Category: New Hampshire Court Opinions

276 A.2d 260 AARON KALMAN v. PHILO A. HUTCHESON a. No. 6061.Supreme Court of New Hampshire Rockingham. Decided February 26, 1971. 1. Plaintiff’s claim for damages for flowage of his lands when a defendant restored dams and flowage was unsupported by evidence of plaintiff’s title to land flowed and was fatally defective therefor. 2. Flowage […]

248 A.2d 632 JAMES ALLEN v. PARKER L. HANCOCK, Warden. No. 5837.Supreme Court of New Hampshire Original.Submitted November 7, 1968. Decided December 31, 1968. 1. The Agreement on Detainers statute (RSA ch. 606-A (supp)) is designed give formal recognition to the practice of honoring detainers filed by other states against prisoners confined in this state […]

435 A.2d 1129 APPEAL OF STEELE HILL DEVELOPMENT, INC. (New Hampshire Board of Taxation) No. 80-448Supreme Court of New Hampshire Board of Taxation Decided October 7, 1981 1. Administrative Law — Findings — Failure To Request Although administrative agencies conducting hearings must honor requests for specific findings of fact and rulings of law submitted by […]

876 A.2d 241 STEPHEN AND NANCY WOOD v. WILLIAM GREAVES d/b/a AGRICULTURAL LAND MANAGEMENT. No. 2004-517.Supreme Court of New Hampshire Strafford.Argued: January 19, 2005. Opinion Issued: May 20, 2005. 1. Limitation of Actions — Generally — Construction and Application To determine the nature of a cause of action for statute of limitations purposes, the court […]

493 A.2d 490 THOMAS COE v. PAUL WATSON No. 83-495Supreme Court of New Hampshire Rockingham Decided May 6, 1985 1. Joint Ventures — Nature of Relationship Parties in a joint venture stand in the same relationship to each other as the partners in a partnership. 2. Joint Ventures — Dissolution In the absence of any […]

610 A.2d 809 THE STATE OF NEW HAMPSHIRE v. ROBERT A. McLAUGHLIN, SR. No. 90-345Supreme Court of New Hampshire Rockingham Decided June 25, 1992 1. Appeal and Error — Preservation of Questions — Generally An objection below is required in order to preserve an issue for appellate review. 2. Appeal and Error — Preservation of […]

337 A.2d 777 OPINION OF THE JUSTICES No. 7190Supreme Court of New Hampshire House of Representatives Decided May 15, 1975 1. The provisions of RSA 650:1, which purport to apply different standards to obscene material designed for children from that designed for adults, is constitutional. 2. The constitutional guidelines laid down in Miller v. California, […]

489 A.2d 157 THE STATE OF NEW HAMPSHIRE v. HAROLD F. GAMARSH No. 84-344Supreme Court of New Hampshire Hillsborough Decided March 7, 1985 1. Trial — Instructions — Requests A requested charge on a party’s theory of defense must be given if such a theory is supported by some evidence; refusal to charge on that […]

453 A.2d 1315 THE STATE OF NEW HAMPSHIRE v. RICHARD CYR No. 81-302Supreme Court of New Hampshire Hillsborough Decided December 30, 1982 1. Constitutional Law — Identification of Accused — Suggestive Procedures A determination as to the admissibility of an out-of-court identification involves a two-step process: first, the supreme court must inquire whether the identification […]

153 A.2d 794 TRAVELERS INDEMNITY COMPANY a. v. FARM BUREAU MUTUAL INSURANCE COMPANY a. No. 4734.Supreme Court of New Hampshire Hillsborough.Argued May 6, 1959. Decided July 10, 1959. 1. Where all the parties to declaratory judgment proceedings through their counsel at pre-trial conference stipulated that a special verdict should be submitted to the jury in […]

624 A.2d 1358 NEW ENGLAND CAPITAL CORPORATION v. THE FINLAY COMPANY, INC. No. 91-567Supreme Court of New Hampshire Hooksett District Court Decided May 20, 1993 1. Attorneys — Practice of law — Pro Se Litigants In an exception to general, unauthorized practice of law rule, in which “a party in any cause or proceeding may […]

564 A.2d 826 IRA AND BARBARA MIGDAL v. WALTER AND CAROL STAMP a. No. 88-296Supreme Court of New Hampshire Merrimack Decided August 23, 1989 1. Negligence — Assumption of Risk — Fireman’s Rule “Fireman’s rule” precludes police officer or fireman from recovering in tort for injuries caused by negligent conduct that creates the very occasion […]

539 A.2d 721 HARVEY C. DeWEES v. NEW HAMPSHIRE BOARD OF PHARMACY ROGER E. DYKSTRA v. NEW HAMPSHIRE BOARD OF PHARMACY No. 87-116Supreme Court of New Hampshire Merrimack Decided April 1, 1988 1. Professions and Occupations — License To Practice — Disciplinary Proceedings New Hampshire Pharmacy Board’s temporary suspension of two pharmacists’ licenses was reversed, […]

89 A.2d 760 ROBERTS TUNIS Ex’r v. VIRGINIA H. DOLE a. No. 4125.Supreme Court of New Hampshire Cheshire. Decided July 1, 1952. The right given to an executor to select certain articles of personal property to be his absolutely followed by a statement that the selection and distribution of such articles were to be in […]

578 A.2d 351 THE STATE OF NEW HAMPSHIRE v. AUTOWARE, INC. a. No. 89-100Supreme Court of New Hampshire Grafton Decided August 1, 1990 Highways — Beautification Statute — Definitions On a petition for a mandatory injunction ordering defendants to remove all junk from their property so as to comply with provisions relative to junk yards […]

580 A.2d 732 PELLA WINDOWS AND DOORS, INC. v. JACK FARACI AND CHERYL FARACI No. 89-198Supreme Court of New Hampshire Hillsborough Decided August 27, 1990 1. Restitution — Unjust Enrichment Doctrine of unjust enrichment is that one shall not be allowed to profit or enrich himself at expense of another contrary to equity; hence where […]

662 A.2d 950 THE STATE OF NEW HAMPSHIRE v. PHILIP J. GOODNOW No. 93-483Supreme Court of New Hampshire Cheshire Decided July 24, 1995 1. Criminal Law — Double Jeopardy — Generally Although not found in Criminal Code, criminal contempt is an offense, and sentence is punitive. N.H. CONST. pt. I, art. 16. 2. Criminal Law […]

263 A.2d 677 STATE v. RICHARD ROGER BLOUIN No. 6023Supreme Court of New Hampshire Rockingham Decided March 31, 1970 1. A district court, under RSA 502-A:11 has original, but not exclusive, jurisdiction over misdemeanors committed within the confines of the district, and the Superior Court, under RSA 592-A:1, has concurrent but discretionary jurisdiction with the […]

427 A.2d 498 JOAN S. v. JOHN S. No. 80-083Supreme Court of New Hampshire Hillsborough Decided March 6, 1981 1. Husband and Wife — Common-Law Marriage — Recognition New Hampshire is a jurisdiction which does not recognize the validity of common-law marriages except to the limited extent that the status of common-law spouse obtains to […]

61 A.2d 526 WALTER C. ROWE, Ex’r and Tr. v. MILDRED E. ROWE a. No. 3746.Supreme Court of New Hampshire Merrimack. Decided October 5, 1948. The paramount consideration in construing a will is the testator’s intent, determined by a balance of probabilities as shown by the surrounding circumstances, including the provisions of the will as […]

769 A.2d 1043 FREDERICK AND SHIRLEY DELANEY v. THE STATE OF NEW HAMPSHIRE. No. 99-104Supreme Court of New Hampshire Rockingham March 21, 2001 1. Torts — Immunity — Sovereign Immunity The discretionary function exception retains governmental immunity for conduct involving an executive or planning function characterized by the exercise of a high degree of official […]

663 A.2d 94 THE STATE OF NEW HAMPSHIRE v. JOHN PUZZANGHERA No. 94-035Supreme Court of New Hampshire Hillsborough-northern judicial district Decided August 9, 1995 1. Evidence — Documentary Evidence — Business Records In order to trigger an in camera review of a police officer’s personnel file under RSA 105:18-b, the defendant must establish probable cause […]

827 A.2d 197 DIANA WOLTERS v. AMERICAN REPUBLIC INSURANCE COMPANY No. 2002-453Supreme Court of New Hampshire RockinghamArgued May 14, 2003 Opinion Issued June 27, 2003 1. Insurance — Parties; Rights and Duties — Subrogation The purpose behind subrogation is to place the responsibility where it ultimately should rest by compelling payment by the one who […]

397 A.2d 1041 THE STATE OF NEW HAMPSHIRE v. THOMAS E. MELOON No. 78-196Supreme Court of New Hampshire Rockingham Decided February 14, 1979 1. Indictment and Information — Sufficiency Burglary indictment that identified burglarized building and utilized the words of burglary statute was sufficient even though it did not allege ownership of burglarized building. RSA […]

448 A.2d 414 CHARLES D. PARKER v. NANCY M. PARKER No. 81-086Supreme Court of New Hampshire Merrimack Decided July 14, 1982 1. Appeal and Error — Findings — Master’s Findings The supreme court will not set aside a master’s determinations absent a showing of abuse of discretion. 2. Appeal and Error — -Findings — Master’s […]

886 A.2d 967 APPEAL OF THE NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION (New Hampshire Board of Claims). No. 2004-119.Supreme Court of New Hampshire Board of Claims.Argued: November 9, 2004. Opinion Issued: October 28, 2005. 1. Highways — Motor Vehicles — Statutes Yellow warning lights on a snow plow are emergency lights under New Hampshire statutes and […]

519 A.2d 231 THE STATE OF NEW HAMPSHIRE v. GEORGE W. KILGUS, JR. No. 84-555Supreme Court of New Hampshire Hillsborough Decided October 3, 1986 1. Criminal Law — Accessories and Principals — Particular Crimes Under the capital murder statute, if one solicits another to commit murder and the one solicited does kill, then the one […]

499 A.2d 1328 APPEAL OF LEMIRE-COURVILLE ASSOCIATES APPEAL OF GILMORE-HOLLOWAY (New Hampshire Department of Health and Human Services) No. 83-427 No. 83-444Supreme Court of New Hampshire Department of Health and Human Services Decided August 5, 1985 1. Public Health and Welfare — Institutional Health Services — Certificate of Need Bureau of institutional health services was […]

174 A.2d 839 WAUMBEC MILLS, INC. v. BAHNSON SERVICE COMPANY. No. 4956.Supreme Court of New Hampshire Hillsborough.Argued September 6, 1961. Decided October 27, 1961. 1. Where under the provisions of a work contract the defendant contractor agreed to maintain accident and liability insurance to protect the plaintiff owner from claims for personal injury arising from […]

600 A.2d 139 THE STATE OF NEW HAMPSHIRE v. IRVING NUTTER No. 90-434Supreme Court of New Hampshire Rockingham Decided December 11, 1991 1. Appeal and Error — Preservation of Questions — Failure To Present Below Objections which were not raised during the proceeding below will not be considered on appeal. 2. Appeal and Error — […]

445 A.2d 1122 VERMONT NATIONAL BANK v. ALEX J. TAYLOR AND LORRAINE A. TAYLOR No. 81-364Supreme Court of New Hampshire Keene District Court Decided May 17, 1982 1. Process — Writs In limited circumstances, writs of capias can be used if they are accompanied by sufficient procedural safeguards. 2. Contempt — Hearing — Notice If […]

16 A.2d 705 BRENDAN J. KEENAN, Ex’r v. SARAH J. TONRY a. No. 3195.Supreme Court of New Hampshire Cheshire. Decided December 3, 1940. Jurisdiction of the subject-matter, if lacking, cannot be conferred by consent of the parties. An executor appointed in this state has no power over a decedent’s real property in another state and, […]

292 A.2d 853 BARBARA J. FORTIER v. GRAFTON COUNTY a. No. 6444.Supreme Court of New Hampshire Grafton. Decided June 16, 1972. 1. Under statutes governing counties, county commissioners have fairly broad discretionary powers in managing county property and erecting buildings authorized by the county convention. 2. While the discretionary acts of county commissioners are not […]

566 A.2d 1142 THE STATE OF NEW HAMPSHIRE v. DONALD TYNAN No. 88-343Supreme Court of New Hampshire Merrimack Decided December 8, 1989 1. Constitutional Law — Speedy Trial — Generally The applicable statute of limitations provides the primary guarantee against bringing overly stale criminal charges. 2. Constitutional Law — Due Process — Pre-Indictment Delay Defendant’s […]

38 A.2d 78 CARL H. RICKLE v. WYOMING VALLEY PAPER MILLS a. No. 3476.Supreme Court of New Hampshire Coos. Decided May 2, 1944. Where the parties did not intend a first release to be final but treated it merely as a “settlement receipt” for workmen’s compensation and the plaintiff subsequently signed a second release, exactly […]

492 A.2d 1367 THE STATE OF NEW HAMPSHIRE v. PETER E. GIBBS, JR. No. 84-178Supreme Court of New Hampshire Hillsborough Decided April 11, 1985 1. Evidence — Failure To Preserve — Due Process When evidence in a criminal trial is destroyed, special scrutiny must be undertaken to ascertain whether the defendant’s right to due process […]

161 A.2d 169 STATE v. ELDRED S. SHAW. No. 4824.Supreme Court of New Hampshire Belmont Municipal Court.Argued April 5, 1960. Decided May 31, 1960. 1. The statutory prohibition (RSA 207:7) against the having or carrying of loaded guns in motor vehicles, boats and aircraft is not restricted to hunting but applies to possessing a loaded […]

371 A.2d 1171 LIBERTY MUTUAL INSURANCE COMPANY v. HOME INSURANCE INDEMNITY COMPANY, FIREMAN’S FUND INSURANCE COMPANY, RICHARD LAVIGNE, CAR LAND AUTO BODY, INC. JOHN E. AKERLY AND DONNA AKERLY No. 7607Supreme Court of New Hampshire Hillsborough Decided March 31, 1977 1. Statutes — Construction and Application — Retrospective Operation Where statute is remedial or procedural, […]

219 A.2d 275 GOLDIE FREEDMAN v. EXETER. No. 5411.Supreme Court of New Hampshire Rockingham.Argued January 4, 1966. Decided April 29, 1966. 1. Where the plaintiff failed to establish that the tax assessment on her real property was disproportionately higher in relation to true value than the assessments of other property in general in the taxing […]

378 A.2d 1141 EMMA M. HILL a. v. PETER A. LUNDBLAD a. No. 7802Supreme Court of New Hampshire Rockingham Decided September 30, 1977 Compromise and Settlement — Enforcement Where master’s findings indicated that parties to law suit together with counsel and in presence of master agreed to file written stipulations with court based on oral […]

54 A.2d 360 ALMA C. COTE v. AMEDEE COTE. No. 3651.Supreme Court of New Hampshire Hillsborough. Decided July 2, 1947. Where a husband and wife, following a divorce, remarried with the understanding that the past obligations of either were forgiven, no action can be maintained by the libelant for reimbursement for expenditures of hers, prior […]

861 A.2d 789 PROFESSIONAL FIREFIGHTERS OF NEW HAMPSHIRE v. HEALTHTRUST, INC. No. 2004-017.Supreme Court of New Hampshire Rockingham.Argued: September 14, 2004. Opinion Issued: November 30, 2004. 1. Records — Right to Inspect — Particular Parties Because a non-profit corporation performed the essential government function of providing insurance and pooled risk management programs to political subdivisions, […]

171 A.2d 30 FRANK GODDARD, JR. a. v. LYNDLEY T. PEASE a. No. 4914.Supreme Court of New Hampshire Rockingham.Argued April 4, 1961. Decided May 31, 1961. 1. A renewal of a lease imports an extension of the tenancy for a like term, from and after the expiration of the current term; and an option for […]

737 A.2d 675 ROBERGE’S CASE No. LD-97-008Supreme Court of New Hampshire Decided August 30, 1999 1. Appeal and Error — Scope of Review — Generally In professional conduct matters, supreme court defers to judicial referee’s factual findings if supported by record, but court retains ultimate authority to determine whether, on facts found, violation of rules […]

369 A.2d 189 STATE OF NEW HAMPSHIRE v. AGNES M. MURPHY No. 7560Supreme Court of New Hampshire Rockingham Decided January 31, 1977 1. Breach of the Peace — Disorderly Conduct The defendant engaged in a “course of abusive” language within the meaning of the disorderly conduct statute, RSA 644:2 II(d), rather than in a single […]

868 A.2d 283 IN THE MATTER OF BARBARA M. GIACOMINI AND PATRICK A. GIACOMINI. No. 2004-509.Supreme Court of New Hampshire Grafton.Argued: January 19, 2005. Opinion Issued: March 2, 2005. 1. Divorce — Child Support — Interest and Arrears The plain language of the statutes setting forth the annual simple rate of interest on judgments and […]

893 A.2d 661 RYAN JAMES REALTY, LLC v. VILLAGES AT CHESTER CONDOMINIUM ASSOCIATION a. No. 2004-689.Supreme Court of New Hampshire Rockingham.Argued: November 16, 2005. Opinion Issued: January 27, 2006. 1. Condominiums — Creation and Termination — Declaration of Condominium Where land originally submitted in the declaration was only that land designated as “Phase I,” not […]

687 A.2d 979 JERRY BARROWS v. RALPH BOLES a. BARCO DEVELOPMENT CORPORATION v. RALPH BOLES a. No. 92-254Supreme Court of New Hampshire Cheshire Decided November 7, 1996 1. Parties — Generally — Artificial Persons Where the bankruptcy trustee abandoned his rights to the lawsuit, the debtor is considered to have possessed rights to the suit […]

219 A.2d 456 LEROY S. DUBE a. v. FRANK K. SENTER a. No. 5465.Supreme Court of New Hampshire Rockingham.Argued April 6, 1966. Decided April 29, 1966. 1. The granting of a variance from the terms of a zoning ordinance and authorization of a building permit under subdivision regulation by a zoning board of adjustment to […]

702 A.2d 803 WAYNE E. MOSIER, SR. v. DONALD KINLEY, M.D. No. 96-709Supreme Court of New Hampshire Hillsborough-northern judicial district Decided November 14, 1997 1. Courts — Jurisdiction — Burden of Proof Unlike the general rule applicable to motions to dismiss on the ground of failure to state a claim, when jurisdictional facts are challenged, […]

342 A.2d 248 STATE OF NEW HAMPSHIRE v. JAMES E. DAY No. 7139Supreme Court of New Hampshire Cheshire Decided June 30, 1975 1. A criminal statute is not to be broadened beyond the fair import of its language and may not be held to extend to situations not covered by the words used. Page 376 […]

480 A.2d 12 DOROTHY HARTMAN v. TOWN OF HOOKSETT a. No. 83-261 No. 83-302Supreme Court of New Hampshire Rockingham Decided May 4, 1984 1. Pleading — Motion To Dismiss — Tests and Standards In ruling on a motion to dismiss, all facts properly pleaded by the plaintiff are deemed true, and all reasonable inferences derived […]

813 A.2d 506 THE STATE OF NEW HAMPSHIRE v. YVONNE ALLARD Supreme Court of New Hampshire Concord District Court No. 2001-492Argued October 16, 2002 Opinion Issued December 18, 2002 1. Offenses—Particular Offenses—False Reporting The mere act of giving false information to the police is insufficient to constitute an offense under the statute; the State must […]

20 A.2d 647 HAROLD B. WILKINS v. JOSEPH H. PAGE. No. 3233.Supreme Court of New Hampshire Hillsborough. Decided June 3, 1941. The bailor of a motor vehicle is not liable for the negligence of the bailee in its operation. If subsequent to the termination of the bailment the owner resumes possession of the car, permitting […]

125 A.2d 774 STATE v. MILTON E. TRACEY. No. 4488.Supreme Court of New Hampshire Municipal Court of Amherst.Argued June 6, 1956. Decided July 6, 1956. Evidence obtained by wiretapping of intrastate telephone lines is admissible in state criminal prosecutions. A special justice of the municipal court is authorized to perform the duties of the justice […]