Category: New Hampshire Court Opinions

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 […]

385 A.2d 223 THE STATE OF NEW HAMPSHIRE v. CAROL M. FOURNIER No. 7901Supreme Court of New Hampshire Belknap Decided April 7, 1978 1. Criminal Law — Plea of Guilty — Consequences A defendant need only be advised of the direct consequences of his guilty plea and not of consequences collateral. RSA 262-B:2 (Supp. 1975). […]

18 A.2d 190 MARY BUSICK v. HOME OWNERS LOAN CORPORATION. No. 3216.Supreme Court of New Hampshire Hillsborough. Decided February 4, 1941. In general a landlord is under no legal duty to repair the leased premises. If obligated to do so by the express terms of the tenancy, he is not liable in an action of […]

89 A.2d 751 CHICOPEE MANUFACTURING COMPANY a. v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. THE STATE OF NEW HAMPSHIRE v. SAME. No. 4141.Supreme Court of New Hampshire Public Utilities Commission. Decided June 26, 1952. MOTIONS, in aid of two appeals, under the provisions of Revised Laws, chapter 414, as amended by Laws 1951, chapter 203, […]

642 A.2d 329 RICHARD BREAGY v. RONALD STARK a. No. 92-639Supreme Court of New Hampshire Hillsborough-southern judicial district Decided May 19, 1994 1. Discovery — Generally — Scope and Purpose Discovery is proper as long as information sought appears reasonably calculated to lead to discovery of admissible evidence; absent a claim of privilege or irrelevance, […]

92 A.2d 161 EVA DRAKE v. RETTA M. BOWLES d/b/a MY LADY BEAUTY SHOP. No. 4136.Supreme Court of New Hampshire Strafford. Decided November 5, 1952. In an action for personal injuries it was not error to require the plaintiff to submit herself to an ordinary physical examination by a particular licensed physician as requested by […]

914 A.2d 246 GENERAL ELECTRIC COMPANY, INC. v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION. No. 2005-668.Supreme Court of New Hampshire Merrimack.Argued: July 21, 2006. Opinion Issued: December 5, 2006. 1. Dismissal — Practice and Procedure — Review In considering a motion to dismiss, the standard of review is whether the allegations in plaintiff’s pleadings […]

497 A.2d 851 PEARL E. CHABOT v. WILFRED E. CHABOT No. 84-506Supreme Court of New Hampshire Rockingham Decided July 24, 1985 1. Pleading — Motion To Amend — Review Defendant’s failure to object within ten days to plaintiff’s motion to amend her libel for divorce is deemed a waiver of defendant’s right to a hearing […]

281 A.2d 53 AMERICAN ASBESTOS TEXTILE CORP. a. v. LIDIA R. RYDER. No. 6213.Supreme Court of New Hampshire Belknap. Decided July 29, 1971. 1. An employee’s continuing total disability was properly found and ruled to be chargeable to the accidental injury she received in the course of her employment and not to her unreasonable conduct, […]

423 A.2d 603 APPEAL OF THE PORTSMOUTH TRUST COMPANY APPEAL OF THE PISCATAQUA SAVINGS BANK APPEAL OF THE FIRST NATIONAL BANK OF PORTSMOUTH APPEAL OF THE PORTSMOUTH COOPERATIVE BANK APPEAL OF THE PORTSMOUTH SAVINGS BANK (Board of Trust Company Incorporation) Nos. 80-181 80-182 80-183 80-184 80-185Supreme Court of New Hampshire Board of Trust Company Incorporation […]

623 A.2d 755 JOHN R. MURDOCK v. CITY OF KEENE No. 92-262Supreme Court of New Hampshire Cheshire Decided April 13, 1993 1. Negligence — Damages — Suicides As a general rule, negligence actions seeking damages for the suicide of another will not lie because the act of suicide is considered a deliberate, intentional and intervening […]

700 A.2d 302 GEORGE D. CULOTTA a. v. NEW HAMPSHIRE DEPARTMENT OF LABOR a. No. 95-758Supreme Court of New Hampshire Hillsborough-northern judicial district Decided September 23, 1997 1. Torts — Generally — Sovereign Immunity In order to establish the State’s intentional tort liability, a plaintiff must prove that the offending State employee not only lacked […]

529 A.2d 399 DENNIS LITTKY v. WINCHESTER SCHOOL DISTRICT No. 86-408Supreme Court of New Hampshire Cheshire Decided August 6, 1987 1. Statutes — Construction and Application — Administrative Construction The construction of a statute by those charged with its administration is entitled to substantial deference, and may be persuasive. 2. Schools and School Districts — […]

402 A.2d 626 LEGISLATIVE UTILITY CONSUMERS’ COUNCIL v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE a. No. 78-020 No. 78-173Supreme Court of New Hampshire Public Utilities Commission Decided May 17, 1979 1. Public Utilities — Regulatory Agencies — Powers Statutory authority to set public utility rates in New Hampshire has long existed exclusively in the public […]

680 A.2d 604 JACINTO RODRIGUEZ, JR. v. ROBERT WEBB, SR. d/b/a BOB’S HEAVY EQUIPMENT No. 94-534Supreme Court of New Hampshire Rockingham Decided July 11, 1996 1. Evidence — Relevance — Particular Cases The defendant’s argument that the baler itself was not relevant, and hence its destruction was of no consequence in personal injury case, was […]

693 A.2d 408 TAMMY HUGUELET v. ALLSTATE INSURANCE COMPANY No. 95-736Supreme Court of New Hampshire Rockingham Decided April 24, 1997 1. Insurance — Parties; Rights and Duties — Payment and Discharge of Liability In a dispute over whether plaintiff’s acceptance of a settlement check for injuries sustained in an accident with defendant’s insured released defendant […]

281 A.2d 50 DAVIDSON RUBBER COMPANY, INC. v. ANDREA MATHERSON. No. 6153.Supreme Court of New Hampshire Strafford. Decided July 29, 1971. 1. When the evidence indicated that simple surgery with a minor risk would have cured the disability, an employee’s continuing disability from an accidental injury arising in the course of her employment was properly […]

290 A.2d 621 ANTHONY W. OLESKEY v. STATE. No. 6130.Supreme Court of New Hampshire Merrimack. Decided April 28, 1972. 1. Permanent appointment of a permanent State classified employee to a position of limited duration, subject to the probationary period required by the State Personnel Division’s rules, would entitle him to unemployment compensation benefits under RSA […]

314 A.2d 677 NOELLA DONATO AND JOHN DONATO v. ADELARD BOUTIN No. 6711Supreme Court of New Hampshire Coos Decided January 31, 1974 1. Whether an instruction on a particular issue is necessary to assist the jury in making its determination is within the sound discretion of the trial court. 2. Record warranted trial court to […]

604 A.2d 956 MARY W. ZUKIS v. TOWN OF FITZWILLIAM a. No. 90-274Supreme Court of New Hampshire Cheshire Decided March 20, 1992 1. Appeal and Error — Standards of Review — Generally On appeal supreme court will uphold trial court unless its decision is not supported by the evidence or is legally erroneous. 2. Zoning […]

157 A.2d 649 CHARLES E. HODGES v. KENSINGTON. No. 4789.Supreme Court of New Hampshire Rockingham.Argued December 2, 1959. Decided January 27, 1960. 1. A taxpayer whose real property is assessed at more than its true value is entitled to an abatement if the assessment is disproportionately higher in relation to its true value than that […]

395 A.2d 511 THE STATE OF NEW HAMPSHIRE v. MICHAEL C. WARD No. 78-100Supreme Court of New Hampshire Rockingham Decided December 20, 1978 1. Evidence — Certified Copies of Prior Convictions — Admissibility Certified copies of prior convictions prepared by a clerk of court are admissible into evidence. RSA 516:30. 2. Evidence — Certified Copies […]

209 A.2d 736 PETITION OF GENNARO PICCOLI. No. 5337.Supreme Court of New Hampshire Original.Filed January 26, 1965. Submitted March 3, 1965. Decided April 30, 1965. 1. A petition for a writ of habeas corpus filed as an original proceeding in the Supreme Court was dismissed for lack of prosecution where neither the petitioner, at liberty […]

843 A.2d 963 CARY SILVERSTEIN v. TOWN OF ALEXANDRIA. No. 2003-388.Supreme Court of New Hampshire Plymouth District CourtArgued: January 14, 2004. Opinion Issued: March 15, 2004. 1. Weapons — Generally — Licensing In reviewing appeals from denial of a license to carry a loaded pistol or revolver, in the absence of a sufficient record of […]

223 A.2d 520 AL SAUCIER SON, INC. v. RUFUS H. McVETTY a. No. 5507.Supreme Court of New Hampshire Coos.Argued September 8, 1966. Decided October 31, 1966. 1. In an action to recover for labor and materials furnished, and for extras, in the construction of improvements to a dwelling house, the evidence warranted the finding that […]

557 A.2d 270 THE STATE OF NEW HAMPSHIRE v. JEFFREY W. TUCKER No. 87-380Supreme Court of New Hampshire Rockingham Decided April 7, 1989 1. Constitutional Law — Miranda Warning — Custodial Interrogation The police must inform an individual of his or her rights under Miranda v. Arizona, 384 U.S. 436 (1966), prior to commencing custodial […]

384 A.2d 134 JOHN KING a. v. PAUL NEDOVICH a. No. 7946Supreme Court of New Hampshire Grafton Decided March 24, 1978 Parties — Substitution — Allowed Where plaintiffs’ insurer moved to intervene and to substitute itself as party plaintiff in actions brought by plaintiffs, and insurer alleged that it had paid plaintiffs $6,817.99 under homeowner’s […]

794 A.2d 806 THE STATE OF NEW HAMPSHIRE v. VALERIE LITVIN No. 2001-045Supreme Court of New Hampshire CoosArgued: February 13, 2002 Opinion Issued: April 17, 2002 1. Criminal Law — Self-Incrimination — Civil Proceedings In prosecution for unauthorized taking, admission of defendant’s statements given by her during city’s investigation of funds missing from her department […]

420 A.2d 301 EDWARD J. SILVA v. DONALD H. BOTSCH a. No. 80-175Supreme Court of New Hampshire Hillsborough Decided September 10, 1980 1. Constitutional Law — Mootness Doctrine — Discretion Question of mootness is one of convenience and discretion and is not subject to hard-and-fast rules. 2. Statutes — Construction and Application — Legislative Intent […]

428 A.2d 1238 APPEAL OF CHERYL FOURNIER a. v. THE STATE OF NEW HAMPSHIRE a. JANET GREENWOOD v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY a. Nos. 79-306 79-307Supreme Court of New Hampshire Rockingham Strafford Decided April 17, 1981 1. Unemployment Compensation — Denial of Benefits — Review If an appeal tribunal of State’s Department […]

380 A.2d 1099 STATE OF NEW HAMPSHIRE v. JOHN A. SHEA No. 7736Supreme Court of New Hampshire Rockingham Decided December 16, 1977 Criminal Law — Plea-Bargaining — Retraction of Plea Prior supreme court decision, which would allow defendant to retract his plea of guilty in case in which plea was entered in accordance with plea […]

546 A.2d 1047 ROSEMARIE HILLEBRAND v. THOMAS A. HILLEBRAND No. 87-022Supreme Court of New Hampshire Sullivan Decided June 6, 1988 1. Divorce — Trial Court — Discretion Trial courts have broad discretion in divorce matters, and their decision will be upheld unless an abuse of discretion is shown or the court erred as a matter […]

440 A.2d 445 WALTER J. INGAHARRO v. JACQUES E. BLANCHETTE a. No. 81-054Supreme Court of New Hampshire Rockingham Decided January 20, 1982 1. Contracts — Parol Evidence Rule The parol evidence rule does not preclude the use of evidence tending to prove fraud or misrepresentation. 2. Contracts — Parol Evidence Rule In an action brought […]

447 A.2d 128 THE STATE OF NEW HAMPSHIRE v. EDWIN W. PAGE, II No. 82-019Supreme Court of New Hampshire Hillsborough Decided June 11, 1982 Appeal and Error — Affirmance — Grounds The decision of the supreme court in Novosel v. Helgemoe, 118 N.H. 115 (1978), that sanity should not be treated as an element of […]

508 A.2d 1045 In re DAVID B. (New Hampshire Division of Mental Health and Developmental Services) No. 84-528Supreme Court of New Hampshire Original Decided April 9, 1986 1. Administrative Law — Judicial Review — Standards The test to determine whether to grant a writ of certiorari is whether the agency has acted illegally in respect […]

411 A.2d 1101 ROGER BELIVEAU, ADMINISTRATOR OF THE ESTATE OF RICHARD BELIVEAU v. NORFOLK DEDHAM MUTUAL FIRE INSURANCE COMPANY AND CONCORD GENERAL MUTUAL INSURANCE COMPANY No. 79-016Supreme Court of New Hampshire Hillsborough Decided February 14, 1980 1. Insurance — Liability for Damage or Injury — Wording of Policy Absent statutory provisions or public policy to […]

512 A.2d 432 In re GENE B. No. 85-207Supreme Court of New Hampshire Hillsborough Decided July 17, 1986 1. Criminal Law — Sentence — Determination Practical results of sentencing changes are looked to when construing the requirement of State v. Wheeler, 120 N.H. 496 (1980), that any substantial increase in the length or severity of […]

703 A.2d 1364 THE STATE OF NEW HAMPSHIRE v. JAMES E. RYAN No. 96-195Supreme Court of New Hampshire Hillsborough-northern judicial district Decided December 29, 1997 1. Criminal Law-Judgment and Sentence — Appeal Because a sentence is a decision on the merits that a defendant may appeal to the supreme court, a defendant has, pursuant to […]

363 A.2d 199 CAPITOL PLUMBING HEATING SUPPLY CO., INC. v. STATE OF NEW HAMPSHIRE No. 7381Supreme Court of New Hampshire Merrimack Decided August 31, 1976 1. The owner of land abutting on a street or highway has a private right of access in that street or highway to go to and from the land and […]

129 A.2d 859 THE MECHANICKS NATIONAL BANK OF CONCORD Tr. u/w of Charles Sherman Hall v. ERNEST R. D’AMOURS, Director of Charitable Trusts, The State of New Hampshire. No. 4545.Supreme Court of New Hampshire Merrimack.Argued January 3, 1957. Decided March 4, 1957. The assets of a trust which does not expressly or impliedly prohibit investment […]

493 A.2d 1193 NANCY GOULD, ADMINISTRATRIX OF THE ESTATE OF ERWIN F. GOULD v. CONCORD HOSPITAL a. No. 84-319 No. 84-368 No. 84-376Supreme Court of New Hampshire Rockingham Decided April 18, 1985 1. Appeal and Error — Dismissal of Complaint — Standards for Review In considering a motion to dismiss, the plaintiff’s allegations are regarded […]

102 A.2d 504 SUN VALLEY BEACH, INC. v. EDWIN G. WATTS a. No. 4160.Supreme Court of New Hampshire Rockingham.Argued December 1, 1953. Decided January 29, 1954. Where the original owner of a large tract of land subdivided it into lots under a general plan and imposed upon certain lots sold therefrom restrictions against use for […]

241 A.2d 372 ALICE O. DOIRON v. JOSEPH A. DOIRON. No. 5639.Supreme Court of New Hampshire Hillsborough.Argued November 7, 1967. Decided April 30, 1968. 1. In an action brought in this state by a wife against her husband while both parties were domiciled in Massachusetts, for injuries previously sustained in this state as the result […]

13 A.2d 475 EVERETT G. PERKINS v. NEW HAMPSHIRE POWER CO., a. No. 3112.Supreme Court of New Hampshire Merrimack. Decided March 5, 1940. A finding having been made by the Public Service Commission pursuant to P. L., c. 240, s. 27 that the public good would be served by a transfer and sale of the […]

499 A.2d 986 THE STATE OF NEW HAMPSHIRE v. MAUREEN CORMIER No. 84-509Supreme Court of New Hampshire Belknap Decided August 16, 1985 1. Constitutional Law — New Hampshire Constitution — Self-Incrimination State constitutional privilege against self-incrimination applies only to evidence provided by a defendant that is of testimonial character. N.H. CONST. pt. 1, art. 15. […]

440 A.2d 448 THE STATE OF NEW HAMPSHIRE v. JAY MARION No. 81-092Supreme Court of New Hampshire Merrimack Decided January 15, 1982 1. Arson — Statutes — Purpose The purpose of the paragraph incorporated by reference in the arson statute which provides for the definition of “property of another” is to include within the sweep […]

591 A.2d 1316 ROBERT E. BAILEY AND JOANN W. BAILEY v. JOSEPH A. MUSUMECI No. 89-298Supreme Court of New Hampshire Rockingham Decided June 5, 1991 1. Contracts — Rescission — Unilateral Mistake Criteria established in Curran Company v. State, 106 N.H. 558 (1905), for rescission of a contract based upon unilateral mistake need not be […]

302 A.2d 115 WILLIAM MUELLER a. v. HOPKINTON TOWN CLERK a. No. 6619Supreme Court of New Hampshire Merrimack Decided March 2, 1973 1. Where mandamus to require inclusion of a proposed zoning amendment in a warrant for a town meeting was denied by the trial court, the supreme court, without reaching the merits and despite […]

317 A.2d 553 STATE OF NEW HAMPSHIRE v. MABEL G. CUTTING No. 6647Supreme Court of New Hampshire Claremont District Court Decided March 29, 1974 1. Reasonable precision in the definition of the crime proscribed is an essential requirement of a criminal statute. 2. The terms of a criminal statute must be sufficiently explicit to inform […]

21 A.2d 166 JOSEPH HASHIM v. GEORGE A. CHIMIKLIS. No. 3246.Supreme Court of New Hampshire Hillsborough. Decided June 25, 1941. The owner or possessor of premises owes to a licensee the duty to give him reasonable information as to dangerous conditions not open to his observation and of which the owner knows or should know. […]

406 A.2d 720 WISE SHOE COMPANY, INC. v. TOWN OF EXETER SPORTS-TEK, INC. v. TOWN OF EXETER No. 79-088Supreme Court of New Hampshire Rockingham Decided August 20, 1979 1. Taxation — Appraisal and Assessment — Abatements To show that an abatement is justified, taxpayer must prove by preponderance of the evidence that the assessment placed […]