Category: New Hampshire Court Opinions

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 […]

571 A.2d 269 PETER J. LEAVITT v. DEBRA OWEN STANLEY No. 89-137Supreme Court of New Hampshire Pittsfield District Court Decided March 8, 1990 1. Appeal and Error — Record — Facts Considered Where there was no record of the trial court proceedings below, only facts considered on appeal were those admitted by both parties in […]

177 A.2d 396 BRUCE G. RIENDEAU v. MUNICIPAL COURT OF MILFORD. No. 5003.Supreme Court of New Hampshire Original.Argued December 6, 1961. Decided January 29, 1962. 1. In criminal proceedings before the municipal court the transfer of questions of law to the Supreme Court under RSA 502:24 is discretionary with the municipal court. 2. The fact […]

781 A.2d 979 THE STATE OF NEW HAMPSHIRE v. PAUL HILL No. 98-461Supreme Court of New Hampshire Portsmouth District Court Decided July 2, 2001 Modified October 25, 2001 1. Evidence — Judicial Notice — Particular Matter Because question whether defendant in custody would have been released before his identity was discovered was subject to dispute, […]

703 A.2d 1384 JOHN AND SUSAN MEANEY v. ALFRED RUBEGA No. 95-320Supreme Court of New Hampshire Hillsborough-northern judicial district Decided December 31, 1997 1. Trial — Civil Cases — Jury Instructions — Review The propriety of jury instructions are reviewed by looking at the charge as a whole. A jury must be instructed adequately and […]

341 A.2d 272 IN RE PROPOSED RULES RELATING TO GRIEVANCE PROCEDURES No. 7111Supreme Court of New Hampshire Original Decided June 25, 1975 1. The supreme court approved effective July 25, 1975, the rules relating to grievance procedures prepared by the committee on professional conduct, as amended by the court, and replaced Supreme Court Rule 26 […]

419 A.2d 1069 BRIAN BURNS v. DAVID B. BRADLEY AND ANN S. BRADLEY d/b/a ASHUELOT RIDGE COUNTRY CLUB No. 79-377Supreme Court of New Hampshire Cheshire Decided September 3, 1980 1. Verdict — Directed Verdict — Standards A motion for a directed verdict or nonsuit may be granted only when the evidence and all reasonable inferences […]

696 A.2d 1117 THE STATE OF NEW HAMPSHIRE v. SEAN CROFT Nos. 95-451, 95-453Supreme Court of New Hampshire Strafford Decided June 19, 1997 1. Evidence — Relevance — Character Evidence In a prosecution for assault, where the trial court stated that proposed testimony from an assistant county attorney would be permissible “if the proper foundation […]

842 A.2d 816 OPINION OF THE JUSTICES (APPOINTMENT OF CHIEF JUSTICE OF THE SUPREME COURT). No. 2003-799.Supreme Court of New Hampshire Request of Governor And Council December 19, 2003. 1. Courts — Supreme Court — Practice and Procedure The New Hampshire Constitution empowers the justices of the supreme court to render advisory opinions, outside the […]

383 A.2d 1119 PAUL H. INGERSOLL v. BURTON W. WILLIAMS a. No. 7921Supreme Court of New Hampshire Grafton Decided March 10, 1978 1. Municipal Corporations — Police Officers — Dismissal Procedures Statute providing that an appointed police chief may be dismissed only for cause after he has been presented with a written specification of the […]

471 A.2d 1166 JAMES F. MacKINNON v. HANOVER INSURANCE COMPANY No. 82-582Supreme Court of New Hampshire Hillsborough Decided February 3, 1984 1. Insurance — Construction of Contracts — Exclusionary Clauses The supreme court held that a provision in homeowner’s liability insurance policy which excluded coverage for liability for “bodily injury . . . which is […]

311 A.2d 127 ELIZABETH N. MATTHEWS v. JEAN’S PASTRY SHOP, INC. THEODORE MATTHEWS v. SAME No. 6347Supreme Court of New Hampshire Cheshire Decided October 31, 1973 1. Disclosure to jury that a defendant carries liability insurance is not permitted in this State, except in cases of unavoidable necessity. 2. Trial court in its discretion properly […]

349 A.2d 591 CARROLL L. SHANNON v. ROY W. FOSTER a. No. 6955Supreme Court of New Hampshire Carroll Decided December 31, 1975 1. The suspension of plaintiff’s unemployment compensation benefits for his refusal to accept vocational rehabilitation, under the provisions of a statute enacted after the original compensation award had been made to plaintiff, was […]

63 A.2d 798 IN RE ESTATE ABRAHAM BURTMAN. No. 3808.Supreme Court of New Hampshire Strafford Probate Court. Decided February 1, 1949. The legacy and succession tax should be assessed and computed in accordance with the disposition made by the will rather than by the terms of a compromise agreement for the redistribution of the assets […]

75 A.2d 409 SCHOOL DISTRICT No. 3 IN LISBON v. SCHOOL DISTRICT No. 1 IN LISBON. No. 3960.Supreme Court of New Hampshire Grafton. Decided August 11, 1950. Where the parties to a petition for a declaratory judgment joined in seeking a determination of the status of a school district the propriety of the form of […]

575 A.2d 1293 NIKI KAKRIS, EXECUTRIX OF THE WILL OF CHRISTINA KAKRIS v. ARMAND MONTBLEAU AND THE TOWN OF PELHAM No. 88-189Supreme Court of New Hampshire Hillsborough Decided May 23, 1990 1. Appeal and Error — Findings — Master’s Findings Master’s findings will not be disturbed unless they are unsupported by the evidence or are […]

373 A.2d 1323 OPINION OF THE JUSTICES No. 7780Supreme Court of New Hampshire Request of House of Representatives Decided May 27, 1977 1. Public Employers — Retirement — Benefits Proposed legislation which provided that any member of New Hampshire retirement system who retires after July 1, 1977, shall be entitled to receive supplemental allowance, if […]

451 A.2d 1287 JOSEPH S. HAAS, JR. v. TOWN OF ASHLAND No. 81-450Supreme Court of New Hampshire Grafton Decided October 12, 1982 Taxation — Exemptions — Religious Institutions Superior court affirmance of denial of local property tax exemption as a church on the ground that the building was not one used principally for religious training […]

446 A.2d 860 F. A. GRAY, INC. a. v. KONSTANTINO DEMOPOULOS No. 81-011Supreme Court of New Hampshire Strafford Decided June 9, 1982 1. Appeal and Error — Evidence — Sufficiency of Evidence In a workmen’s compensation action, whether the claimant’s continued disability was causally related to his original accident at work was a question of […]

727 A.2d 1009 MERRILL LYNCH FUTURES, INC. v. DAVID S. SANDS No. 97-553Supreme Court of New Hampshire Hillsborough Decided April 21, 1999 1. Arbitration — Awards — Modification “Plain mistake” justifying correction or modification of arbitration award is error that is apparent on face of record and which would have been corrected had it been […]

35 A.2d 390 DONALD R. VAUGHN a. v. NEW DURHAM. No. 3451.Supreme Court of New Hampshire Strafford. Decided December 7, 1943. The purpose of P.L., c. 80, ss. 32, 33, is to compensate the landowner for injury to his land caused by certain alterations in the adjoining highway, since recompense for such injury was not […]

426 A.2d 457 THE STATE OF NEW HAMPSHIRE v. FRANK HOWARD No. 80-033Supreme Court of New Hampshire Hillsborough Decided February 23, 1981 1. Rape — Rape Shield Law — Nature and Purpose Intent of statute barring admission into evidence of prior sexual activity of rape victims is to protect victims from being subject to unnecessary […]

162 A.2d 172 STATE v. THEODORE GONYER. No. 4857.Supreme Court of New Hampshire Merrimack.Argued June 8, 1960. Decided June 27, 1960. 1. A conviction for the crime of escape from the State Prison under RSA 622:13 does not constitute double jeopardy in violation of N.H. Const., Pt. I, Art. 16th by the mere fact that […]

593 A.2d 1153 RIVERWOOD COMMERCIAL PROPERTIES, INC. v. FARNUM W. COLE a. No. 90-321Supreme Court of New Hampshire Merrimack Decided July 26, 1991 1. Quieting Title — Burden of Proof In an action to quiet title, the petitioner has the burden of proving good title as against all other interested parties. 2. Appeal and Error […]

776 A.2d 1277 IN RE NATHAN L. No. 2000-138Supreme Court of New Hampshire Concord District Court Decided July 13, 2001 1. Minors — Crimes and Delinquency — Proceedings Both adults and juveniles are entitled to constitutionally adequate notice of the charges before trial. N.H. CONST. pt. I, art, 15; U.S. CONST. amends. V, XIV. Page […]

393 A.2d 561 THE STATE OF NEW HAMPSHIRE v. JOHN RADFORD No. 78-107Supreme Court of New Hampshire Rockingham Decided October 30, 1978 1. Mental Health — Commitment — Release Once the threshold determination has been made that a person is dangerous within meaning of statute providing for committal of dangerous persons and is to be […]

32 A.2d 821 DORA JEAN v. ASSOCIATION CANADO-AMERICAINE. No. 3420.Supreme Court of New Hampshire Hillsborough. Decided June 25, 1943. In assumpsit by the beneficiary of life insurance certificates of a fraternal benefit society, whose bylaws provided for suspension after a thirty day period after non-payment of an assessment, recovery was barred because after suspension the […]

846 A.2d 551 IN RE JUVENILE 2003-248. No. 2003-248.Supreme Court of New Hampshire Littleton Family DivisionArgued: February 5, 2004. Opinion Issued: April 19, 2004. 1. Minors — Crimes and Delinquency — Proceedings Where, two days before turning seventeen, a juvenile consented to the court’s extended jurisdiction, and seven days later, at a juvenile review hearing, […]

807 A.2d 1289 THE STATE OF NEW HAMPSHIRE v. ADAM NEMSER No. 2000-443Supreme Court of New Hampshire Lebanon District CourtArgued July 11, 2002 Opinion Issued October 25, 2002 1. Search and Seizure — Generally — Searches by Private Parties Constitutional restrictions apply to a seizure of evidence by a private party acting as an agent […]

761 A.2d 502 APPEAL OF LUCINDA KIRK LINN APPEAL OF JODI A. SEAVER (New Hampshire Department of Labor) Nos. 98-103, 98-104Supreme Court of New Hampshire Department of Labor Decided October 31, 2000 1. Labor — Regulation — Whistleblower’s Act Department of labor properly denied employee’s whistleblower claim for failure to utilize her employer’s internal grievance […]

20 A.3d 223 THE STATE OF NEW HAMPSHIRE v. MICHAEL EULIANO. No. 2009-797.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: November 10, 2010. Opinion Issued: March 16, 2011. 1. Appeal and Error — Plain Error — Tests The plain error rule allows an appellate court to exercise its discretion to correct errors not raised before […]

316 A.2d 187 LEONARD HAYES v. PAUL G. LeBLANC AND AMERICAN FIDELITY FIRE INSURANCE COMPANY No. 6759Supreme Court of New Hampshire Merrimack Decided February 28, 1974 1. The presumption favoring the prospective operation of provisions added to an existing law by a statutory amendment affecting contract rights is not controlling when the language of the […]

111 A.2d 823 TEXTILE WORKERS UNION v. TEXTRON, INC. No. 4377.Supreme Court of New Hampshire Hillsborough.Argued January 4, 1955. Decided February 25, 1955. The authorized representative of an unincorporated labor union may by bill in equity maintain a single action in behalf of the numerous union members to recover from the employer certain wages allegedly […]

96 A.2d 204 BELL SHOPS OF NEW HAMPSHIRE, INC. v. ALEXANDER ROSENBLATT. No. 4205.Supreme Court of New Hampshire Merrimack. Decided April 8, 1953. The refusal of the Trial Court to grant specific performance of an alleged oral agreement to renew a written lease was justified on the evidence. Where the record on appeal indicated that […]

839 A.2d 1 WERME’S CASE. No. 2002-719.Supreme Court of New Hampshire Committee On Professional ConductArgued: November 5, 2003. Opinion Issued: December 19, 2003. 1. Attorneys — Professional Conduct Rules — Violations Where attorney counseled her client to violate a statute, she violated the rule stating that “[a] lawyer shall not counsel a client to engage, […]

392 A.2d 576 RONALD LAWTON v. GREAT SOUTHWEST FIRE INSURANCE COMPANY No. 7876Supreme Court of New Hampshire Hillsborough Decided September 27, 1978 1. Pleading — Motion To Dismiss — Inferences In determining whether the defendant’s motion to dismiss should be granted, all facts properly pleaded are assumed to be true and the reasonable inferences therefrom […]

377 A.2d 612 CONCRETE CONSTRUCTORS, INC. v. THE MANCHESTER BANK No. 7587Supreme Court of New Hampshire Belknap Decided August 29, 1977 1. Res Judicata — Generally Heart of doctrine of res judicata is that final judgment by court of competent jurisdiction is conclusive upon parties in subsequent litigation involving same cause of action; same result […]

866 A.2d 959 THE STATE OF NEW HAMPSHIRE v. FRANCIS KEPPLE. No. 2003-432.Supreme Court of New Hampshire Rockingham.Argued: November 9, 2004. Opinion Issued: January 24, 2005. 1. Search and Seizure — Generally — Electronic Surveillance State statute authorizing a law enforcement officer to intercept oral communications when one of the parties has given prior consent […]

352 A.2d 703 REID ANTHONY HILLE v. KATHLEEN MARY HILLE No. 7288Supreme Court of New Hampshire Strafford Decided February 27, 1976 1. Master’s implied finding that benefits to children to be gained by placing them with defendant outweighed any risk of emotional or psychological disorientation that might result from change in custody was not unreasonable […]

611 A.2d 638 RITA C. AND JEAN P. ST-LAURENT v. FIERMONTI OLDSMOBILE, INC. a. No. 91-283Supreme Court of New Hampshire Merrimack Decided July 30, 1992 1. Trial — Questions of Law — Motion for Judgment Notwithstanding Verdict A motion for judgment non obstante verdicto, or judgment notwithstanding the verdict, presents an issue only of law. […]

552 A.2d 81 THE STATE OF NEW HAMPSHIRE v. KNUTE WILLIAM SUNDSTROM No. 87-105Supreme Court of New Hampshire Hillsborough Decided December 12, 1988 1. Constitutional Law — Right to Counsel — Generally Right to counsel is a fundamental one which transcends the enforcement of the criminal law and should be liberally observed by those who […]

540 A.2d 1239 THE STATE OF NEW HAMPSHIRE v. BRIDGET RICCIO No. 87-404Supreme Court of New Hampshire Hillsborough Decided March 29, 1988 1. Infants — Delinquency Proceedings — Rights of Juveniles While the decision to transfer a juvenile to superior court for trial as an adult is statutorily vested in the sound discretion of the […]

242 A.2d 61 ARTHUR DIXON a. v. CHARLES F. WHITTEMORE a. No. 5740.Supreme Court of New Hampshire Rockingham.Argued April 4, 1968. Decided May 29, 1968. 1. A petition instituted by the State Division of Welfare alleging that certain children of the petitionees were neglected children and filed in a district court of this state on […]

408 A.2d 415 EVELYN FOSS v. BYRNES CHEVROLET, INC., a. BYRNES CHEVROLET, INC. v. GENERAL MOTORS CORPORATION No. 79-027Supreme Court of New Hampshire Strafford Decided November 14, 1979 1. Torts — Strict Products Liability — Evidence Plaintiff in a strict liability action against an automobile dealer and manufacturer presented sufficient evidence to avoid a nonsuit […]

497 A.2d 1237 EDWARD C. FIELDERS v. MICHAEL J. CUNNINGHAM, WARDEN, NEW HAMPSHIRE STATE PRISON LEONARD R. NIQUETTE v. MICHAEL J. CUNNINGHAM, WARDEN, NEW HAMPSHIRE STATE PRISON No. 84-365 No. 84-394Supreme Court of New Hampshire Merrimack Decided August 16, 1985 Prisons — Good Conduct — Calculation of Credits Superior court properly dismissed prison inmates’ petitions […]

289 A.2d 398 PHILLIP L. STEVENS, EX’R v. MADELINE THURSTON a. No. 6356.Supreme Court of New Hampshire Carroll. Decided March 31, 1972. 1. Confidential communications between a client and his attorney are privileged and protected from inquiry in the absence of a waiver by the client during his lifetime or by his representatives after his […]

706 A.2d 680 APPEAL OF TOWN OF BEDFORD (New Hampshire Public Employee Labor Relations Board) No. 96-524Supreme Court of New Hampshire Public Employee Labor Relations Board Decided March 10, 1998 1. Public Employees — Generally — Definitions The common meaning of “work” has been defined as physical or mental exertion (whether burdensome or not) controlled […]

453 A.2d 1252 JOHN VANNOTE a. v. WESLEY G. LAURIE a. No. 82-030Supreme Court of New Hampshire Sullivan Decided November 5, 1982 1. Appeal and Error — Findings — Supporting Evidence The supreme court should not disturb a trial court’s rulings when they are supported by the evidence. 2. Evidence — Weight and Sufficiency — […]

547 A.2d 260 ANTHONY T. PANTO v. MOORE BUSINESS FORMS, INC. No. 87-197Supreme Court of New Hampshire U.S. District Court Decided August 5, 1988 1. Labor Relations — Employment Contracts — Modification An employer’s unilateral promulgation to present at-will employees of a statement of intent to pay and provide salary and other benefits to qualifying […]

409 A.2d 1145 ELTRA CORPORATION v. TOWN OF HOPKINTON No. 78-246Supreme Court of New Hampshire Board of Taxation Decided December 28, 1979 1. Statutes — Construction and Application — Legislative History Where history of a bill showed that an amendment, which added requirement that board of taxation determine, after hearing, the “just share of the […]

5 A.2d 713 JOHN W. JACKSON v. ALBERT M. SMART. No. 3059.Supreme Court of New Hampshire Strafford. Decided April 4, 1939. On a second transfer of a case, the sufficiency of the evidence to sustain the verdict will not be considered if substantially similar to that held sufficient on the former transfer. Contributory negligence is […]

355 A.2d 418 MARTIN G. BATTCOCK a. v. TOWN OF RYE a. No. 7224Supreme Court of New Hampshire Rockingham Decided March 31, 1976 1. Plaintiffs were entitled to a building permit for their nonconforming lots as a matter of law under the “grandfather clause” of the zoning Page 168 ordinance, which specifically excepted nonconforming lots […]

109 A.2d 840 VIOLA F. GAGNE, Adm’x a. v. GARRISON HILL GREENHOUSES, INC. a. No. 4338.Supreme Court of New Hampshire Strafford.Argued November 3, 1954. Decided December 15, 1954. The provisions of the workmen’s compensation law (Laws 1947, c. 266, s. 12, as amended by Laws 1949, c. 160) imposing a lien in favor of an […]

498 A.2d 304 APPEAL OF TOWN OF HAMPTON FALLS (New Hampshire Water Supply and Pollution Control Commission) No. 84-180Supreme Court of New Hampshire Water Supply and Pollution Control Commission Decided July 26, 1985 1. Statutes — Construction and Application — Legislative Intent Statute exempting water and air pollution control facilities from taxation will be construed […]