5, 1914. Where the owner of a lumber lot, having paid for cutting and sawing by installments during the progress of the work, seeks to recover overpayments by virtue of the contractor’s written agreement to guarantee […]
BEL AIR v. N.H. DEP’T, 154 N.H. 228 (2006)
BEL AIR ASSOCIATES v. NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES. No. 2005-522.Supreme Court of New Hampshire Merrimack.Argued: March 17, 2006. Opinion Issued: September 28, 2006. 1. Administrative Law — Orders and Regulations — Particular Cases Allegations by nursing homes regarding amendments by the Department of Health and Human Services to the State medicaid […]
PETITION OF DEPENDENTS OF DORAN, 123 N.H. 429 (1983)
462 A.2d 114 PETITION OF THE DEPENDENTS OF THOMAS DORAN No. 82-122Supreme Court of New Hampshire Original Decided June 17, 1983 1. Certiorari — Scope of Review — Action of State Agency The supreme court’s standard of review on petitions for certiorari is more limited than on direct appeal, and the test to determine whether […]
McDERMOTT v. HAYES, 60 N.H. 9 (1880)
McDERMOTT v. HAYES, Adm’r. Supreme Court of New Hampshire Hillsborough. Decided June, 1880. After verdict for an administrator, in a suit against him for a distributive share which he paid the plaintiff before distribution was decreed, the decree may be so modified by the probate court as to show the previous payment of the plaintiff’s […]
APPEAL OF STATE OF N.H., 147 N.H. 426 (2002)
790 A.2d 131 APPEAL OF THE STATE OF NEW HAMPSHIRE (New Hampshire Transportation Appeals Board) No. 2000-344Supreme Court of New Hampshire Transportation Appeals Board Decided February 8, 2002 1. Contracts — Construction — Giving Effect to Every Part Transportation appeals board finding of ambiguity in contract provisions regarding compensation for the disposal of surplus excavation […]
BROMFIELD v. SEYBOLT MOTORS, 109 N.H. 501 (1969)
256 A.2d 151 VIRGINIA M. BROMFIELD v. SEYBOLT MOTORS, INC. No. 5879.Supreme Court of New Hampshire Rockingham.Argued February 5, 1969. Decided July 30, 1969. 1. The statute (RSA 507:8-a) creating a new cause of action for the wife for loss of consortium resulting from negligent or intentional injury to the husband does not apply retroactively […]
DANA A. WEIN SONS v. KELLER, 118 N.H. 545 (1978)
391 A.2d 878 DANA A. WEIN SONS v. PHILIP KELLER a. No. 78-003Supreme Court of New Hampshire Belknap Decided September 18, 1978 1. Damages — Amount and Ascertainment — Generally On the issue of damages, when faced with conflicting testimony, the trial court must determine what the proper amount should be. 2. Evidence — Best […]
TWAROG v. COMPANY, 80 N.H. 89 (1921)
113 A. 224 WODJIECK TWAROG v. AMOSKEAG MANUFACTURING COMPANY. Supreme Court of New Hampshire Hillsborough. Decided March 1, 1921. A bill of exceptions to the admission or exclusion of evidence will not be considered by the supreme court unless the evidence is made a part of the bill. A verdict is not set aside for […]
CHARTIER v. MARSHALL, 56 N.H. 478 (1876)
CHARTIER v. MARSHALL. Supreme Court of New Hampshire HILLSBOROUGH COUNTY. Decided March 21, 1876. Contract to convey land — Rule of damages — When specific performance impossible. A contracted in writing to convey to B certain real estate, upon the performance by B of certain conditions. B was prevented by the conduct of A from […]
BEAUDRY v. FAVREAU, 99 N.H. 444 (1955)
114 A.2d 666 ERNEST BEAUDRY a. v. ALDERIC FAVREAU a. No. 4405.Supreme Court of New Hampshire Grafton.Argued May 3, 1955. Decided June 7, 1955. In proceedings seeking the rescission of a contract for the purchase and sale of certain real and personal property a finding as to the fair market value of the property as […]
BOIS v. MANCHESTER, 104 N.H. 5 (1962)
177 A.2d 612 MAURICE BOIS a. v. MANCHESTER a. No. 4950.Supreme Court of New Hampshire Hillsborough.Argued November 7, 1961. Decided January 29, 1962. 1. Mandamus is an extraordinary remedy to be granted only when the plaintiff has a clear and apparent right to the relief sought and where there is no other adequate remedy available. […]
BOLDUC v. HERBERT SCHNEIDER CORP., 117 N.H. 566 (1977)
374 A.2d 1187 DONALD J. BOLDUC, ADMINISTRATOR OF THE ESTATE OF DONALD A. BOLDUC v. HERBERT SCHNEIDER CORPORATION No. 7707Supreme Court of New Hampshire Carroll Decided June 27, 1977 1. Statutes — Construction and Application — Maxims Statutory construction maxim to effect that expression of one thing implies exclusion of another operates with less force […]
RAILROAD v. LANGDON, 68 N.H. 467 (1896)
44 A. 603 BOSTON MAINE RAILROAD v. LANGDON a. Supreme Court of New Hampshire Rockingham. Decided June, 1896. In proceedings for the partition of real estate, a sale regularly made by a commissioner duly appointed will not be set aside, in the absence of fraud, accident, or mistake affecting the transaction. It is not sufficient […]
STATE v. ROBERTS, 131 N.H. 512 (1989)
556 A.2d 302 THE STATE OF NEW HAMPSHIRE v. ALAN O. ROBERTS No. 87-060Supreme Court of New Hampshire Coos Decided April 7, 1989 1. Appeal and Error — Preservation of Questions — Failure To Present Below Objections not raised before the trial court are deemed waived. 2. Constitutional Law — Right to Counsel — Interrogations […]
IACOMINI v. LIBERTY MUTUAL INS. CO., 127 N.H. 73 (1985)
497 A.2d 854 RICHARD IACOMINI, d/b/a MOTOR CRAFT OF RAYMOND v. LIBERTY MUTUAL INSURANCE COMPANY No. 84-363Supreme Court of New Hampshire Auburn District Court Decided August 7, 1985 1. Liens — Generally The law generally recognizes three types of liens: statutory, common law and equitable. 2. Liens — Generally — Statutory Liens In the case […]
STATE v. BURLEY, 137 N.H. 286 (1993)
627 A.2d 98 THE STATE OF NEW HAMPSHIRE v. ARTHUR J. BURLEY No. 91-422Supreme Court of New Hampshire Hillsborough Decided June 18, 1993 1. Appeal and Error — Preservation of Questions — Failure to Make Specific Objections Supreme court did not consider purported deficiency in second degree murder trial indictment, concerning allegation of recklessness, since […]
ATTORNEY-GENERAL v. LITTLEFIELD, 78 N.H. 185 (1916)
98 A. 38 ATTORNEY-GENERAL (ex rel. LEE v. KNAPP a.) v. JAMES A. LITTLEFIELD a. Supreme Court of New Hampshire Merrimack. Decided June 6, 1916. A vote of a town meeting against the establishment of a village district, upon the report of a layout by the selectmen, is not a bar to a subsequent proceeding […]
STATE v. BALLENTINE, 116 N.H. 120 (1976)
352 A.2d 403 STATE OF NEW HAMPSHIRE v. ROBERT E. BALLENTINE No. 7306Supreme Court of New Hampshire Hillsborough Decided February 27, 1976 1. The part of the codefendant’s out-of-court statement implicating the defendant in other crimes was not properly admitted as a prior consistent statement since no evidence of such participation had then been received. […]
IN RE GAMBLE, 118 N.H. 771 (1978)
394 A.2d 308 IN THE MATTER OF ALBERT GAMBLE IN THE MATTER OF WAYNE CUMMINGS No. 78-082 No. 78-144Supreme Court of New Hampshire Probate Court, Merrimack County Probate Court, Belknap County Decided November 15, 1978 1. Guardian and Ward — Appointment of Guardian — State’s Obligation When guardianship petitions are filed, State, rather than county […]
TILTON v. TILTON, 70 N.H. 325 (1900)
47 A. 256 TILTON a., Ap’ts, v. TILTON, Ex’x. Supreme Court of New Hampshire Hillsborough. Decided June, 1900. Where a will gives to a wife the income of an estate and so much of the principal thereof as may be necessary for her support, with power to sell, convey, invest, and reinvest the same at […]
BOSTON OUTFITTING CO. v. COMPANY, 73 N.H. 506 (1906)
63 A. 229 BOSTON OUTFITTING CO. v. PEOPLE PATRIOT CO. Supreme Court of New Hampshire Merrimack. Decided February 6, 1906. In an action against a publisher for breach of an advertising contract, the defendant’s rate-card is not admissible to prove the market value of the required service if the conditions to which its schedules apply […]
O. K. FAIRBANKS CO. v. STATE, 108 N.H. 248 (1967)
234 A.2d 108 O. K. FAIRBANKS COMPANY v. STATE. No. 5419.Supreme Court of New Hampshire Cheshire.Argued April 5, 1967. Decided October 6, 1967. 1. In eminent domain proceedings, the landowner is entitled to have his property appraised for the most advantageous and profitable use to which the property could be placed on the day it […]
THERRIEN v. COMPANY, 99 N.H. 197 (1954)
108 A.2d 48 NORMA THERRIEN v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. SAME v. NEW ENGLAND TELEPHONE TELEGRAPH CO. No. 4323.Supreme Court of New Hampshire Hillsborough.Argued September 7, 1954. Decided September 30, 1954. A bill of discovery for the production in advance of trial of a pending law action by a company of certain statements […]
WILSON v. PERSONNEL COMM’N, 117 N.H. 783 (1977)
378 A.2d 1375 DET. LT. RALPH A. WILSON a. v. THE PERSONNEL COMMISSION OF THE STATE OF NEW HAMPSHIRE No. 7760Supreme Court of New Hampshire Original Decided October 17, 1977 1. Certiorari — Scope of Review — Issues or Findings of Fact Where no appeal from adverse decision of personnel commission in regard to evaluation […]
BARRON v. MARSH, 63 N.H. 107 (1884)
BARRON v. MARSH. Supreme Court of New Hampshire Merrimack. Decided June, 1884. An action for use and occupation can only be maintained upon a promise express or implied to pay for the occupation. ASSUMPSIT, for the use and occupation of a bowling-alley, part of the Fabyan House premises, in 1879, 1880, and 1881. The plaintiff, […]
BLACK v. FIANDACA, 98 N.H. 33 (1953)
93 A.2d 663 MURIEL B. BLACK v. ROSARIO J. FIANDACA a. No. 4165.Supreme Court of New Hampshire Rockingham. Decided January 6, 1953. The rights of a tenant’s guest with respect to injuries resulting from defects in the landlord’s premises are governed by the same rules, and subject to the same limitations, as the rights of […]
FISHER v. KOPER, 127 N.H. 330 (1985)
499 A.2d 1001 PETER M. FISHER a. v. GEORGE S. KOPER, ROBERT K. REESE a. No. 84-318Supreme Court of New Hampshire Hillsborough Decided October 24, 1985 1. Contracts — Construction — Extrinsic Evidence Where the trial court has to consider extrinsic evidence in order to deduce the intentions of the parties, trial court’s construction of […]
GAMSBY v. COLUMBIA, 58 N.H. 60 (1876)
GAMSBY v. COLUMBIA. Supreme Court of New Hampshire Coos. Decided December, 1876. The mere fact of a jury being informed by the attending officer, as ordered by the court, that (for supposed inability to agree) they were all discharged from the further consideration of the case, and two of them (on account of sickness) from […]
MOONEY v. CITY OF LACONIA, 133 N.H. 30 (1990)
573 A.2d 447 MARK A. MOONEY v. CITY OF LACONIA No. 89-125Supreme Court of New Hampshire Belknap Decided April 11, 1990 1. Municipal Corporations — Powers — Generally Superior court properly granted plaintiff’s motion for summary judgment in action challenging City’s authority to impose “growth impact fee” upon certain new residential construction within the City, […]
STATE v. BREEST, 115 N.H. 504 (1975)
345 A.2d 391 STATE OF NEW HAMPSHIRE v. ROBERT BREEST No. 6906Supreme Court of New Hampshire Merrimack Decided September 30, 1975 1. The right to confrontation was not denied to the defendant when a witness for the State claimed the privilege against self-incrimination before the jury, was granted immunity in the absence of the jury, […]
GOLF COURSE INVESTORS OF NH v. TOWN OF JAFFREY, 161 N.H. 675 (2011)
20 A.3d 846 GOLF COURSE INVESTORS OF NH, LLC v. TOWN OF JAFFREY a. No. 2010-167.Supreme Court of New Hampshire. Cheshire.Argued: November 10, 2010. Opinion Issued: April 12, 2011. 1. Zoning and Planning — Administration andEnforcement — Procedure To have standing to appeal to the zoning board of adjustment, residents must have been “aggrieved” by […]
VALLIERE v. FILFALT, 110 N.H. 331 (1970)
266 A.2d 843 ANABEL E. VALLIERE AND ELAINE GRAY v. WOITTO A. FILFALT. No. 5977.Supreme Court of New Hampshire Belknap. Decided June 30, 1970. 1. Where there was no dispute that a pre-existing condition in the plaintiff’s wrist existed, the trial court’s charge that the plaintiff could recover to the extent that the accident aggravated […]
SINCLAIR v. SINCLAIR, 99 N.H. 316 (1954)
109 A.2d 851 QUINCY V. SINCLAIR v. EDITH M. SINCLAIR, Adm’x. No. 4358.Supreme Court of New Hampshire Merrimack.Submitted December 7, 1954. Decided December 15, 1954. Upon waiver by a widow of the provisions of her deceased husband’s will in her favor, her distributive statutory share in his real estate located in this state is to […]
GRISWOLD v. HEAT CORPORATION, 108 N.H. 119 (1967)
229 A.2d 183 ERNEST H. GRISWOLD v. HEAT INCORPORATED a. No. 5539.Supreme Court of New Hampshire Hillsborough.Argued January 4, 1967. Decided April 28, 1967. 1. In an action to recover for breach of an employment contract the Trial Court was warranted in finding that the corporate records of the defendant corporation established a written contract […]
STATE v. BURKE, 153 N.H. 361 (2006)
THE STATE OF NEW HAMPSHIRE v. CATHY BURKE. No. 2004-787.Supreme Court of New Hampshire Exeter District Court.Submitted: February 22, 2006. Opinion Issued: April 12, 2006. 1. Appeal and Error — Briefs The inadequacy of a party’s argument may be recognized on appeal even when the issue is not raised by the opposing party. SUP. CT. […]
AHEARN v. ROUX, 96 N.H. 71 (1949)
69 A.2d 701 CATHERINE B. AHEARN v. ALBERT ROUX. No. 3876.Supreme Court of New Hampshire Hillsborough. Decided December 6, 1949. In the absence of an agreement or implied understanding between a landlord and his tenants that they are to remove snow and ice from steps at a common entrance retained under his control the duty […]
STATE v. SILVESTRI, 136 N.H. 522 (1992)
618 A.2d 821 THE STATE OF NEW HAMPSHIRE v. DAVID SILVESTRI No. 91-361Supreme Court of New Hampshire Hillsborough Decided December 29, 1992 1. Constitutional Law — New Hampshire Constitution — Construction Since supreme court found search illegal under State Constitution, court was not required to reach defendant’s fourth amendment argument in appeal from conviction for […]
ROBBINS v. LAKE OSSIPEE VILLAGE, INC., 118 N.H. 534 (1978)
389 A.2d 940 HENRY J. ROBBINS v. LAKE OSSIPEE VILLAGE, INC. No. 78-069Supreme Court of New Hampshire Rockingham Decided July 18, 1978 1. Deeds and Conveyances — Construction — Intent of Parties The interpretation of deeds is ultimately for the supreme court, based on the parties’ intentions as properly found by the trial court. 2. […]
INDIAN HEAD NATIONAL BANK v. COREY, 129 N.H. 83 (1986)
523 A.2d 70 INDIAN HEAD NATIONAL BANK v. GEORGE D. COREY a. No. 86-166Supreme Court of New Hampshire Hillsborough Decided December 31, 1986 1. Costs — Attorney Fees — Grounds for Awarding Longstanding rule authorizing a court to award reasonable attorney’s fees to a litigant who is required to bring action to enforce a judicial […]
HILL v. COMPANY, 81 N.H. 190 (1923)
123 A. 120 ABO HILL v. PARKER-YOUNG COMPANY. Supreme Court of New Hampshire Grafton. Decided December 4, 1923. A master owes his servant the duty to provide proper and sufficient instrumentalities for the performance of the required work and to promulgate and maintain such rules and regulations as are reasonably necessary to safely perform the […]
PARAGON HOMES INC. v. GAGNON, 110 N.H. 279 (1970)
266 A.2d 207 PARAGON HOMES, INC. v. WILLIAM J. GAGNON and MARTHA M. GAGNON No. 6013Supreme Court of New Hampshire Cheshire Decided June 2, 1970 1. In determining whether the judgment of a court of a sister state must be given full faith and credit, the courts of this state may inquire whether the court […]
HAMPTON v. PALMER, 102 N.H. 127 (1959)
153 A.2d 796 HAMPTON v. RICHARD PALMER a. No. 4717.Supreme Court of New Hampshire Rockingham.Argued May 5, 1959. Decided June 30, 1959. 1. The record warranted the finding by the Trial Court that title to certain land in Hampton was vested originally in the town. 2. In a bill in equity by the town of […]
WILSON v. BARNSTEAD, 74 N.H. 78 (1906)
65 A. 298 WILSON v. BARNSTEAD. Supreme Court of New Hampshire Belknap. Decided December 4, 1906. The term “bridge” includes not only that part which spans a stream, road, or other depression, but also the abutments and such other portions of the structure as are required to render it complete according to the plan upon […]
ROGERS v. CARDINAL REALTY, INC., 115 N.H. 285 (1975)
339 A.2d 23 RONALD J. ROGERS a. v. CARDINAL REALTY, INC., a. No. 7107Supreme Court of New Hampshire Nashua District Court Decided May 30, 1975 1. Time is of the essence in a contract for the sale of real estate only when the parties have manifested such an intent. 2. The intent of parties to […]
DEVINE v. COTE, 109 N.H. 235 (1968)
248 A.2d 77 MAURICE F. DEVINE, Tr. v. ALPHEAGE A. COTE a. No. 5797.Supreme Court of New Hampshire Hillsborough.Argued October 2, 1968. Decided November 26, 1968. 1. In a petition for instructions as to the trustee’s duties in disposing of a testamentary trust fund for the support of the testatrix’ mentally incompetent son where a […]
IN RE BYRNE ESTATE, 98 N.H. 300 (1953)
100 A.2d 157 IN RE ANNIE BYRNE ESTATE. No. 4220.Supreme Court of New Hampshire Hillsborough Probate Court.Argued October 6, 1953. Decided October 30, 1953. Questions which arise in the probate court in the settlement and final distribution of estates of deceased persons or concerning such specific matters as the distribution of personal estate bequeathed by […]
TURNER v. TURNER, 86 N.H. 463 (1934)
169 A. 873 WINFORD S. TURNER v. ANNA TURNER. Supreme Court of New Hampshire Hillsborough. Decided January 2, 1934. Upon a decree of divorce and the award of the custody of a minor to a third person with the right of both parents to visit the child, an application of the libelee, the wife, to […]
NOYES v. LABRECQUE, 106 N.H. 357 (1965)
211 A.2d 421 ELIZABETH L. NOYES a. v. HENRY J. LABRECQUE a. No. 5346. No. 5347.Supreme Court of New Hampshire Belknap.Argued June 1, 1965. Decided June 30, 1965. 1. In an action under RSA 466:19 by passengers on a motorcycle for injuries sustained when defendants’ dog ran into the highway in front of their vehicle […]
HAMPTON v. DELANEY, 115 N.H. 675 (1975)
349 A.2d 602 LINTON HAMPTON v. JAMES L. DELANEY a. No. 7267Supreme Court of New Hampshire Rockingham Decided November 28, 1975 1. Common law called for verdict returned by trial court to be reduced by amount paid by codefendant prior to verdict for settlement, release, or covenant not to sue. 2. Plaintiff’s post-verdict settlement with […]
GROSS v. COMMISSIONERS, 68 N.H. 389 (1895)
44 A. 529 GROSS v. BOARD OF WATER COMMISSIONERS OF PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided December, 1895. A board of commissioners entrusted with the management and control of water-works owned by a city are public officers, and are not liable as a body corporate in an action for negligence. CASE, for personal […]
NORTH BAY COUNCIL, INC. v. GRINNELL, 123 N.H. 321 (1983)
461 A.2d 114 NORTH BAY COUNCIL, INC., BOY SCOUTS OF AMERICA v. ELIZABETH C. GRINNELL a. No. 82-161Supreme Court of New Hampshire Grafton Decided May 9, 1983 1. Property — Rule Against Perpetuities — Generally The Rule Against Perpetuities provides that no interest in property is good unless it must vest, if at all, not […]
PAGE BELTING CO. v. PRINCE, 77 N.H. 309 (1914)
91 A. 961 PAGE BELTING CO. v. FREDERICK H. PRINCE a. Supreme Court of New Hampshire Merrimack. Decided June 2, 1914. Evidence that a vendor of bonds concealed from the purchaser the facts that the municipality which issued the obligations had not been and would not be paid therefor and that litigation was likely to […]
BOSCAWEN v. ATTORNEY-GENERAL, 93 N.H. 444 (1945)
43 A.2d 780 TOWN OF BOSCAWEN a. v. ACTING ATTORNEY-GENERAL. No. 3546.Supreme Court of New Hampshire Merrimack. Decided June 28, 1945. The cy pres doctrine may not be applied except where it is impracticable to carry out the testator’s express provisions. PETITION, by the plaintiff town and the trustees of its trust funds for advice […]
IN RE ESTATE OF ROBBINS, 145 N.H. 145 (2000)
756 A.2d 602 In re ESTATE OF ELIZABETH ROBBINS No. 98-697Supreme Court of New Hampshire Cheshire County Probate Court Decided July 5, 2000 1. Wills — Construction — Omitted Children If a testator’s child is not named or referred to in will, and is not a devisee or legatee under will, then pretermitted heir statute […]
CASWELL v. MAPLEWOOD GARAGE, 84 N.H. 241 (1930)
149 A. 746 BURTON C. CASWELL v. MAPLEWOOD GARAGE. Supreme Court of New Hampshire Rockingham. Decided March 4, 1930. The foundation for the rule that admissions of a party may be used in evidence against him is that the law holds everyone responsible for what he says to the extent that his sayings may be […]
ARCADIA c. MILLS v. COMPANY, 89 N.H. 188 (1937)
195 A. 681 ARCADIA KNITTING MILLS, INC. v. ELLIOTT MANUFACTURING CO. Supreme Court of New Hampshire Hillsborough. Decided December 7, 1937. In an action at law upon a contract brought by a non-resident, the defendant will be allowed to set off a claim for unliquidated damages growing out of the breach of an independent contract […]
STATE v. REYNOLDS, 138 N.H. 519 (1994)
642 A.2d 1368 THE STATE OF NEW HAMPSHIRE v. ANNE MARIE REYNOLDS No. 93-492Supreme Court of New Hampshire Carroll Decided May 24, 1994 1. Constitutional Law — Ex Post Facto Laws — Generally A law or an application of a law is ex post facto if it makes an action done before the passing of […]
ORDER (N.H. 9-7-2005)
ORDER Supreme Court of New Hampshire September 7, 2005 EILEEN FOX, Clerk of Court 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 to Supreme Court Rule 3 on a temporary basis as set forth in Appendix A; amendments to […]
SANDERS v. RAILROAD, 77 N.H. 381 (1914)
92 A. 546 WALTER R. SANDERS v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided November 4, 1914. In an action for personal injuries, the plaintiff’s thoughts and feelings at the moment of the accident are competent to prove special mental suffering as an element of his damages. It is within the limits […]
BLOGIE v. STATE TAX COMMISSION, 111 N.H. 246 (1971)
279 A.2d 603 JOSEPH BLOGIE a. AND TOWN OF CARROLL v. STATE TAX COMMISSION AND ROBERT C. HILL AND GEORGE McAVOY. No. 6177.Supreme Court of New Hampshire Coos. Decided June 30, 1971. 1. Neither a town nor individual taxpayers in the town have the right to appeal to the superior court under RSA 76:17 from […]
SCHOOLCRAFT v. O’NEIL, 81 N.H. 240 (1924)
123 A. 828 PAUL O. SCHOOLCRAFT v. MARY JOSEPHINE O’NEIL. Supreme Court of New Hampshire Hillsborough. Decided February 5, 1924. Under Laws 1915, c. 161, s. 1, a marriage with an insane woman under the age of 45 may be annulled on petition of the husband. PETITION IN EQUITY, for the annulment of a marriage […]
CILLEY v. COLBY, 61 N.H. 63 (1881)
CILLEY v. COLBY. Supreme Court of New Hampshire Sullivan. Decided June, 1881. The discharge of the principal on a note, under a resolution for a composition, according to the provisions of U.S. Rev. Sts., s. 5,117, does not discharge the surety, even if the plaintiff proved his claim, voted for the composition, and his signature […]
OPINION OF THE JUSTICES, 76 N.H. 586 (1911)
79 A. 29 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided February 27, 1911. The legislature has power to determine the time when delegates to a constitutional convention shall be chosen, and may provide for their election in the several towns at the annual March meeting and in the cites at special elections […]
STAPLES v. DAVIS, 75 N.H. 383 (1909)
74 A. 872 STAPLES a. v. DAVIS. Supreme Court of New Hampshire Merrimack. Decided December 7, 1909. Where a purchaser of merchandise on credit sells it to another, who is willing to pay the debt to the original vendor, and the latter, upon notice of the proposed substitution, merely asks his vendee to collect the […]
NEBONNE v. RAILROAD, 67 N.H. 531 (1893)
38 A. 17 NEBONNE v. CONCORD RAILROAD. Supreme Court of New Hampshire Merrimack. Decided December, 1893. In a suit against a railroad to recover damages for an injury alleged to have been received through negligence in the management of one of its trains, evidence of a statement made two months later by the conductor of […]
ATTORNEY-GENERAL v. BURNHAM, 61 N.H. 594 (1882)
ATTORNEY-GENERAL v. BURNHAM. Supreme Court of New Hampshire Rockingham. Decided June, 1882. The officers of a school-district hold their offices until others are elected or appointed and qualified; but if the district fails to hold its annual meeting before April 20, the office are so far vacant that the selectmen may appoint. INFORMATION, in the […]
N.H. WATER RESOURCES BOARD v. LEBANON SAND GRAVEL, 108 N.H. 254 (1967)
233 A.2d 828 NEW HAMPSHIRE WATER RESOURCES BOARD v. LEBANON SAND GRAVEL, INC. No. 5580.Supreme Court of New Hampshire Grafton.Argued March 9, 1967. Decided October 6, 1967. 1. Where the defendant corporation derived its title to certain lands on the Connecticut River above the flow of the tide bounded on the west “thence Down the […]
HIGH COUNTRY ASSOCS. v. N.H. INS. CO., 139 N.H. 39 (1994)
648 A.2d 474 HIGH COUNTRY ASSOCIATES a. v. NEW HAMPSHIRE INSURANCE COMPANY No. 93-382Supreme Court of New Hampshire Grafton Decided September 29, 1994 1. Appeal and Error — Summary Judgment — Standard of Review When reviewing a motion for summary judgment, the court must consider the evidence in the light most favorable to the party […]
BATES v. VERMONT MUTUAL INS., 157 N.H. 391 (2008)
950 A.2d 186 BATES v. VERMONT MUTUAL INSURANCE COMPANY. No. 2007-628.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: March 20, 2008. Opinion Issued: June 13, 2008. 1. Insurance — Policies — Construction A court construes the language of an insurance policy as would a reasonable person in the position of the insured based upon a […]
PULASKI CLUB v. STATE LIQUOR COMM., 89 N.H. 559 (1938)
200 A. 410 PULASKI CLUB a. v. STATE LIQUOR COMMISSION. Supreme Court of New Hampshire Hillsborough. Decided June 7, 1938. BILL, for an injunction. Laflamme Nourie and Ernest R. D’Amours (Mr. Nourie orally), for the plaintiffs. Thomas P. Cheney, Attorney-General, Frank R. Kenison, Assistant Attorney-General, and J. Blanche Newhall (Mr. Kenison orally), for the defendant. […]
SWANZEY v. KEENE, 115 N.H. 257 (1975)
339 A.2d 25 TOWN OF SWANZEY v. CITY OF KEENE No. 6917Supreme Court of New Hampshire Cheshire Decided May 30, 1975 1. The manifest purpose of RSA 423:9, which exempts from taxation all property acquired by a municipality outside its boundaries Page 258 for a municipal airport if the property is not leased for profit, […]
TOWNE v. DAVIS, 66 N.H. 396 (1890)
22 A. 450 TOWNE v. DAVIS. Supreme Court of New Hampshire Merrimack. Decided December, 1890. Whether a sale of hay was so far completed that the title passed to the vendee is a question of the intention and understanding of the parties, which is a question of fact. The finding of a referee that the […]
LAMARRE v. LAMARRE, 84 N.H. 441 (1930)
152 A. 272 EUGENIE LAMARRE v. GEORGE LAMARRE, a. Supreme Court of New Hampshire Hillsborough. Decided November 5, 1930. An insurer against liability who assumes the defence of the assured assumes his liability, if any, and cannot avoid responsibility except by settlement with the plaintiff or payment to the assured. If such insurer unequivocally abandons […]
SIMPSON v. CURRIER, 60 N.H. 19 (1880)
SIMPSON v. CURRIER a. Supreme Court of New Hampshire Hillsborough. Decided June, 1880. In a suit against sureties, upon a note for $1,000, evidence that at the time they signed it, it was agreed that the plaintiff should furnish the principal an additional sum of $3,000, and that when that was furnished the note for […]
WHITEHOUSE v. RYTMAN, 122 N.H. 777 (1982)
451 A.2d 370 HAROLD WHITEHOUSE a. v. DORA RYTMAN a. No. 81-170Supreme Court of New Hampshire Rockingham Decided September 8, 1982 1. Damages — Evidence — Review by Supreme Court In reviewing damage awards, the supreme court will view the evidence in the light most favorable to the prevailing party. 2. Damages — Burden of […]
WINCHESTER TAXPAYERS’ ASS’N v. BOARD OF SELECTMEN, 118 N.H. 144 (1978)
383 A.2d 1125 WINCHESTER TAXPAYERS’ ASSOCIATION v. BOARD OF SELECTMEN, TOWN OF WINCHESTER No. 7979Supreme Court of New Hampshire Cheshire Decided March 10, 1978 1. Towns — Special Town Meetings — Duties of Selectmen Town selectmen may exercise a certain amount of judgment in determining whether to schedule a special town meeting when petitioned to […]
STATE v. SHEEDY, 124 N.H. 738 (1984)
474 A.2d 1042 THE STATE OF NEW HAMPSHIRE v. SEAN SHEEDY No. 82-154Supreme Court of New Hampshire Merrimack Decided April 13, 1984 1. Records — Inspection — Individual Financial Records The suppression of any evidence obtained in violation of the right to privacy act is an appropriate remedy to vindicate the purpose behind the legislature’s […]
CABLE v. WARDEN, N.H. STATE PRISON, 140 N.H. 395 (1995)
666 A.2d 967 LEON CABLE v. WARDEN, NEW HAMPSHIRE STATE PRISON No. 95-044Supreme Court of New Hampshire Merrimack Decided October 31, 1995 1. Criminal Law — Judgment and Sentence — Probation and Parole Parole board has the independent authority to require inmate to complete prison’s sexual offender program before he is released on parole. 2. […]
DEMAURO v. DEMAURO, 147 N.H. 717 (2002)
798 A.2d 45 ANNETTE B. DEMAURO v. JOSEPH M. DEMAURO No. 2000-192Supreme Court of New Hampshire RockinghamArgued March 6, 2002 Opinion Issued May 23, 2002 1. Equity — Relief — Discretion of Trial Court Decision to grant equitable relief is within the sound discretion of the trial court and will not be disturbed unless the […]
AHERN v. CONCORD, 82 N.H. 246 (1926)
132 A. 570 LUCILLE M. AHERN v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided February 2, 1926. Waiting within the limits of a highway for an electric car is an incidental act of travel of a reasonable nature, and does not suspend or defeat the character of the person so waiting as a traveler […]
SIEGEL v. STATE, 111 N.H. 395 (1971)
285 A.2d 803 MORRIS SIEGEL a. v. STATE OF NEW HAMPSHIRE a. No. 6228.Supreme Court of New Hampshire Rockingham. Decided December 30, 1971. 1. A writ of mandamus is granted only when the plaintiff has a clear and apparent right to the relief requested. 2. Plaintiffs’ allegations that the commissioner of public works and highways […]
AMICA MUT. INS. CO. v. ZINCK, 130 N.H. 357 (1988)
540 A.2d 1227 AMICA MUTUAL INSURANCE COMPANY v. MELTON D. ZINCK a. No. 87-127Supreme Court of New Hampshire Hillsborough Decided March 10, 1988 1. Insurance — Automobile Policies — Non-Owned Automobile Trial court properly concluded that a driver was not a “person insured” under insurance policy’s “nonowned automobile” clause, where trial court’s conclusion that the […]
DAIGLE v. CITY PORTSMOUTH, 131 N.H. 319 (1988)
553 A.2d 291 DALE A. DAIGLE v. CITY OF PORTSMOUTH No. 88-028Supreme Court of New Hampshire Rockingham Decided December 29, 1988 1. Depositions and Discovery — Sanctions for Noncompliance — Discretion The imposition of discovery sanctions is a matter left largely to the discretion of the trial court, and such a ruling will be sustained […]
APTE v. DEP’T OF REVENUE ADMIN., 121 N.H. 1045 (1981)
437 A.2d 319 WYLIE L. APTE, JR. v. DEPARTMENT OF REVENUE ADMINISTRATION a. No. 81-108Supreme Court of New Hampshire Carroll Decided November 20, 1981 1. Taxation — Real Property Transfer Tax — Taxable Transfers The interest obtained by purchase of land at a foreclosure sale, by any party, is a sufficient interest to make the […]
BROWN v. ELA, 67 N.H. 110 (1891)
30 A. 412 BROWN v. ELA. Supreme Court of New Hampshire Merrimack. Decided December, 1891. A distinct act of dominion wrongfully exerted over another’s goods in denial of his right, or inconsistent with it, is evidence of a conversion. TROVER, for twelve tons of hay. Facts found by a referee. In the spring of 1886 […]
APPEAL OF DOHERTY, 123 N.H. 508 (1983)
464 A.2d 1113 APPEAL OF JEAN F. DOHERTY No. 82-571Supreme Court of New Hampshire Strafford Decided July 13, 1983 1. Administrative Law — Judicial Review — Standards Since the statute governing appeals to the superior court from decisions of the board of nursing education and nurse registration does not say on its face that judicial […]
STATE v. GOURLAY, 148 N.H. 75 (2002)
802 A.2d 1203 THE STATE OF NEW HAMPSHIRE v. BURTON MICHAEL GOURLAY No. 99-710Supreme Court of New Hampshire MerrimackArgued March 13, 2002 Opinion Issued July 22, 2002 1. Criminal Law — Competency to Stand Trial — Generally A criminal defendant has a constitutional right not to be tried if he is legally incompetent. 2. Criminal […]
ODIORNE v. RAND, 59 N.H. 504 (1880)
ODIORNE v. RAND a. Supreme Court of New Hampshire Rockingham. Decided June, 1880. The regularity of the election or appointment of the collector of taxes cannot be called in question in a suit against the selectmen for an illegal assessment. Assessors of taxes, acting in good faith, are not liable for an illegal assessment. The […]
GREEN MT. INS. CO. v. U.S. FIDELITY GUAR. CO., 124 N.H. 446 (1984)
471 A.2d 1162 GREEN MOUNTAIN INSURANCE COMPANY v. UNITED STATES FIDELITY AND GUARANTY COMPANY No. 82-466Supreme Court of New Hampshire Merrimack Decided February 3, 1984 1. Insurance — Automobile Policies — Financial Responsibility Law The supreme court has consistently held that failure to abide by the dictates of the statute requiring an insurance carrier to […]
STATE v. DUNSMORE, 112 N.H. 382 (1972)
297 A.2d 230 STATE v. JAMES A. DUNSMORE. No. 6395.Supreme Court of New Hampshire Concord District Court. Decided November 3, 1972. 1. Defendant’s claim that his right to confront witnesses testifying against him was violated by the introduction of evidence of his blood test result without having the taker of the blood sample or the […]
ANDERSON v. McCANN, 124 N.H. 249 (1983)
469 A.2d 1311 BARBARA ANDERSON a. v. ROBERT McCANN a. No. 82-403Supreme Court of New Hampshire Hillsborough Decided December 12, 1983 1. Municipal Corporations — Housing Authorities — Redevelopment Projects The housing authorities law and the statute governing redevelopment projects give a city housing authority broad discretion to carry out redevelopment projects in “blighted” areas. […]
TOWN OF SALISBURY v. NEW ENGLAND POWER CO., 121 N.H. 983 (1981)
437 A.2d 281 TOWN OF SALISBURY v. NEW ENGLAND POWER COMPANY a. No. 80-479Supreme Court of New Hampshire Merrimack Decided November 16, 1981 1. Municipal Ordinances — Validity — Generally Local legislation is repugnant to State law when an ordinance or by-law either expressly contradicts a statute or else runs counter to the legislative intent […]