585 A.2d 312 WOODSTOCK SOAPSTONE CO., INC. v. BUKK G. CARLETON No. 89-107Supreme Court of New Hampshire Grafton Decided January 28, 1991 1. Contracts — Construction — Ambiguity The language of a contract is ambiguous if the parties reasonably disagree as to the meaning of that language; in resolving the ambiguity, the court must examine […]
Category: New Hampshire Court Opinions
GOSSELIN v. LEMAY, 85 N.H. 13 (1931)
153 A. 716 YVONNE GOSSELIN v. ALFRED LEMAY, JR. ODILON GOSSELIN v. SAME. Supreme Court of New Hampshire Hillsborough. Decided February 3, 1931. Where a case has been tried without objection to any deficiency of the declaration, and certain grounds of liability have been argued and submitted to the jury, the defendant cannot raise the […]
DOUYETTE v. RAILWAY, 69 N.H. 625 (1899)
44 A. 104 DOUYETTE v. NASHUA STREET RAILWAY. Supreme Court of New Hampshire Hillsborough. Decided June, 1899. A request for an instruction that the plaintiff would be entitled to a verdict, if his injury was caused by the faulty construction of a street car, was properly refused, when the writ did not allege a defect […]
PAJU v. RICKER, 110 N.H. 310 (1970)
266 A.2d 836 SONYA PAJU, a minor, by her mother and next friend, IRENE PAJU v. MYRA HEIKKALA RICKER. SONJA PAJU, a minor, by her mother and next friend, IRENE PAJU v. VILHO A. PAJU, JR. IRENE PAJU v. MYRA HEIKKALA RICKER. IRENE PAJU v. VILHO A. PAJU, JR. No. 5913.Supreme Court of New Hampshire […]
WILLETTE v. WHITNEY, 82 N.H. 209 (1926)
131 A. 597 MYRTLE WILLETTE v. MYRON WHITNEY, Adm’r. Supreme Court of New Hampshire Hillsborough. Decided January 5, 1926. In an action against an administrator to recover the value of services rendered the defendant’s intestate, proof that the intestate had promised to convey his farm to the plaintiff by will, as compensation for the services, […]
MERRIMACK INDUS. TRUST v. FIRST NAT. BANK OF BOSTON, 121 N.H. 197 (1981)
427 A.2d 500 MERRIMACK INDUSTRIAL TRUST v. THE FIRST NATIONAL BANK OF BOSTON a. No. 80-093Supreme Court of New Hampshire Carroll Decided March 16, 1981 1. Mortgages — Foreclosure Although mortgage instrument provided that bank would determine dollar amount of mortgagor’s payments into escrow fund, and created an option on part of mortgagee-bank as to […]
PLYMOUTH v. HAVERHILL, 69 N.H. 400 (1898)
46 A. 460 PLYMOUTH v. HAVERHILL. Supreme Court of New Hampshire Grafton. Decided June, 1898. One who is unable from his income to maintain himself and wife, caring for her as her condition requires, and support his son, and has not sufficient credit or property to do so without disposing of his homestead and furniture, […]
OLSEN v. DINAGAN, 84 N.H. 555 (1929)
147 A. 897 ARTHUR OLSEN, Trustee, v. WILLIAM DINAGAN a. Supreme Court of New Hampshire Cheshire. Decided December 3, 1929. PETITION, to construe a clause of a will leaving a share of the testator’s estate in trust for a son to have the income of it while he lived, the trust to terminate and the […]
STATE v. SALSMAN, 112 N.H. 138 (1972)
290 A.2d 618 STATE v. ELMER SALSMAN a. No. 6169.Supreme Court of New Hampshire Carroll. Decided April 28, 1972. 1. The presence of the county attorney before a magistrate to present sworn testimony does not prevent the magistrate from being “neutral and detached.” 2. Conclusory statements in an affiant’s written application for a search warrant, […]
LAMKIN v. JOHNSON, 72 N.H. 344 (1903)
56 A. 750 LAMKIN a. v. JOHNSON. Supreme Court of New Hampshire Sullivan. Decided December 1, 1903. A motion for a nonsuit is properly denied when there is any evidence to warrant a verdict in favor of the party upon whom the burden of proof is imposed. TROVER, for sixteen cases of rubber boots and […]
MINER v. HOPKINTON, 73 N.H. 232 (1905)
60 A. 433 MINER v. HOPKINTON. Supreme Court of New Hampshire Merrimack. Decided March 7, 1905. A cut resulting from the construction of a highway at a lower level than the adjacent land is not a “dangerous embankment,” within the meaning of section 1, chapter 59, Laws 1893. A dangerous accumulation of snow in a […]
STATE v. SORRELL, 120 N.H. 472 (1980)
416 A.2d 1375 THE STATE OF NEW HAMPSHIRE v. LAURENT SORRELL No. 79-276Supreme Court of New Hampshire Laconia District Court Decided June 25, 1980 1. Appeal and Error — Burden of Showing Prejudice An error in the exercise of trial court’s discretion upon matters relating to pre-trial discovery will not constitute reversible error unless it […]
STORRS v. STORRS, 68 N.H. 118 (1894)
34 A. 672 STORRS v. STORRS. Supreme Court of New Hampshire Grafton. Decided June, 1894. In a libel for divorce for abandonment, the time during which the libellee has been insane cannot be included in computing the statutory period of three years. LIBEL FOR DIVORCE, for abandonment, filed September 27, 1893. The parties were married […]
STATE v. ALEXANDER, 143 N.H. 216 (1998)
723 A.2d 22 THE STATE OF NEW HAMPSHIRE v. STEVEN ALEXANDER No. 96-339Supreme Court of New Hampshire Sullivan Decided December 23, 1998 1. Appeal and Error — Preservation of Questions — FailureTo Make Specific Objections Where arson defendant failed to specifically assert constitutional objection to trial court’s exclusion of domestic violence evidence, and instead directed […]
CLAVEAU v. PLANTIER, 102 N.H. 487 (1960)
161 A.2d 166 THOMAS J. CLAVEAU v. PAUL PLANTIER. No. 4807.Supreme Court of New Hampshire Hillsborough.Submitted April 6, 1960. Decided May 31, 1960. 1. In the purchase of an unfinished house with no written purchase and sales agreement between the parties, an agreement to supply materials in connection with the sale and conveyance is such […]
MANUFACTURING CO. v. GILFORD, 64 N.H. 337 (1887)
10 A. 849 WINNIPISEOGEE LAKE COTTON AND WOOLEN MFG. CO. v. GILFORD. Supreme Court of New Hampshire Belknap. Decided June, 1887. Rights, in a reservoir of water are real estate, and taxable in the town where the and by which the reservoir is created is situated. Upon the question of the value of such rights, […]
CATHOLIC MED. CTR. v. EXECUTIVE RISK INDEM., 151 N.H. 699 (2005)
867 A.2d 453 CATHOLIC MEDICAL CENTER a. v. EXECUTIVE RISK INDEMNITY, INC. No. 2004-326.Supreme Court of New Hampshire U.S. District Court.Argued: October 20, 2004. Opinion Issued: February 4, 2005. 1. Insurance — Policies — Terms and Phrases The phrase “gives . . . notice” in the notice provision of a liability insurance policy is unambiguous […]
STATE v. HALL, 154 N.H. 180 (2006)
THE STATE OF NEW HAMPSHIRE v. JAMES J. HALL. No. 2005-649.Supreme Court of New Hampshire Merrimack.Argued: June 8, 2006. Opinion Issued: September 26, 2006. 1. Criminal Law — New Hampshire Constitution — Right to Counsel In deciding whether the State Constitution mandates the appointment of counsel in a given proceeding, the court considers: (1) the […]
TOWN OF HANOVER v. CITY OF LEBANON, 116 N.H. 264 (1976)
357 A.2d 115 TOWN OF HANOVER v. CITY OF LEBANON No. 7390Supreme Court of New Hampshire Board of Taxation Decided April 30, 1976 1. The appeal in this case from the board of taxation’s denial of a petition for abatement of taxes was incorrectly brought pursuant to the provisions of RSA ch. 541 rather than […]
GENERAL THERAPHYSICAL, INC. v. DUPUIS, 118 N.H. 277 (1978)
385 A.2d 227 GENERAL THERAPHYSICAL, INC. v. PAUL L. DUPUIS No. 7969Supreme Court of New Hampshire Hillsborough Decided April 25, 1978 1. Limitation of Actions — Installment Contracts When an obligation is to be paid in installments, statute of limitations runs only against each installment as it becomes due even though creditor has option to […]
HUNKINS v. COMPANY, 86 N.H. 356 (1933)
169 A. 3 CATHERINE HUNKINS v. AMOSKEAG MANUFACTURING CO. Supreme Court of New Hampshire Hillsborough. Decided November 7, 1933. A landlord is under a legal duty with respect to the management and repair of those portions of the property which he retains in his own control whether he undertakes the performance of that duty or […]
STATE v. PETERS, 162 N.H. 30 (2011)
27 A.3d 765 THE STATE OF NEW HAMPSHIRE v. TODD PETERS. No. 2009-892.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: April 13, 2011. Opinion Issued: May 12, 2011. 1. Appeal and Error — Harmless Error — Criminal Cases To establish that an error was harmless, the State must prove beyond a reasonable doubt that the […]
ASSOCIATION v. ROCHESTER, 69 N.H. 173 (1897)
45 A. 255 ROCHESTER BUILDING LOAN ASSOCIATION v. ROCHESTER. Supreme Court of New Hampshire Strafford. Decided June, 1897. Building and loan associations are taxable for the sum of their net profits and the amounts paid in by the shareholders, less the statutory exemption. PETITION, for tax abatement. Facts agreed. The plaintiffs are organized under the […]
BOSTON MAINE R. R. v. GALLAGHER, 77 N.H. 588 (1913)
88 A. 1000 BOSTON MAINE RAILROAD a. v. DANIEL J. GALLAGHER a. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1913. BILL IN EQUITY, to enjoin the defendants from entering the station and grounds of the plaintiff railroad, in Manchester, to solicit the carriage of baggage for passengers. The defendants demurred. The essential facts […]
GOODWIN v. BLANCHARD, 73 N.H. 550 (1906)
64 A. 22 GOODWIN a. v. BLANCHARD a. Supreme Court of New Hampshire Sullivan. Decided May 1, 1906. Where counter-affidavits of jurors are submitted in support of a verdict which is assailed on the ground of their misconduct, it is within the discretion of the trial court to permit the moving party to cross-examine them […]
CODDING v. MAKRIS, 104 N.H. 381 (1963)
187 A.2d 804 FREDERICK CODDING by his mother and next friend v. CLAIRE G. MAKRIS. No. 5059.Supreme Court of New Hampshire Hillsborough.Argued December 4, 1962. Decided January 31, 1963. 1. In an action for personal injuries sustained by an eight-year-old child from a sliding accident when struck by defendant’s motor vehicle the jury was properly […]
KING CO. v. ALDRICH, 81 N.H. 42 (1923)
121 A. 434 C. C. KING COMPANY v. EDWARD S. ALDRICH. Supreme Court of New Hampshire Coos. Decided April 3, 1923. Where there is a mutual mistake as to the subject-matter, there is no contract, and money paid under such mistake by one party may be recovered from the other. ASSUMPSIT, to recover money paid […]
STATE v. HENEAULT, 121 N.H. 497 (1981)
431 A.2d 142 THE STATE OF NEW HAMPSHIRE v. ARTHUR J. HENEAULT No. 80-178Supreme Court of New Hampshire Hillsborough Decided June 12, 1981 1. Securities — Sale of Where documents that defendant gave to participants in a “circle of gold” scheme did not purport to convey any interest in property, but were merely receipts for […]
APPEAL OF TOWN OF WOLFEBORO, 152 N.H. 455 (2005)
879 A.2d 1137 APPEAL OF TOWN OF WOLFEBORO. (New Hampshire Board of Tax and Land Appeals). No. 2004-621.Supreme Court of New Hampshire Board of Tax and Land Appeals.Argued: May 10, 2005. Opinion Issued: July 19, 2005. 1. Taxation — Exemptions From Taxation — CharitableOrganizations The benefit of a charitable tax exemption was erroneously granted by […]
NESTOR v. TOWN OF MEREDITH, 138 N.H. 632 (1994)
644 A.2d 548 JAMES F. NESTOR a. v. TOWN OF MEREDITH ZONING BOARD OF ADJUSTMENT a. No. 93-330Supreme Court of New Hampshire Belknap Decided July 6, 1994 1. Administrative Law — Judicial Review — Standards On appeal from superior court review of zoning decision, review is limited to determining whether there was legal error or […]
CAMIRE v. SCIESZKA, 116 N.H. 281 (1976)
358 A.2d 397 DANIEL A. CAMIRE v. CONSTANCE L. SCIESZKA No. 7030Supreme Court of New Hampshire Rockingham Decided May 29, 1976 1. Quasi in rem jurisdiction by attaching the automobile liability policy of the defendant after an accident may be obtained in New Hampshire against a defendant resident of a State that has itself adopted […]
APPEAL OF HOOKER, 142 N.H. 40 (1997)
694 A.2d 984 APPEAL OF JAMES A. HOOKER No. 95-555Supreme Court of New Hampshire (New Hampshire Compensation Appeals Board) Decided May 28, 1997 1. Judgments — Res Judicata — Applicability of Doctrine Res judicata applies to final agency decisions in workers’ compensation cases. In its broadest sense, the term covers all the various ways in […]
APPEAL OF HISCOE, 147 N.H. 223 (2001)
786 A.2d 96 APPEAL OF LOIS HISCOE (New Hampshire Compensation Appeals Board) No. 99-825Supreme Court of New Hampshire Compensation Appeals Board Decided November 26, 2001 1. Constitutional Law — Due Process — Notice and Hearing Fundamental requisite of due process is the right to be heard at a meaningful time and in a meaningful manner; […]
THE HOUSING PARTNERSHIP v. TOWN OF ROLLINSFORD, 141 N.H. 239 (1996)
683 A.2d 189 THE HOUSING PARTNERSHIP v. TOWN OF ROLLINSFORD No. 94-786Supreme Court of New Hampshire Strafford Decided July 29, 1996 1. Taxation — Exemptions from Taxation — Charitable Organizations A nonprofit corporation incorporated for the purposes of developing and preserving safe, affordable housing for low and moderate income persons, providing public education and advocacy […]
STATE v. MCLELLAN, 146 N.H. 108 (2001)
767 A.2d 953 THE STATE OF NEW HAMPSHIRE v. RONALD MCLELLAN No. 98-515Supreme Court of New Hampshire Hillsborough-Southern Judicial District March 7, 2001 1. Jury — Selection Process — Voir Dire Examination Although right to an impartial jury enjoys constitutional protection, manner in which jury voir dire is conducted is wholly within sound discretion of […]
HAYES v. BOSTON MAINE R. R., 78 N.H. 581 (1916)
97 A. 221 WILLIAM S. HAYES, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Strafford. Decided January 4, 1916. CASE, for negligently causing the death of the plaintiff’s intestate, Charles A. Ayer, who was killed on February 12, 1913, by collision with a passenger train, while driving in an open carriage over a […]
HOVEY v. GRANT, 55 N.H. 497 (1875)
HOVEY v. GRANT. Supreme Court of New Hampshire Rockingham. Decided August 12, 1875. Evidence — Intention. In the trial of an action of trover, it became a material inquiry whether the defendant, when he bought certain spirituous liquors of the plaintiffs, intended to pay for them. On cross-examination, the defendant stated that he did intend […]
FITZPATRICK v. PARSONS, 90 N.H. 458 (1940)
10 A.2d 660 DELIA J. FITZPATRICK v. RALPH W. PARSONS. No. 3125.Supreme Court of New Hampshire Hillsborough. Decided January 2, 1940. Contributory negligence of one driving into an intersection of streets was not conclusively established by the facts that the plaintiff when 20 feet from the intersection looked to the right, looked again in that […]
STATE v. TURMEL, 150 N.H. 377 (2003)
838 A.2d 1279 THE STATE OF NEW HAMPSHIRE v. JOSEPH J. TURMEL. No. 2002-589.Supreme Court of New Hampshire New London District CourtArgued: October 30, 2003. Opinion Issued: December 29, 2003. 1. Search and Seizure — Generally — Investigative Stops In order for a police officer to undertake an investigatory stop, the officer must have a […]
BLANCHETTE v. COMPANY, 90 N.H. 207 (1939)
6 A.2d 161 ARTHUR J. BLANCHETTE v. NEW ENGLAND TELEPHONE TELEGRAPH COMPANY. RUTH E. BLANCHETTE v. SAME. No. 3072.Supreme Court of New Hampshire Hillsborough. Decided May 2, 1939. Transitory actions in which any one of the parties is an inhabitant of this state shall be brought in the county where some one of them resides. […]
MAVILLE v. PEERLESS INS. CO., 141 N.H. 317 (1996)
686 A.2d 1165 DOUGLAS MAVILLE a. v. PEERLESS INSURANCE COMPANY No. 95-212Supreme Court of New Hampshire Sullivan Decided September 25, 1996 1. Insurance — Policies — Modification Modification of an insurance contract must be by the mutual agreement of the parties. Page 318 2. Insurance — Policies — Effective Date The intent of the parties, […]
STATE v. RATHBUN, 132 N.H. 28 (1989)
561 A.2d 505 THE STATE OF NEW HAMPSHIRE v. RICHARD RATHBUN No. 88-190Supreme Court of New Hampshire Merrimack Decided July 14, 1989 1. Constitutional Law — Miranda Warning — Spontaneous Statements On a motion to suppress a statement given to police, the State has no burden to prove an allegedly volunteered statement spontaneous beyond a […]
PEOPLE’S TRUST CO. v. MERRILL, 78 N.H. 540 (1918)
102 A. 827 PEOPLE’S TRUST COMPANY v. ANNA G. MERRILL, a. Supreme Court of New Hampshire Grafton. Decided January 1, 1918. A married woman is liable under P. S., c. 176, s. 2, to the vendor of goods on her individual contract to purchase them in partnership with her husband. ASSUMPSIT, to recover upon a […]
MARSH v. INSURANCE CO., 70 N.H. 590 (1900)
49 A. 88 MARSH v. NEW HAMPSHIRE FIRE INSURANCE CO. Supreme Court of New Hampshire Cheshire. Decided December, 1900. A fire insurance policy on a mill building, and all additions thereto adjoining and communicating, covers an engine-house and dry-house connected with the main structure by a movable bridge. DEBT, on a policy of insurance. Trial […]
ERIN FOOD SERVICES, INC. v. DERRY MOTEL, INC., 131 N.H. 353 (1988)
553 A.2d 304 ERIN FOOD SERVICES, INC. v. DERRY MOTEL, INC. No. 87-329Supreme Court of New Hampshire Hillsborough Decided December 30, 1988 1. Contracts — Purchase and Sale Agreements — Marketable Title Real estate option contract which allowed buyer to obtain all or only a portion of the tract, and which obligated seller to transfer […]
ROBINSON v. MITCHELL, 62 N.H. 529 (1883)
ROBINSON v. MITCHELL a. Trs. Supreme Court of New Hampshire Carroll. Decided June, 1883. A trustee in foreign attachment is not chargeable on the ground that a sale of chattels to him by the defendant was fraudulent in law for want of a change in the possession, if before the service of process he has […]
STATE v. N.H. RETAIL GROCERS ASS’N, 115 N.H. 623 (1975)
348 A.2d 360 STATE OF NEW HAMPSHIRE v. NEW HAMPSHIRE RETAIL GROCERS ASSOCIATION, INC. No. 7044Supreme Court of New Hampshire Original Decided November 28, 1975 1. Trial court did not abuse its discretion in refusing to transfer questions of law in advance of final decision concerning validity of order for discovery. 2. Group-interest association could […]
LEBARON v. WIGHT, 156 N.H. 583 (2007)
DEAN LEBARON AND MARILYN PITCHFORD, TRUSTEES OF THE DEAN LEBARON TRUST-1998 v. JOAN M. WIGHT BARBARA OLDMAN v. JOAN M. WIGHT. No. 2006-905.Supreme Court of New Hampshire. Merrimack.Argued: October 17, 2007. Opinion Issued: December 20, 2007. 1. Appeal and Error — Dismissal on Appeal — Moot Questions Although the issue in the appeal was whether […]
KIMBALL v. HOLMES, 60 N.H. 163 (1880)
KIMBALL v. HOLMES. Supreme Court of New Hampshire Coos. Decided June, 1880. In trespass for injuring the plaintiff’s horse, if the award of damages is enhanced beyond the actual material damages sustained because the act was accompanied with malice, it will not for that reason be open to the objection that it exposes the defendant […]
LANGMAID v. HURD, 64 N.H. 526 (1888)
15 A. 136 LANGMAID, Ex’r, v. HURD a. Supreme Court of New Hampshire Merrimack. Decided June, 1888. D by will gave to “H and family, jointly” one thousand dollars. Held, that the legacy should be divided in equal shares between H, his wife, and daughter, who constituted the family at the death of the testator, […]
WILSON v. SULLIVAN, 58 N.H. 260 (1878)
WILSON v. SULLIVAN. Supreme Court of New Hampshire Merrimack. Decided March, 1878. The rule excluding parol evidence offered for the purpose of adding to, explaining, varying, or controlling the terms of a written contract, applies only in a case where the contract to be explained is between the parties to the suit, and not where […]
DAVIS v. STATE, 94 N.H. 321 (1947)
52 A.2d 793 PHILIP S. DAVIS v. STATE. No. 3647.Supreme Court of New Hampshire Carroll. Decided May 6, 1947. Failure of the Trial Court, when properly requested, to clearly and accurately instruct the jury upon a vital issue is ground for reversal. The test to be applied in determining the market value of land taken […]
GILMAN v. CATE, 63 N.H. 278 (1884)
GILMAN v. CATE a. Supreme Court of New Hampshire Grafton. Decided December, 1884. The report and assessment of damages, by a referee appointed under the statute of 1876, and made during the pendency of bankruptcy proceedings in an action for a tort, do not constitute a debt which may be proved against the defendant’s estate […]
UNDERWOOD v. BAILEY, 56 N.H. 187 (1875)
UNDERWOOD v. BAILEY. Supreme Court of New Hampshire FROM COOS CIRCUIT COURT. Decided August 13, 1875. Highway — Appeal — Laying out, when invalid — Waiver. Where a condition is affixed to the laying out of a highway for the accommodation a person applying therefor, any land-owner, or other person aggrieved and appealing from such […]
CURRIER v. DAVIS, 68 N.H. 596 (1896)
41 A. 239 CURRIER a. v. DAVIS a. Supreme Court of New Hampshire Grafton. Decided June, 1896. A bill in equity praying for the repair of a highway and the removal of obstructions therefrom cannot be maintained by one who suffers no peculiar injury from the wrong complained of. In such case the remedy is […]
STANLEY v. BOWEN BROS., 96 N.H. 467 (1951)
79 A.2d 1 IRVEN STANLEY a. v. BOWEN BROTHERS. No. 3967.Supreme Court of New Hampshire Rockingham. March 6, 1951. Testimony of a witness, who was with her husband in a vehicle following directly behind the defendant’s truck which struck a horse drawn vehicle, of remarks of her husband driver made immediately prior to the accident […]
STATE v. WILTON RAILROAD, 89 N.H. 59 (1937)
192 A. 623 STATE v. WILTON RAILROAD CO. a. Supreme Court of New Hampshire Merrimack. Decided June 1, 1937. A provision in a charter of a railroad fixing the minimum amount of passenger train service to be rendered is a legislative determination of reasonable service to be maintained in any event; and courts cannot alter […]
STATE v. BREEST, 118 N.H. 416 (1978)
387 A.2d 643 THE STATE OF NEW HAMPSHIRE v. ROBERT BREEST No. 78-013Supreme Court of New Hampshire Merrimack Decided May 31, 1978 1. Criminal Law — State’s Duties — Disclosure of Information Where defendant filed motion seeking to depose sheriff about alleged promises made by State to induce witness’ testimony at defendant’s trial for first […]
PETITION OF BURNHAM, 74 N.H. 492 (1908)
69 A. 720 PETITION OF BURNHAM a., Trustees. Supreme Court of New Hampshire Hillsborough. Decided April 7, 1908. A party who excepts to a finding of the superior court, on the ground that it is not warranted by the evidence, should have the evidence adduced at the trial transferred as a part of the case. […]
GREEN v. BOND, 93 N.H. 144 (1944)
36 A.2d 633 DOROTHY GREEN, Adm’x v. RAYMOND J. BOND. No. 3463.Supreme Court of New Hampshire Rockingham. Decided March 7, 1944. Contributory negligence was established as a matter of law where the plaintiff after having been restrained from crossing the street suddenly walked diagonally across the street using no care for his own safety and […]
BOOTHBY v. PRESCOTT, 97 N.H. 504 (1952)
92 A.2d 661 ALBERT G. BOOTHBY v. JOSEPH S. PRESCOTT. No. 4134.Supreme Court of New Hampshire Carroll. Decided December 2, 1952. The negligence of a bailee may not be imputed to his bailor. In an action by the plaintiff bailor to recover for damages to his motor vehicle operated by his bailee when it was […]
MAILLOUX v. DICKEY, 129 N.H. 62 (1986)
523 A.2d 66 RICHARD MAILLOUX v. ARTHUR A. DICKEY AND JOSEPH P. KING RICHARD MAILLOUX v. ARTHUR A. DICKEY No. 85-518Supreme Court of New Hampshire Hillsborough Decided December 31, 1986 1. Contracts — Construction — Generally The meaning of a contract is a matter of law, but where determination of the intent of the parties […]
SCHOOL-DISTRICT v. PILLSBURY, 58 N.H. 423 (1878)
SCHOOL-DISTRICT v. PILLSBURY a. Supreme Court of New Hampshire Merrimack. Decided August, 1878. A school-district may sue in a name it has acquired by reputation. A school-district, organized under Laws of 1845, c. 221, s. 2, and legalized by Gen. St., c. 78, s. 3, could not, in February, 1876, be dissolved by one of […]
McAULIFFE v. COLONIAL IMPORTS, INC., 116 N.H. 398 (1976)
359 A.2d 630 TIM McAULIFFE v. COLONIAL IMPORTS, INC. a. No. 7427Supreme Court of New Hampshire Hillsborough Decided June 30, 1976 1. The federal court dismissal of the plaintiff’s action for lack of jurisdiction was not a judgment on the merits, but a ruling that the court was powerless to determine the merits of the […]
CROSBY v. CHARLESTOWN, 78 N.H. 39 (1915)
95 A. 1043 JOHN CROSBY a., Ex’rs, v. CHARLESTOWN. Supreme Court of New Hampshire Sullivan. Decided November 2, 1915. For the purpose of taxation, the property represented by stocks, bonds, and notes has its situs where the owner has his domicile, and not where the documentary evidence of it happens to be deposited for safe […]
WILSON v. READ, 74 N.H. 322 (1907)
68 A. 37 WILSON v. READ a. Supreme Court of New Hampshire Hillsborough. Decided October 1, 1907. As matter of law, a dead body becomes after interment a part of the ground to which it was committed. Courts of equity have jurisdiction to settle controversies as to the burial of the dead, the care of […]
BARRY v. TOWN OF AMHERST, 121 N.H. 335 (1981)
430 A.2d 132 VIVIAN W. BARRY v. TOWN OF AMHERST No. 80-023Supreme Court of New Hampshire Hillsborough Decided May 7, 1981 1. Zoning — Appeals From Board of Adjustment — Superior Court Review Where statute made “unjustness” and “unreasonableness” separate grounds for overturning a zoning board’s decision on application for variance, but was later amended […]
MERCHANTS MUTUAL c. CO. v. LAMBERT, 90 N.H. 507 (1940)
11 A.2d 361 MERCHANTS MUTUAL CASUALTY COMPANY v. BENJAMIN C. LAMBERT, a. No. 3124.Supreme Court of New Hampshire Hillsborough. Decided February 6, 1940. In construing an insurance policy the test is not what the insurer intended its words to mean but what a reasonable person in the position of the insured would have understood by […]
MOULTON v. BEALS, 98 N.H. 461 (1954)
102 A.2d 489 LEAVITT E. MOULTON a. v. WILLIAM H. BEALS a. No. 4291.Supreme Court of New Hampshire Rockingham.Argued January 5, 1954. Decided January 29, 1954. The statute (R. L., c. 59, s. 11) charging the selectmen with the management of the prudential affairs of the town does not vest them with exclusive authority to […]
OPINION OF THE JUSTICES, 128 N.H. 46 (1986)
509 A.2d 749 OPINION OF THE JUSTICES No. 86-099Supreme Court of New Hampshire Request of the House of Representatives Decided May 8, 1986 1. Constitutional Law — Police Power The police power of the State extends to the protection of the lives, health, comfort and quiet of all persons, and the protection of all property, […]
FARR v. CATE, 58 N.H. 367 (1878)
FARR v. CATE. Supreme Court of New Hampshire Grafton. Decided June, 1878. A defendant having been adjudged a bankrupt, the plaintiff may become nonsuit, without costs. ASSUMPSIT. The defendant having been adjudged a bankrupt, the plaintiff moved that the action be dismissed without costs. To this the defendant’s counsel objected, claiming that they had a […]
STATE v. LITTLEFIELD, 152 N.H. 331 (2005)
876 A.2d 712 THE STATE OF NEW HAMPSHIRE v. DANIEL J. LITTLEFIELD. No. 2003-627.Supreme Court of New Hampshire Belknap.Argued: October 13, 2004. Opinion Issued: June 16, 2005. 1. Trial — Criminal Cases — Jury Instructions — ParticularCases There need not be evidence that a defendant was in direct flight from immediate police apprehension before an […]
MORVAY v. HANOVER INS. COS., 127 N.H. 723 (1986)
506 A.2d 333 ALAN MORVAY a. v. HANOVER INSURANCE COMPANIES a. No. 85-077Supreme Court of New Hampshire Merrimack Decided March 3, 1986 1. Pleading — Motion To Dismiss — Inferences In determining whether a defendant’s motion to dismiss should be granted, all facts properly pleaded are assumed to be true and the reasonable inferences therefrom […]
BLANKENBERG v. MARKARIAN, 79 N.H. 27 (1918)
103 A. 976 MAX BLANKENBERG v. GEORGE MARKARIAN. Supreme Court of New Hampshire Hillsborough. Decided June 4, 1918. A notice to quit under the landlord and tenant act is not invalidated by the fact that it contains a further notice of increase of rent from the date of giving such notice. APPEAL, from the municipal […]
LeFAVOR v. FORD, 135 N.H. 311 (1992)
604 A.2d 570 WALLEY F. LeFAVOR v. FRED H. FORD, JR. No. 90-585Supreme Court of New Hampshire Rockingham Decided March 9, 1992 1. Appeal and Error — Preservation of Questions — Failure To Object Defendant who failed to object to jury instruction at trial could not complain of error on appeal. 2. Appeal and Error […]
WHITNEY v. HOOD SONS, 88 N.H. 483 (1937)
192 A. 493 WILBUR C. WHITNEY, Adm’r v. H. P. HOOD SONS, Inc. Supreme Court of New Hampshire Rockingham. Decided June 1, 1937. ACTION, brought August 31, 1934, by writ declaring on the common counts. In November, 1934, the plaintiff moved to amend by a declaration alleging the defendant’s negligence on or about September 1, […]
WHITE v. COMPANY, 76 N.H. 432 (1912)
83 A. 458 WHITE v. FERNALD-WOODWARD Co. Trs. GERRISH, Adm’r, v. WOODWARD Tr. Supreme Court of New Hampshire Coos. Decided May 7, 1912. Individual funds attached for a partnership debt and duly adjudged payable to the plaintiff in the action are not subject to subsequent attachment by the defendant’s individual creditors. FOREIGN ATTACHMENT. White brought […]
LIVINGSTON v. 18 MILE POINT DRIVE, 158 N.H. 619 (2009)
ANTHONY L. LIVINGSTON v. 18 MILE POINT DRIVE, LTD. d/b/a 18 MILE POINT DRIVE LIMITED PARTNERSHIP a. No. 2008-622.Supreme Court of New Hampshire. Belknap.Argued: February 12, 2009. Opinion Issued: April 24, 2009. 1. Contracts — Parties — Good Faith and Fair Dealing In every agreement, there is an implied covenant that the parties will act […]
IN RE PETITION OF DOVER POLICE DEP’T, 115 N.H. 378 (1975)
341 A.2d 760 In re PETITION OF DOVER POLICE DEPARTMENT No. 7152Supreme Court of New Hampshire Original Decided June 30, 1975 1. Approval of the use of closed circuit television cameras and audio equipment within courtrooms comes within the inherent power of the judiciary over the operation of its courts. 2. A most important factor […]
STATE v. NOWELL, 60 N.H. 199 (1880)
STATE v. NOWELL a. Supreme Court of New Hampshire Strafford. Decided December, 1880. In misdemeanors all participants are principals, and may be indicted therefor either separately or jointly. INDICTMENT, for an assault of an aggravated nature, containing two counts. The first alleged that the assault was committed by the defendant E. E. N., and the […]
BROWN v. BROWN, 78 N.H. 337 (1917)
100 A. 604 JOHN R. BROWN v. LIZZIE B. BROWN. Supreme Court of New Hampshire Belknap. Decided February 6, 1917. Abandonment and refusal to cohabit, as a ground of divorce under P.S., c. 175, s. 5, subdiv. x, exists where there is an abandonment of the relation of husband and wife though the parties may […]
DOW v. ELECTRIC CO., 69 N.H. 498 (1898)
43 A. 618 DOW a. v. THE ELECTRIC CO. Supreme Court of New Hampshire Hillsborough. Decided December, 1898. High-water mark on a fresh-water river is the line which the river impresses upon the soil by covering it for sufficient periods to deprive it of vegetation and to destroy its value for agriculture. PETITION, under the […]
STATE v. HERNANDEZ, 2010-321 (N.H. 11-22-2011)
THE STATE OF NEW HAMPSHIRE v. IVONNE HERNANDEZ. No. 2010-321Supreme Court of New Hampshire Hillsborough-southern judicial districtArgued: September 15, 2011 Opinion Issued: November 22, 2011 Michael A. Delaney, attorney general (Diana E. Fenton, assistant attorney general, on the brief, and Susan G. Morell, senior assistant attorney general, orally), for the State. Pamela E. Phelan, assistant […]
SURRY v. STARKEY, 115 N.H. 31 (1975)
332 A.2d 172 TOWN OF SURRY v. ROGER M. STARKEY AND MADOLYN A. STARKEY No. 6982Supreme Court of New Hampshire Cheshire Decided January 31, 1975 1. A nonconforming use has been defined as a preexisting use of land that is permitted to continue after the enactment of a zoning ordinance that prohibits the use, so […]
CALLEY v. INSTITUTION, 83 N.H. 104 (1927)
138 A. 323 GEORGE H. CALLEY a., Trustees, v. NEW HAMPTON LITERARY INSTITUTION. Supreme Court of New Hampshire Grafton. Decided June 23, 1927. Bequest creating a trust fund of certain stocks, the trust to expire after twenty years unless extended five years further by the trustees, and further providing that the proceeds of stock “shall […]
TUFTONBORO v. WILLARD, 89 N.H. 253 (1938)
197 A. 404 TUFTONBORO v. IVA M. WILLARD. Supreme Court of New Hampshire Carroll. Decided February 1, 1938. A fence or wall erected as a permanent structure along the side of a wrought road is probably intended to mark the line separating the highway use from private occupancy and possession. An ancient straight wall forty-six […]
PETITION OF JANE DOE, 132 N.H. 270 (1989)
564 A.2d 433 PETITION OF JANE DOE (New Hampshire Division for (Children and Youth Services) No. 88-260Supreme Court of New Hampshire Original Decided October 6, 1989 1. Infants — Neglected Children — Child Abuse Review on certiorari of “fair hearing” decision of division for children and youth services requires determination whether the agency has acted […]
STATE v. WEST, 117 N.H. 340 (1977)
373 A.2d 348 THE STATE OF NEW HAMPSHIRE v. WILLIAM WEST No. 7599Supreme Court of New Hampshire Hillsborough Decided April 29, 1977 1. Constitutional Law — Right to Effective Counsel In habeas corpus proceeding, defendant’s claim of ineffective assistance of counsel when he was convicted of robbery in trial by court did not compel finding […]
GALE v. GALE, 85 N.H. 358 (1932)
159 A. 122 HORACE B. GALE, Trustee, v. ELEANOR E. GALE a. Supreme Court of New Hampshire Cheshire. Decided February 2, 1932. Devise in trust to children for life and “after the death of my last child . . . to my grandchildren then living . . . and after their decease . . . […]
BOSTON v. B. M. c. INC., 91 N.H. 392 (1941)
20 A.2d 633 DOROTHY BOSTON v. BOSTON MAINE SUPER SERVICE INC. BEVERLEY C. FRYE v. SAME a. EDWIN A. COOKSON v. SAME. No. 3240.Supreme Court of New Hampshire Rockingham. Decided June 3, 1941. Under the law of Maine, to establish contributory negligence on the part of a passenger in riding with a drunken driver it […]
IN RE ESTATE OF GAY, 97 N.H. 102 (1951)
81 A.2d 841 IN RE ESTATE CLARENCE O. GAY. IN RE ESTATE IDA M. GAY. Nos. 4035. 4034.Supreme Court of New Hampshire Rockingham Probate Court. Decided July 2, 1951. The authority of the probate court to certify questions of law under Laws 1947, c. 90, is limited to questions upon which the court desires instructions […]
McLANE v. CROSBY, 77 N.H. 596 (1914)
92 A. 333 ELLEN L. McLANE, Trustee, v. GRACE CROSBY a. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1914. BILL IN EQUITY, by the trustee under the will of Alma Barker, for advice as to the distribution of the trust fund. Transferred without a ruling from the January term, 1914, of the superior […]
CUNNINGHAM v. ASSOCIATED GROCERS SUPERMARKET, 139 N.H. 210 (1994)
651 A.2d 16 WILLIAM J. CUNNINGHAM v. ASSOCIATED GROCERS SUPERMARKET d/b/a VISTA FOODS No. 93-221Supreme Court of New Hampshire Hillsborough-northern judicial district Decided December 14, 1994 1. Trial — Jury Deliberations — Generally A civil jury verdict in New Hampshire must be unanimous; each juror must freely and voluntarily assent to reach a verdict. 2. […]
STATE v. CLINE, 113 N.H. 245 (1973)
305 A.2d 673 STATE OF NEW HAMPSHIRE v. JAMES A. CLINE No. 6429Supreme Court of New Hampshire Rockingham Decided May 31, 1973 1. RSA 573:2 relates only to the United States flag or any flag purporting to be the United States flag and does not prohibit the use of the colors, stripes, and stars in […]
WINNIPISEOGEE LAKE COTTON WOOLLEN MFG. v. GILFORD, 66 N.H. 621 (1889)
30 A. 1121 WINNIPISEOGEE LAKE COTTON AND WOOLLEN MFG. CO. v. GILFORD. Supreme Court of New Hampshire Belknap. Decided December, 1889. APPEAL, from the refusal of selectmen to abate a tax. E. A. C. B. Hibbard and D. Barnard, for the plaintiffs. Jewell Stone and S.C. Clark, for the defendants. DOE, C. J. It is […]
DREW’S APPEAL, 57 N.H. 181 (1876)
DREW’S APPEAL. Supreme Court of New Hampshire FROM STRAFFORD PROBATE COURT. Decided June 14, 1876. Probate appeal — Guardian — Husband and wife. When the wife stands in need of a guardian, and the husband is otherwise a suitable person for that for that trust, the intimate and confidential nature of the marriage relation requires […]
STATE v. FERNANDEZ, 152 N.H. 233 (2005)
876 A.2d 221 THE STATE OF NEW HAMPSHIRE v. LUCIO E. FERNANDEZ. No. 2004-129.Supreme Court of New Hampshire Rockingham.Argued: February 16, 2005. Opinion Issued: May 23, 2005. 1. Discovery — Depositions — Necessity A defendant does not have an unqualified due process right to compel depositions in a criminal case. RSA 517:13. 2. Discovery — […]
STATE v. DOWMAN, 151 N.H. 162 (2004)
855 A.2d 524 THE STATE OF NEW HAMPSHIRE v. STEPHEN DOWMAN. No. 2003-422.Supreme Court of New Hampshire Hillsborough-Southern Judicial District.Argued: March 11, 2004. Opinion Issued: June 25, 2004. 1. Search and Seizure — Issuance of Warrant — Affidavit; Requisites An application for a warrant authorizing the seizure of materials presumptively protected by the First Amendment […]
TOWN OF HAVERHILL v. CITY BANK AND TRUST CO., 119 N.H. 409 (1979)
402 A.2d 185 TOWN OF HAVERHILL a. v. CITY BANK AND TRUST COMPANY No. 79-009Supreme Court of New Hampshire Grafton Decided May 23, 1979 1. Courts — Jurisdiction — Long-Arm Statutes Applicability of long-arm statute dealing with foreign corporations does not depend upon performance on the part of the defendant in New Hampshire, but may […]
CHIUCHIOLO v. NEW ENGLAND c. TAILORS, 84 N.H. 329 (1930)
150 A. 540 BETTY CHIUCHIOLO v. NEW ENGLAND WHOLESALE TAILORS. ANTONIO CHIUCHIOLO v. SAME. Supreme Court of New Hampshire Merrimack. Decided May 6, 1930. Negligence causing fright to a human being by a sudden terrifying noise though without accompanying physical impact is actionable if injurious physical consequences result to him from the fright; but fright […]