Category: New Hampshire Court Opinions

238 A.2d 727 PAUL CORNWELL v. JOSEPH E. LaPLANTE a. No. 5713.Supreme Court of New Hampshire Cheshire.Argued January 3, 1968. Decided February 29, 1968. 1. In an action to recover damages resulting from a negligently set fire which totally destroyed plaintiff’s barn, it was held that instructions that the plaintiff was entitled to have the […]

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 […]

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 […]

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 […]

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 […]

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 […]

577 A.2d 1214 THE STATE OF NEW HAMPSHIRE v. PARRISH JERNIGAN No. 89-165Supreme Court of New Hampshire Hillsborough Decided July 18, 1990 1. Criminal Law — Attempt — Renunciation Defendant who raises renunciation as an affirmative defense bears the burden of showing by a preponderance of the evidence both that he completely abandoned his criminal […]

13 A.2d 163 WALTER D. ROBINSON, Adm’r v. WILLIAM O. DIXON a. No. 3149.Supreme Court of New Hampshire Rockingham. Decided April 15, 1940. Action upon the death statute of Maine for negligently causing death; and motion to set aside the verdict as excessive. The questions whether the law of Maine or of this state should […]

813 A.2d 527 R.J. MOREAU COMPANIES, INC. v. TOWN OF LITCHFIELD No. 2002-011Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued November 13, 2002 Opinion Issued December 24, 2002 1. Zoning and Planning—Zoning—Nature and Purpose A municipality’s power to adopt “innovative land use controls” such as impact fees derives not from a general police or taxation […]

220 A.2d 733 IVY YOUNG KELLEY v. HOPKINTON. No. 5482.Supreme Court of New Hampshire Merrimack.Argued May 5, 1966. Decided June 30, 1966. 1. An appeal from the decision of the zoning board of adjustment of the Hopkinton village precinct which is a “body corporate and politic” separate from the town of Hopkinton and not an […]

63 A.2d 240 MARION DELISLE, Ex’x Estate of Mary Lavigne, Ap’ee v. ALBERT E. SMALLEY, Ap’t. No. 3772.Supreme Court of New Hampshire Hillsborough. Decided January 5, 1949. Cohabitation plus mutual acknowledgment as husband and wife plus general reputation as husband and wife which is continuous for a period of at least three years until dissolved […]

198 A.2d 14 JANICE MANNING, by her father and next friend, a. v. IRVING FREEMAN a. No. 5185.Supreme Court of New Hampshire Hillsborough.Argued January 7, 1964. Decided March 3, 1964. 1. In an action for injuries sustained by a two-year-old child in a fall from a stairway leading to the third-floor apartment of defendants’ building, […]

296 A.2d 126 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE v. STATE OF NEW HAMPSHIRE a. No. 6510.Supreme Court of New Hampshire Public Utilities Commission. Decided October 19, 1972. 1. In the circumstances of this case at the hearing on the public utility’s motion to suspend, pending determination of the utility’s appeal, the public utilities commission’s […]

321 A.2d 579 DOW ASSOCIATES, INC. v. GULF OIL CORPORATION No. 6583Supreme Court of New Hampshire Belknap Decided June 28, 1974 1. The rule that the acts of parties under a lease are given great weight in arriving at the meaning of an ambiguous lease provision does not apply when the lease is silent on […]

196 A.2d 63 ROBERT R. BURR a. v. KEENE. No. 5169.Supreme Court of New Hampshire Cheshire.Argued November 5, 1963. Decided December 30, 1963. 1. Where a zoning ordinance did not expressly provide who may apply for a special exception, action was properly taken upon application of the prospective purchasers as the real parties in interest […]

484 A.2d 1095 THE STATE OF NEW HAMPSHIRE v. JAMES CROSMAN No. 83-229Supreme Court of New Hampshire Strafford Decided October 4, 1984 1. Evidence — Verbal Completeness — Generally Under the rule of verbal completeness, a party has the right to introduce the remainder of a writing, statement, correspondence, former testimony, or conversation so far […]

13 A.3d 123 GREEN MOUNTAIN REALTY CORPORATION v. THE FIFTH ESTATE TOWER, LLC a. No. 2008-723.Supreme Court of New Hampshire. Carroll.Argued: September 8, 2010. Opinion Issued: November 10, 2010. 1. Commerce — Regulation of Commerce — Monopolies and Trade Regulation Under the Noerr-Pennington doctrine, concerted efforts to restrain or monopolize trade by petitioning government officials […]

311 A.2d 121 PETER R. PREVITE, INC. v. McALLISTER FLORIST, INC. ROBERT W. McALLISTER SHIRLEY A. McALLISTER No. 6587Supreme Court of New Hampshire Sullivan Decided October 31, 1973 1. Evidence that stockholders of corporation did not suppress fact that business was incorporated or cause creditor to misapprehend financial worth of the corporation and that creditor […]

480 A.2d 128 ROYAL BURNHAM, d/b/a ROYAL BURNHAM LOGGING v. CHESTER A. DOWNING No. 83-401Supreme Court of New Hampshire Grafton Decided July 27, 1984 1. Workers’ Compensation — Governing Law — Employment Relationship In determining whether an individual is an employee or an independent contractor for purposes of workers’ compensation benefits, the supreme court employs […]

582 A.2d 291 FLINT’S CASE No. LD-90-001Supreme Court of New Hampshire Original Decided November 9, 1990 1. Attorney and Client — Disciplinary Proceedings — Purpose Power to remove attorneys from office is necessary not as a vehicle for inflicting punishment, but for protection of public from further acts of misconduct and to protect integrity of […]

321 A.2d 583 STATE OF NEW HAMPSHIRE v. CHARLES F. ROBBINS No. 6849Supreme Court of New Hampshire Carroll Decided June 28, 1974 1. An indictment clearly charging the defendant with an attempt to commit rape sufficiently described the offense so that the defendant could prepare for trial, notwithstanding that the indictment cited the statute (RSA […]

366 A.2d 210 ERNEST G. WOODSIDE, JR. a. v. SELECTMEN OF THE TOWN OF DERRY No. 7601Supreme Court of New Hampshire Rockingham Decided October 15, 1976 1. Legislative amendments indicate a clear intent that the selectmen have no discretion whether to insert in a warrant an article presented to them in compliance with RSA 39:3 […]

269 A.2d 131 STATE v. MELIO COMPARONE. No. 5957.Supreme Court of New Hampshire Strafford. Decided September 8, 1970. 1. A trial court in the exercise of sound discretion may reopen a criminal case for the purpose of admitting testimony in behalf of either the prosecution or the defense. 2. To constitute an abuse, reversible on […]

886 A.2d 972 WENDY L. McCARTHY v. ROBERT E. WHEELER. No. 2004-777.Supreme Court of New Hampshire Plymouth Family Division.Argued: July 13, 2005. Opinion Issued: October 18, 2005. 1. Domestic Violence — Abuse Prevention — Protective Orders Court’s failure to hold hearings on a domestic violence petition within mandatory time limits prescribed by statute must result […]

384 A.2d 792 EARL J. GILLIS v. JONI GAIL GILLIS No. 7961Supreme Court of New Hampshire Rockingham Decided March 31, 1978 Divorce — Custody and Support of Children — Change in Circumstances In absence of previous court decree awarding custody of minor child to husband, although parties had made an informal agreement granting custody to […]

612 A.2d 899 THE STATE OF NEW HAMPSHIRE v. DENIS GAGNE No. 91-359Supreme Court of New Hampshire Merrimack Decided August 14, 1992 1. Infants — Neglected Children — Privileged Information The entire investigatory file of the Division for Children and Youth Services in an abuse and neglect action is confidential under the Child Protection Act, […]

6 A.2d 179 MARION B. COWAN a. Ex’rs v. JAMES W. COWAN a. No. 3076.Supreme Court of New Hampshire Carroll. Decided May 2, 1939. A testamentary disposal, “To my wife . . . I leave . . . as long as she lives my house . . . and contents of all kinds” included an […]

108 A.2d 559 NORMAN JACOBS a., Ex’rs v. ALBERT N. BEAN a. No. 4342.Supreme Court of New Hampshire Coos.Argued October 6, 1954. Decided October 29, 1954. Where the testator’s plan for distributing a portion of his estate was impossible of accomplishment in some respects and impracticable in others due to a change of circumstances, the […]

444 A.2d 505 APPEAL OF JEFFREY LATHROP a. APPEAL OF THE APPALACHIAN MOUNTAIN CLUB (New Hampshire Water Resources Board) No. 81-162 No. 81-163Supreme Court of New Hampshire Water Resources Board Decided March 22, 1982 1. Administrative Law — Hearings — Due Process That a governmental tribunal must utilize fair procedures is elemental. U.S. CONST. amends. […]

864 A.2d 378 OBISPO BRITO a. v. JAMES RYAN. No. 2004-389.Supreme Court of New Hampshire Merrimack.Argued: November 30, 2004. Opinion Issued: January 6, 2005. 1. Judgments — Foreign Judgments — Actions On Generally a judgment rendered in this country by a court of competent jurisdiction is entitled under the United States Constitution to full faith […]

374 A.2d 663 PAUL G. DeRONDE v. MARILYN E. DeRONDE No. 7713Supreme Court of New Hampshire Rockingham Decided May 31, 1977 1. Divorce — Grounds — Complete Breakdown of Marriage Issues of fault and innocence are irrelevant under statute which directs Page 480 its focus only to question of whether irreconcilable differences between parties have […]

351 A.2d 62 EDMOND BELAND a. v. BERNARD ESTEY a. No. 6593Supreme Court of New Hampshire Hillsborough Decided January 31, 1976 1. The interest of a joint tenant in property held in joint tenancy with right of survivorship is subject to attachment during the lives of the tenants. Such interest is similar to a life […]

16 A.2d 59 WALTER P. LACHANCE a. v. JOSEPH DONDERO a. No. 3177.Supreme Court of New Hampshire Strafford. Decided October 1, 1940. An attachment of property on mesne process, immediately creates a lien thereon prior to judgment or default. Improvements on land made by the owner thereof subsequent to a real estate attachment, become part […]

96 A.2d 554 FRED C. LEAVITT a. v. NORTH HAMPTON a. No. 4208.Supreme Court of New Hampshire Rockingham. Decided May 5, 1953. A petition for declaratory judgment is a proper method of determining the legality of a proposed expenditure of public funds of a town for the extension of the water mains of a public […]

559 A.2d 828 JOAN S. DOMBROWSKI v. ROBERT K. DOMBROWSKI No. 88-062Supreme Court of New Hampshire Rockingham Decided June 2, 1989 1. Divorce — Property Settlement — Valuation of Property Master in no-fault divorce case erroneously valued a charitable contribution carry-forward tax deduction awarded to husband at $688,976, the full amount of the carry-forward; value […]

609 A.2d 1197 PETER G. KIDDER v. ANN KIDDER No. 91-367Supreme Court of New Hampshire Hillsborough Decided June 2, 1992 1. Divorce — Alimony — Modification or Vacation Trial court’s decision to alter or terminate alimony will not be set aside on appeal absent an abuse of discretion. 2. Divorce — Alimony — Modification or […]

65 A.2d 700 OPINION OF THE JUSTICES. No. 3836.Supreme Court of New Hampshire Decided April 12, 1949. Aviation is a public use of the airways system of the state whether publicly or privately owned and serves a public purpose. The Legislature may provide by general laws for the exemption of certain classes of property from […]

356 A.2d 677 EDMUND W. BRESSLER v. KENNETH WRIGHT a. No. 7300Supreme Court of New Hampshire Rockingham Decided April 30, 1976 1. Dismissal of plaintiff as a police officer without notice and hearing was illegal, and plaintiff continued as an employee of the town police department until he was validly dismissed. 2. A municipal officer […]

224 A.2d 574 STATE v. LAWRENCE E. GALVIN. No. 5523.Supreme Court of New Hampshire Belknap.Argued October 4, 1966. Decided November 30, 1966. 1. In an information for violation of the riot statute (RSA 609-A:4 (supp)) charging the respondent with refusal to withdraw after being commanded to do so by a peace officer the evidence warranted […]

10 A.2d 662 WILBUR E. BILL v. NEW ENGLAND CITIES ICE COMPANY, AS BALCOM-NASHUA ICE COMPANY. No. 3095.Supreme Court of New Hampshire Hillsborough. Decided January 2, 1940. The opinion of a qualified expert witness to the effect that a certain instrumentality is properly or improperly constructed for a specified use need not be based upon […]

123 A.2d 833 NEW ENGLAND BOX COMPANY v. WALTER W. GILBERT a. No. 4485.Supreme Court of New Hampshire Grafton.Argued June 5, 1956. Decided July 6, 1956. Where one officer and director of a corporation directed the conversion of certain lumber which the corporation had previously sold to the plaintiff and had been paid for and […]

80 A.2d 388 J. WILFRED ANCTIL a. v. JOSEPH SIMONEAU. No. 4024.Supreme Court of New Hampshire Hillsborough. Decided May 1, 1951. In an action to recover a brokerage commission for the rental of defendant’s premises based upon the rental payments received by the defendant from the lessees certain evidence justified the finding implied in the […]

126 A.2d 250 LILLIAN M. SAMPSON, Trustee v. ARTHUR J. CONLON. No. 4532.Supreme Court of New Hampshire Coos.Submitted October 2, 1956. Decided October 31, 1956. A duly authenticated judgment of a foreign state, showing the names and addresses of both parties to be the same as those in the action of debt on such judgment, […]

855 A.2d 516 MICHAEL BOCCIA a. v. CITY OF PORTSMOUTH a. No. 2003-493.Supreme Court of New Hampshire Rockingham.Argued: March 11, 2004. Opinion Issued: May 25, 2004. 1. Zoning and Planning — Judicial Review — Standard of Review The superior court shall not set aside or vacate a decision of the zoning board of adjustment except […]

149 A.2d 865 IN RE CLARA E. WOODS ESTATE. No. 4713.Supreme Court of New Hampshire Cheshire.Argued March 4, 1959. Decided April 7, 1959. 1. By the terms of the testatrix’ will devising the residue of her estate “in equal shares” to her daughter and sister and further providing that “in case of the death of […]

467 A.2d 233 THE STATE OF NEW HAMPSHIRE v. DAVID GUARALDI No. 82-286Supreme Court of New Hampshire Grafton Decided October 26, 1983 1. Trial — Instructions — Requests The supreme court has held that a requested charge on a party’s theory of defense must be given if such theory is supported by some evidence. 2. […]

665 A.2d 369 STEPHEN BRONSTEIN a. v. GZA GeoENVIRONMENTAL, INC. a. No. 94-235Supreme Court of New Hampshire Hillsborough-southern judicial district Decided September 27, 1995 1. Limitation of Actions — Generally — Construction and Application Trial court correctly ruled that plaintiffs’ actions against company hired to conduct environmental survey of property and sellers of property were […]

13 A.3d 116 LILLIAN E. BILLEWICZ a. v. JOHN C. RANSMEIER a. No. 2009-356.Supreme Court of New Hampshire. Rockingham County Probate Court.Argued: May 4, 2010. Opinion Issued: November 24, 2010. 1. Limitation of Actions — Proceedings — Burden of Proof A defendant bears the burden of proving that the statute of limitations applies in a […]

599 A.2d 474 THE STATE OF NEW HAMPSHIRE v. ORLANDO T. TARSITANO No. 90-171Supreme Court of New Hampshire Rockingham Decided November 6, 1991 1. Evidence — Past Offenses — Admissibility Decision whether to admit evidence, under rule governing admission of evidence of other crimes, wrongs or acts, lies within the sound discretion of the trial […]

341 A.2d 777 CLIFFORD N. WHEELER v. STATE OF NEW HAMPSHIRE a. No. 6954Supreme Court of New Hampshire Hillsborough Decided June 30, 1975 1. The obvious purpose of a de novo trial by the superior court of an appeal from a decision of the appeal tribunal of the department of employment security is to permit […]

451 A.2d 1315 U-HAUL COMPANY OF NEW HAMPSHIRE VERMONT, INC. v. CITY OF CONCORD No. 82-015Supreme Court of New Hampshire Merrimack Decided October 14, 1982 1. Zoning — Appeals From Board of Adjustment — Burden of Proof A party seeking to overturn the decision of a zoning board of adjustment had the burden of demonstrating […]

234 A.2d 530 DRISCOLL REALTY, INC. v. DOVER SHOPPING PLAZA, INC. a. No. 5626.Supreme Court of New Hampshire Strafford.Argued June 7, 1967. Decided October 31, 1967. 1. The fact that the plaintiff grantor petitioned for injunctive relief in enforcement of anti-competitive restrictions contained in an agreement for the sale of land for the purpose of […]

566 A.2d 1127 XENIA K. HEATON AND DONALD W. STONE v. BOULDERS PROPERTIES, INC. AND ENRIQUE DARER No. 88-231Supreme Court of New Hampshire Grafton Decided November 13, 1989 1. Judgments — Summary Judgment — Findings of Fact In a case involving a dispute over the payment of a real estate broker’s commission resulting from the […]

311 A.2d 294 LUTHER COLEMAN v. TOWN OF SEABROOK a. No. 6210Supreme Court of New Hampshire Rockingham Decided October 31, 1973 1. Evidence of town’s substantial compliance with requirements of valid tax sale warranted denial of plaintiff’s petition to quiet title to land purchased by plaintiff from an heir of the taxpayer as against title […]

13 A.3d 164 THE STATE OF NEW HAMPSHIRE v. MATTHEW SCONSA. No. 2009-523.Supreme Court of New Hampshire. Hillsborough-northern judicial districtArgued: June 10, 2010. Opinion Issued: November 10, 2010. 1. Search and Seizure — Warrant Requirement; Execution — Knock and Announce Requirement Under New Hampshire law, when executing an arrest or a search warrant, police officers, […]

193 A.2d 884 COTE BROTHERS, INC. v. GRANITE LAKE REALTY CORP. No. 5138.Supreme Court of New Hampshire Cheshire.Argued September 4, 1963. Decided September 30, 1963. 1. In the world of credit there is emerging a rule, consistent with modern business practices, under which a principal is bound by the promise of his general agent, whether […]

430 A.2d 149 THE STATE OF NEW HAMPSHIRE v. EDWARD R. DAVIES No. 80-232Supreme Court of New Hampshire Hillsborough Decided May 7, 1981 1. Statutes — Repeal — Criminal Conduct Prior to Repeal Where defendant’s alleged criminal activity occurred prior to repeal of contributing to delinquency statute, his conduct was considered in light of its […]

433 A.2d 1289 In re ESTATE OF JAMES C. MacKAY No. 80-501Supreme Court of New Hampshire Hillsborough County Probate Court Decided August 5, 1981 1. Wills — Pretermission — Presumption Statute dealing with pretermitted heirs does not create a presumption that pretermission of a child or issue of a child was accidental, but a rule […]

15 A.2d 861 JANE WEISS, by her next friend, v. ELKAN A. WASSERMAN a. MINNIE F. WEISS a. v. SAME. HELEN B. STEWART v. ELKAN A. WASSERMAN. GEORGE STEWART v. SAME. No. 3167.Supreme Court of New Hampshire Merrimack. Decided October 1, 1940. The admission of testimony that “a person [driving an automobile] who knows they […]