Category: New Hampshire Court Opinions

498 A.2d 348 STEPHEN T. NASH v. KEENE PUBLISHING CORPORATION, d/b/a THE KEENE SENTINEL No. 84-374Supreme Court of New Hampshire Cheshire Decided August 16, 1985 1. Judgment — Summary Judgment — Issue of Material Fact On a motion for summary judgment, the moving party has the burden to demonstrate that there is no genuine issue […]

385 A.2d 229 WALTER MORSE a. v. DONALD FORD a. No. 7983Supreme Court of New Hampshire Merrimack Decided April 25, 1978 1. Attorney and Client — Fees — Recovery A prevailing party in New Hampshire will recover attorney’s fees when that recovery is authorized by statute, an agreement between parties, or an established judicial exception […]

279 A.2d 601 OPINION OF THE JUSTICES. No. 6265.Supreme Court of New Hampshire Request of Senate. Decided June 3, 1971. 1. The time and mode for the submission of constitutional amendments not being prescribed by part II, article 100 (a) nor any other provision of the State Constitution, the General Court, under its general legislative […]

636 A.2d 1028 THE STATE OF NEW HAMPSHIRE v. MICHAEL J. LaFOUNTAIN No. 92-449Supreme Court of New Hampshire Coos Decided January 27, 1994 1. Constitutional Law — New Hampshire Constitution — Construction and Application Sexual assault defendant’s constitutional claims were addressed with reference to State constitution, with federal law cited only to aid court’s analysis, […]

13 A.3d 287 APPEAL OF CITY OF CONCORD. No. 2009-805.Supreme Court of New Hampshire. Board of Tax and Land Appeals.Argued: September 15, 2010. Opinion Issued: November 24, 2010. 1. Taxation — Judicial and Administrative Proceedings — Appeals The plain language of the statutes governing tax abatements admits of no exceptions. Taken together, the statutes require […]

161 A.2d 175 FLOYD C. DURIVAGE a. App’ts v. LORRAINE VINCENT a. App’ees. No. 4799.Supreme Court of New Hampshire Hillsborough.Argued May 3, 1960. Decided May 31, 1960. 1. Adoption was unknown at common law and is wholly statutory. 2. The statute providing for adoption (RSA ch. 461) requires the consent of at least one of […]

6 A.2d 168 VERA H. HEILMAN v. JAMES E. WHALLEY. FRED G. HEILMAN v. SAME. FRED G. HEILMAN, JR., by his father and next friend, FRED G. HEILMAN v. SAME. No. 3056.Supreme Court of New Hampshire Hillsborough. Decided May 2, 1939. A defendant’s motion for a mistrial was properly denied where in his answer to […]

519 A.2d 307 THE STATE OF NEW HAMPSHIRE v. TERRY L. HAMMELL No. 86-002Supreme Court of New Hampshire Merrimack Decided December 8, 1986 1. Evidence — Admissibility Generally — Relevancy Evidence is relevant if it tends in any way to establish a proposition which is of consequence in the action. 2. Evidence — Admissibility Generally […]

51 A.2d 144 GEORGE W. COTE v. GARRIE STAFFORD. No. 3626.Supreme Court of New Hampshire Hillsborough. Decided February 4, 1947. A party is not bound by his own testimony concerning matters about which he could reasonably be found to be honestly mistaken. TROVER, for conversion of a valuable wrist watch and a ring. The claim […]

629 A.2d 818 THE STATE OF NEW HAMPSHIRE v. HENRI DEGRE No. 92-222Supreme Court of New Hampshire Hillsborough Decided August 5, 1993 1. Trial — Generally — Mistrial Police officer’s testimony in sexual assault case that she did not sense victim was lying about assault did not warrant mistrial, because trial court’s curative instructions sufficiently […]

218 A.2d 67 RUTH E. FORD v. UNITED LIFE AND ACCIDENT INSURANCE COMPANY. No. 5417.Supreme Court of New Hampshire Cheshire.Argued March 1, 1966. Decided March 30, 1966. 1. Where a group insurance creditor contract between a banking corporation and the insurer defined those eligible for insurance as persons whose debts were scheduled to be fully […]

597 A.2d 1063 CITY OF PORTSMOUTH v. ASSOCIATION OF PORTSMOUTH TEACHERS, NEA — NEW HAMPSHIRE No. 90-052Supreme Court of New Hampshire Rockingham Decided October 4, 1991 1. Public Employees — Collective Bargaining — Arbitration An arbitrator cannot bind a city on cost items, as under the applicable statute, cost items must be submitted to the […]

593 A.2d 1166 In re SARA S. No. 90-322Supreme Court of New Hampshire Sullivan County Probate Court Decided August 2, 1991 1. Parent and Child — Parental Rights — Termination At proceeding upon petition for termination of parental rights, based on claim of abandonment, the division of youth services bears the burden to prove such […]

75 A.2d 714 EMPLOYERS LIABILITY ASSURANCE CORP. LTD. v. HAZEL TIBBETTS a. No. 3908.Supreme Court of New Hampshire Strafford. Decided October 3, 1950. The requirement that declaratory judgment actions be instituted by petition does not necessarily make the action an equitable proceeding. Where the nature of a case and the relief sought is such that […]

379 A.2d 836 In re ESTATE OF JOSEPH EMILE DUMAS No. 7794Supreme Court of New Hampshire Probate Court, Strafford County Decided October 31, 1977 1. Wills — Construction — Intent of Testator While bequest to “my grandchildren, David Dumas and Darrell Dumas, in equal shares, to them, their heirs and assigns forever” would ordinarily import […]

6 A.2d 766 OLIVINE BISSON a., Ex’rs v. LUDGER GOSSELIN a. No. 3092Supreme Court of New Hampshire Strafford Decided June 6, 1939 Bequest of a residuary estate “to my nieces and nephew, namely Anna . . . and Olivine . . .” Certain facts including a pecuniary bequest to her nephew Arthur, without mention of […]

352 A.2d 741 GILLES BILODEAU a. v. OLIVER STORES, INC. a. No. 7188Supreme Court of New Hampshire United States District Court for the District of New Hampshire Decided February 27, 1976 1. Following settlement of an action by plaintiff employee pursuant to RSA 281:14, the workmen’s compensation carrier for the employer has a continuing obligation […]

635 A.2d 1361 THE STATE OF NEW HAMPSHIRE v. ALAN RICHARDSON No. 92-035Supreme Court of New Hampshire Cheshire Decided December 30, 1993 1. Evidence — Other Bad Acts — Admissibility Before admitting evidence of prior or subsequent bad acts, trial court must determine its relevance for a purpose other than proving character or disposition, that […]

766 A.2d 702 APPEAL OF CAMPAIGN FOR RATEPAYERS RIGHTS a. Public Utilities Commission Nos. 00-637, 00-638Supreme Court of New Hampshire Decided January 16, 2001 1. Administrative Law — Judicial Review — Prerequisites Ratepayers and taxpayers complied with statutory scheme governing review of decisions of public utilities commission, where they timely moved for rehearing in response […]

179 A.2d 460 ANTOINETTE M. DUPERRE v. ISADORE N. DUPERRE. No. 4957.Supreme Court of New Hampshire Strafford.Argued March 6, 1962. Decided April 3, 1962. 1. Unless a decree for the support of a minor child entered in divorce proceedings expressly provides for the cessation of payments its force continues until it is modified and the […]

717 A.2d 989 JOHN C. GREENAN, JR. a. v. RICHARD A. LOBBAN, JR. a. No. 96-692Supreme Court of New Hampshire Grafton Decided September 24, 1998 1. Deeds — Construction — Generally Interpretation of deeds in a quiet title dispute is a question of law, which is reviewed de novo. 2. Property — Quieting Title — […]

448 A.2d 1373 APPEAL OF HILDEGARD TAMM (New Hampshire Personnel Commission) No. 81-465Supreme Court of New Hampshire Personnel Commission Decided July 7, 1982 1. Public Employees — Personnel Department — Regulations Nothing in the rules of the New Hampshire Department of Personnel indicates that a probationary employee may be dismissed for being “overqualified”. 2. Public […]

119 A.2d 97 DAVID E. PRIDDLE v. FARM BUREAU MUTUAL INSURANCE Co. a. No. 4445.Supreme Court of New Hampshire Merrimack.Argued December 7, 1955. Decided December 31, 1955. Where a policy of motor vehicle liability insurance was issued in New York to a resident of that state and specifically referred to the statutes of that state […]

256 A.2d 159 STATE v. EDWARD L. PARKER. No. 5834.Supreme Court of New Hampshire Nashua District Court.Argued December 3, 1968. Decided July 30, 1969. 1. The narcotic drug statute (RSA 318-A:21 III (supp)) prohibiting being “in the company of a person knowing that person is illegally in possession of a narcotic drug” explicitly sets out […]

366 A.2d 499 THOMAS K. DAVENHALL v. ALBERT J. CAMERON ROBERT SCHULTE AND BARBARA SCHULTE v. THOMAS DAVENHALL No. 7398Supreme Court of New Hampshire Strafford Decided November 30, 1976 1. Once a highway is established, it is presumed to exist until discontinued, and discontinuance is not favored in the law. 2. Discontinuance of a highway […]

58 A.2d 726 PETER V. CONDILES v. WAUMBEC MILLS, INC. No. 3734.Supreme Court of New Hampshire Hillsborough. Decided May 4, 1948. An exception to a decree as “against the law” presents no question of law not previously saved by exception. A decree will not be set aside “as against the weight of the evidence” unless […]

474 A.2d 564 THE STATE OF NEW HAMPSHIRE v. MICHAEL B. No. 82-556Supreme Court of New Hampshire Strafford Decided March 2, 1984 1. Criminal Law — Sentence — Determination Where defendant pleaded guilty to a charge of felony arson and was given a one-year suspended sentence with the additional statement “conditional discharge if merited,” the […]

640 A.2d 780 TOWN OF LITTLETON a. v. KATHRYN TAYLOR No. 93-250Supreme Court of New Hampshire Grafton Decided April 12, 1994 1. Appeal and Error — Dismissal of Complaint — Standards for Review Trial court’s dismissal of declaratory judgment petition regarding legality of defendant’s simultaneous employment as librarian and service as town selectman would not […]

53 A.2d 328 McINTIRE ENTERPRISES, INC. v. JOSEPH GEIGER. No. 3665.Supreme Court of New Hampshire Rockingham. Decided June 3, 1947. A notice to quit certain described premises “on or before” a specified date sufficiently fixes the termination of the tenancy “at a day named” in such notice within the meaning of R. L., c. 413, […]

745 A.2d 1155 TOWN OF SEABROOK v. VACHON MANAGEMENT, INC. a. No. 98-139Supreme Court of New Hampshire Rockingham Decided February 8, 2000 1. Zoning and Planning — Generally — Exceptions, Variances, and Nonconforming Uses An established use of land is not disturbed by a subsequent land restriction; to qualify for such protection, a nonconforming use […]

137 A.2d 405 Joseph Robert Currier a. v. Allied New Hampshire Gas Co. No. 4612.Supreme Court of New Hampshire Strafford.Argued December 3, 1957. Decided December 31, 1957. 1. Federal income tax returns are not privileged as a matter of law in civil litigation where the returns are material to the claims of the parties. 2. […]

312 A.2d 695 STATE OF NEW HAMPSHIRE v. ELSWORTH N. GREENWOOD No. 6533Supreme Court of New Hampshire Belknap Decided November 30, 1973 1. An indictment is constitutional if it alleges every element of the offense charged and sufficiently apprises a defendant of its factual basis so that he may prepare his defense. 2. State’s proof […]

373 A.2d 345 THE STATE OF NEW HAMPSHIRE v. PETER HESSE No. 7570Supreme Court of New Hampshire Strafford Decided April 29, 1977 1. Mental Health — Commitment — Release Petitioner, seeking release from a psychiatric hospital for the criminally insane to which he had been confined following a plea of not guilty by reason of […]

663 A.2d 83 THE STATE OF NEW HAMPSHIRE v. DOUGLAS JAMES No. 93-371Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 27, 1995 1. Criminal Law — New Hampshire Constitution — Right To Produce All Favorable Proofs Trial court’s exclusion of proffered expert testimony did not violate defendant’s State constitutional right to present all […]

834 A.2d 369 TM ASSOCIATES, INC. v. PETER GOODRICH a. No. 2002-520.Supreme Court of New Hampshire GraftonArgued: September 10, 2003. Opinion Issued: October 20, 2003. 1. Appeal and Error — Preservation of Questions — Particular Cases Plaintiff did not challenge the admission of an expert’s testimony and exhibits on appeal; rather, it challenged the amount […]

465 A.2d 1201 THE STATE OF NEW HAMPSHIRE v. MARY A. ROBINSON No. 81-463Supreme Court of New Hampshire Hillsborough Decided July 19, 1983 1. Witnesses — Impeachment — Prior Convictions New Hampshire law is clear that evidence of prior criminal convictions may be admitted in the discretion of the trial court when the defendant has […]

790 A.2d 792 THE STATE OF NEW HAMPSHIRE v. DANIEL BRIGGS a. No. 2000-464Supreme Court of New Hampshire Auburn District Court Decided February 11, 2002 1. Offenses — Particular Crimes — Obstructing GovernmentAdministration With respect to intent, the offense of obstructing government administration requires only a conscious object to interfere with the public servant; defendant’s […]

462 A.2d 114 MARCELLE L. KINSELLA v. RAYMOND P. KINSELLA No. 82-440Supreme Court of New Hampshire Hillsborough Decided June 15, 1983 Divorce — Alimony — Extension Trial court did not err in granting former wife’s petition to extend payment of alimony for an additional three years in the reduced amount of $475 per month, where […]

368 A.2d 1177 FREDERICK B. LAWRENCE and RICHARD B. LAWRENCE d.b.a. LAWRENCE BROTHERS v. TERRY A. BISHOP and FREDERICA A. BISHOP No. 7419Supreme Court of New Hampshire Keene District Court Decided December 30, 1976 1. No transcript or exhibits were filed, no errors appeared in the record, and the court’s findings sustained its verdict. Goodnow, […]

407 A.2d 822 JOSEPH W. GELDHOF v. PENWOOD ASSOCIATES No. 79-099Supreme Court of New Hampshire Concord District Court Decided October 12, 1979 1. Statutes — Construction and Application — Retrospective Operation A statute is retrospective if it takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new […]

330 A.2d 112 DAVID E. KINCHLA a. v. WILLIAM L. BAUMNER III a. No. 6861Supreme Court of New Hampshire Rockingham Decided December 31, 1974 1. When construing a statute, the supreme court will look to both legislative intent and legislative objectives. 2. RSA 510:4 I (Supp. 1973) is by its language confined to nonresidents only; […]

23 A.2d 873 MICHAEL J. DUGAN v. MANCHESTER FEDERAL SAVINGS LOAN ASSOCIATION, a. No. 3267.Supreme Court of New Hampshire Hillsborough. Decided January 6, 1942. The title of a bona fide purchaser of property at a sale conducted by the mortgagee in pursuance of a power of sale contained in the mortgage and in conformity to […]

441 A.2d 1163 THE STATE OF NEW HAMPSHIRE v. SHERMAN ARILLO No. 81-195Supreme Court of New Hampshire Hillsborough Decided February 12, 1982 1. Evidence — Expert Evidence — Hypotheticals Where defendant who had been charged with second-degree assault objected to the allowance of the testimony of a doctor on the seriousness of the injury to […]

584 A.2d 752 THE STATE OF NEW HAMPSHIRE v. JERRY D. MENARD No. 88-434Supreme Court of New Hampshire Sullivan Decided December 28, 1990 1. Appeal and Error — Preservation of Questions — Timeliness A moving party may not raise objections regarding the admissibility of evidence at trial for the first time in a motion for […]

281 A.2d 155 CUTLER GODFREY v. DORIS Q. GODFREY. No. 6297.Supreme Court of New Hampshire Original. Decided July 29, 1971. 1. Mandamus is an extraordinary remedy that is granted only when there is a clear and apparent right to the relief requested and when no other adequate relief is available. 2. The plaintiff’s petition for […]

665 A.2d 341 MARK LORETTE v. PETER-SAM INVESTMENT PROPERTIES a. No. 93-833Supreme Court of New Hampshire Hillsborough-northern judicial district Decided September 19, 1995 1. Negligence — Duty — Basis for Duty Personal injury plaintiff’s argument that RSA 215-A:34, II immunizes commercial users of land only when they maintain the land in a relatively Page 209 […]

776 A.2d 1260 NORMA BELL v. LIBERTY MUTUAL INSURANCE COMPANY. No. 98-460Supreme Court of New Hampshire Strafford March 26, 2001 1. Commerce — Consumer Protection Laws — StatutoryConstruction Exemption analysis under paragraph I of RSA 358-A:3, focuses on whether a trade or commerce is subject to a regulatory board or officer authorized by statute. RSA […]

561 A.2d 1078 JAMES H. JORDAN v. THE STATE OF NEW HAMPSHIRE No. 88-358Supreme Court of New Hampshire Rockingham Decided July 14, 1989 1. Motor Vehicles — Alcohol Tests — Refusal To Take Test A driver must comply with all procedures necessary to produce accurate measurements of breath-alcohol levels, and he refuses to submit to […]

339 A.2d 9 HARVEY R. MARTEL, JR. v. PARKER L. HANCOCK, WARDEN OF STATE PRISON, a. No. 6206Supreme Court of New Hampshire Hillsborough Decided May 30, 1975 1. Although the constitutional question whether upon a writ of habeas corpus the superior court has jurisdiction to review actions of the parole board may be moot because […]

5 A.2d 270 THOMAS F. McGREAVEY v. WILLIAM PARKER STRAW a. Receivers No. 3021Supreme Court of New Hampshire Hillsborough Decided March 7, 1939 Section 66 of the Federal Judicial Code (U.S. Code Ann. Title 28, s. 125) providing that “every receiver or manager of any property, appointed by” any federal court, “may be sued in […]

553 A.2d 321 THE STATE OF NEW HAMPSHIRE v. STEPHEN GIGAS No. 88-050Supreme Court of New Hampshire Strafford Decided December 30, 1988 Searches and Seizures — Warrantless Searches — Exigent Circumstances Where trial court did not address the question of exigent circumstances in denying motion to suppress evidence seized pursuant to a non-consensual warrantless entry […]

95 A.2d 780 MERCHANTS NATIONAL BANK v. JOHN F. SULLIVAN a. No. 4190.Supreme Court of New Hampshire Strafford. Decided April 7, 1953. The enforcement of the rules of the Superior Court rests within the discretion of that court. There was no abuse of discretion in the denial of defendants’ motion to extend the time for […]

453 A.2d 1327 THE STATE OF NEW HAMPSHIRE v. DAVID W. VAILLANCOURT No. 81-291Supreme Court of New Hampshire Hillsborough Decided December 30, 1982 1. Indictment and Information — Specificity — Generally It is an axiomatic principle that an indictment must allege some criminal activity. 2. Criminal Law — Accessories and Principals — Elements The crime […]

402 A.2d 623 RUDOLPH S. NELSON, JR. v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE No. 78-236Supreme Court of New Hampshire Manchester District Court Decided May 17, 1979 1. Public Utilities — Rate Increases — Overcharges Alleged Supreme court allowed an energy consumer who alleged that he was overcharged by a public utility company to petition […]

663 A.2d 605 THE STATE OF NEW HAMPSHIRE v. MARK LUCIUS No. 93-835Supreme Court of New Hampshire Cheshire Decided July 27, 1995 1. Evidence — Generally — Nature of Evidence State’s failure to turn over full investigatory file to defendant violated defendant’s right to material exculpatory evidence and required reversal on all four convictions where […]

365 A.2d 127 LYFORD HUTCHINS v. EUGENIA R. DEL ROSSO No. 6498Supreme Court of New Hampshire Carroll Decided July 30, 1976 1. In the absence of personal service within this State, jurisdiction over a nonresident can only be obtained if the legislature has provided another method of service of process. 2. The docket of proceedings […]

288 A.2d 691 DONALD M. McINNIS a. v. TOWN OF HAMPTON AND EARL ADAMS. No. 6267.Supreme Court of New Hampshire Rockingham. Decided March 7, 1972. 1. A ruling that acquisition of a prescriptive right to certain shorefront lots of a town was precluded by statute (RSA 477:34) was warranted by evidence that the lots had […]

79 A.2d 625 ARILDA SAYKALY v. MANCHESTER. No. 3963.Supreme Court of New Hampshire Hillsborough. Decided April 3, 1951. The granting of plaintiff’s motion to dismiss without prejudice after the case had been reopened by request of the defendant but before a final decree had been entered was within the sound discretion of the Trial Court. […]

517 A.2d 800 VERMONT MUTUAL INSURANCE COMPANY v. MILLER DAY MALCOLM No. 85-357Supreme Court of New Hampshire Belknap Decided October 2, 1986 1. Words and Phrases — Accident An accident is an undesigned contingency, a happening by chance, something out of the usual course of things, unusual, fortuitous, not anticipated, and not naturally to be […]

317 A.2d 789 STATE OF NEW HAMPSHIRE v. GERARD C. ST. ARNAULT No. 6739Supreme Court of New Hampshire Manchester District Court Decided March 29, 1974 1. Purpose of a preliminary hearing is to determine whether probable cause exists to believe that an offense beyond the jurisdiction of the court has been committed and that the […]

378 A.2d 1138 MARTHA PELOQUIN BROWN AND RICHARD BROWN v. MARY HITCHCOCK MEMORIAL HOSPITAL HITCHCOCK CLINIC INC. JOHN MILNE ROBERT VANDERLINDE RICHARD SOBEL No. 7771Supreme Court of New Hampshire Rockingham Decided September 30, 1977 1. Limitation of Action — Discovery of Cause of Injury or Damage Under discovery rule, cause of action does not accrue […]

47 A.2d 827 PHOENIX INDEMNITY COMPANY v. EDWARD J. CONWELL a. No. 3596.Supreme Court of New Hampshire Rockingham. Decided June 27, 1946. A policy of automobile liability insurance, covering a motor vehicle described therein owned by the insured and providing further coverage to the insured in the operation of other motor vehicles, cannot limit such […]

374 A.2d 427 THE STATE OF NEW HAMPSHIRE v. JOHN E. KENNA No. 7725Supreme Court of New Hampshire Hillsborough Decided April 15, 1977 1. Evidence — Hearsay — Admissibility In prosecution for first degree murder, shooting of victim at close range in abdomen with high powered rifle, which resulted in victim undergoing surgery within one […]

761 A.2d 426 APPEAL OF THE LONDONDERRY NEIGHBORHOOD COALITION No. 99-471Supreme Court of New Hampshire Energy Facility Site Evaluation Committee Decided August 18, 2000 1. Administrative Law — Judicial Review — Standing To have standing to appealing a decision of an administrative agency denying a motion for rehearing, appellant must demonstrate that it has suffered […]

398 A.2d 842 FREDERICK F. McGRATH a. v. CITY OF MANCHESTER No. 78-222Supreme Court of New Hampshire Hillsborough Decided February 28, 1979 1. Municipal Corporations — Municipal Services — Sewer and Water In an action challenging city ordinance governing sewer rental charges, evidence was sufficient to support master’s finding that the old sewer system was […]

262 A.2d 278 LANCASTER DEVELOPMENT CORPORATION v. GEORGE T. KATTAR a. No. 5991Supreme Court of New Hampshire Coos Decided February 27, 1970 1. A deed containing the language, “[P]ursuant to this condition, the parties specifically may not use the land as security for any mortgage, nor cut or remove any growth of any kind therefrom, […]

386 A.2d 1261 TERRI BEAUDOIN v. RAYMOND BEAUDOIN PAMELA BEAUDOIN v. RAYMOND BEAUDOIN No. 7904Supreme Court of New Hampshire Strafford Decided May 9, 1978 1. Parent and Child — Parental Rights — Earnings and Services of Child While it has long been established law in New Hampshire that parents are entitled to earnings and services […]