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 […]
Category: New Hampshire Court Opinions
ELTRA CORP. v. TOWN OF HOPKINTON, 119 N.H. 907 (1979)
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 […]
JACKSON v. SMART, 90 N.H. 153 (1939)
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 […]
WOODSUM STEAMBOAT CO. v. SUNAPEE, 74 N.H. 495 (1908)
69 A. 577 WOODSUM STEAMBOAT CO. v. SUNAPEE. Supreme Court of New Hampshire Sullivan. Decided April 7, 1908. The residence of a voluntary corporation, so far as it has one, is the town or city where its business is in fact principally transacted, and not the place where the clerk’s records are kept and stockholders’ […]
BATTCOCK v. TOWN OF RYE, 116 N.H. 167 (1976)
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 […]
GAGNE v. GREENHOUSES, 99 N.H. 292 (1954)
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 […]
SHAW v. SHAW, 60 N.H. 565 (1881)
SHAW v. SHAW. Supreme Court of New Hampshire Merrimack. Decided June, 1881. In an action on a promissory note against the maker, defended by subsequent attaching creditors, the note, when its execution is proved or admitted, is prima facie evidence of the maker’s indebtedness. ASSUMPSIT, on notes made by the defendant, and payable to the […]
APPEAL OF TOWN OF HAMPTON FALLS, 126 N.H. 805 (1985)
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 […]
STATE v. COLBY, 116 N.H. 790 (1976)
368 A.2d 587 STATE OF NEW HAMPSHIRE v. JOHN R. COLBY No. 7422Supreme Court of New Hampshire Hillsborough Decided December 30, 1976 1. Voir dire of a jury in this State, except in capital cases, has always been conducted by the trial court rather than by counsel. Except for certain statutory questions, RSA 500-A:22 (Supp. […]
KALLOCH v. BOARD OF TRUSTEES, 116 N.H. 443 (1976)
362 A.2d 201 ELEANOR M. KALLOCH v. BOARD OF TRUSTEES, NEW HAMPSHIRE RETIREMENT SYSTEM No. 7294Supreme Court of New Hampshire Original Decided July 30, 1976 1. The legislature should not be presumed to do an idle and meaningless act or an act that would lead to an absurd result, and if the legislative language used […]
COMMERCIAL UNION ASSURANCE CO. v. BROWN CO., 120 N.H. 620 (1980)
419 A.2d 1111 COMMERCIAL UNION ASSURANCE COMPANY v. BROWN COMPANY No. 79-462Supreme Court of New Hampshire Coos Decided September 17, 1980 1. Contracts — Indemnification — Indemnity Provision In indemnity provision, express language is not necessary to obligate a contractor to protect against injuries resulting from owner’s negligence where the parties’ intention to afford such […]
STATE v. SOUCY, 97 N.H. 233 (1951)
84 A.2d 838 STATE v. EDGAR F. SOUCY. No. 4078.Supreme Court of New Hampshire Hillsborough. Decided December 4, 1951. To constitute the offense of reckless driving under R.L., c. 118, s. 12, the vehicle must be operated under such circumstances, and in such a manner, as to show a willful or reckless disregard of consequences […]
BISIG v. BISIG, 124 N.H. 372 (1983)
469 A.2d 1348 JOANNE M. BISIG v. RICHARD W. BISIG No. 82-443Supreme Court of New Hampshire Rockingham Decided December 29, 1983 1. Divorce — Alimony — Subsequent Marriages In Eaton v. Eaton, 90 N.H. 4 (1939), wherein the supreme court held that marriage terminates the right to further alimony, unless extraordinary circumstances would make it […]
ATTORNEY-GENERAL v. BICKFORD, 77 N.H. 433 (1914)
92 A. 835 ATTORNEY-GENERAL (ex rel. EDWARD B. WOODBURY a.) v. CHARLES W. BICKFORD. Supreme Court of New Hampshire Hillsborough. Decided December 7, 1914. Where a majority vote of the electing body is required for the choice of a municipal officer, it is not necessary that the successful candidate should receive a majority of the […]
EMERSON v. KING, 118 N.H. 684 (1978)
394 A.2d 51 DENLEY W. EMERSON v. VICTOR R. KING a. No. 7954Supreme Court of New Hampshire Carroll Decided October 30, 1978 1. Property — Estates — Life Estates Where deed provisions did not terminate the grantees’ estate automatically upon the death of the grantees, but contained repurchase agreement whereby the grantees agreed that any […]
DELANO’S CASE, 58 N.H. 5 (1876)
DELANO’S CASE. Supreme Court of New Hampshire Strafford. Decided December, 1876. An attorney may be removed from office for wrongfully appropriating to his own use money of a town received by him as collector of taxes. DOE, C. J. This is a proceeding instituted by the court on the question whether Delano should be allowed […]
STATE EMPLOYEES’ ASS’N v. CHENEY, 119 N.H. 822 (1979)
409 A.2d 775 THE STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE, INC. v. ELIZABETH W. CHENEY AND PUBLIC EMPLOYEE LABOR RELATIONS BOARD No. 79-121Supreme Court of New Hampshire Public Employees Labor Relations Board Decided November 14, 1979 1. Statutes — Construction and Application — Legislative Intent Supreme Court is the final arbiter of intent of legislature […]
CLARK v. SLAYTON, 63 N.H. 402 (1885)
1 A. 113 CLARK v. SLAYTON. Supreme Court of New Hampshire Hillsborough. Decided June, 1885. A Suit in equity is not commenced until the bill is filed. BILL IN EQUITY, to recover money verbally promised in support of a baseball club. The defendant in his answer alleges that there is no equity in the bill, […]
OPINION OF THE JUSTICES, 113 N.H. 466 (1973)
309 A.2d 502 OPINION OF THE JUSTICES No. 6737Supreme Court of New Hampshire Request of Governor and Council Decided September 25, 1973 1. Governor, with advice of Executive Council, has authority under RSA 124:1 to apply for federal financial aid to pay for the cost of removing debris from certain rivers and streams of the […]
SYMMES v. SYMMES, 118 N.H. 488 (1978)
387 A.2d 1181 ELIZABETH B. SYMMES v. ALAN W. SYMMES No. 78-056Supreme Court of New Hampshire Strafford Decided June 27, 1978 1. Divorce — Alimony — Modification In a hearing pursuant to divorced wife’s contempt petition and request for modification of order for alimony, master’s finding that the wife was in need of increased alimony […]
RITZMAN v. KASHULINES, 126 N.H. 286 (1985)
490 A.2d 792 THOMAS A. RITZMAN AND JANE L. RITZMAN v. MARTIN J. KASHULINES AND D. L. KASHULINES d/b/a THE CRACKER BARREL No. 84-151Supreme Court of New Hampshire Merrimack Decided March 20, 1985 1. Highways — Maintenance and Control — Generally The legislature has imposed on local municipalities the obligation of maintenance and repair of […]
GOLDBERG v. AL TINSON, INC., 115 N.H. 271 (1975)
338 A.2d 556 ROBERT A. GOLDBERG DOROTHY H. GOLDBERG v. AL TINSON, INC. HOWARD D. JOHNSON Co., a.k.a. HOWARD D. JOHNSON COMPANY No. 7031Supreme Court of New Hampshire Carroll Decided May 30, 1975 1. Evidence that the common grantor never filed a plot plan or a statement of conditions applicable to all conveyances and that […]
FIDELITY CO. v. LINEHAN, 70 N.H. 395 (1900)
47 A. 611 UNITED STATES FIDELITY AND GUARANTY CO. v. LINEHAN. Supreme Court of New Hampshire Hillsborough. Decided June, 1900. A foreign corporation empowered to act as surety on obligations may be licensed to transact such business in this state, upon complying with the laws relating to foreign insurance companies and their agents, although authorized […]
STATE v. BESK, 138 N.H. 412 (1994)
640 A.2d 775 THE STATE OF NEW HAMPSHIRE v. JOSEPH BESK No. 93-126Supreme Court of New Hampshire Hillsborough-northern judicial district Decided April 12, 1994 1. Offenses — Rape — Evidence; Admissibility In appeal from conviction of aggravated felonious sexual assault involving two boys, court rejected defendant’s contention that rape shield law did not apply to […]
HAYWARD v. SPAULDING, 75 N.H. 92 (1908)
71 A. 219 HAYWARD, Adm’r, v. SPAULDING a. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1908. The interpretation of a will is the ascertainment of the testator’s expressed purpose as disclosed by all the competent evidence, and not the application of technical rules of construction, under which particular phrases or terms are necessary […]
ASSOCIATION v. GORDON, 63 N.H. 505 (1885)
3 A. 426 WINNIPESAUKEE CAMP-MEETING ASSOCIATION v. GORDON a. Supreme Court of New Hampshire Belknap. Decided December, 1885. A stipulation in a deed of a lot of land in the grounds of the Winnipesaukee Camp-Meeting Association prohibiting the erection or use of buildings for stores, boarding-houses, hotels, or stables thereon, with out the consent of […]
CHASE v. BENNETT, 59 N.H. 394 (1879)
CHASE a. v. BENNETT. Supreme Court of New Hampshire Hillsborough. Decided December, 1879. In an action for neglect of a city clerk to enter a mortgage upon the record index, whereby the plaintiffs were induced to take a mortgage Page 395 of the same property supposing it to be unincumbered, counsel fees paid in defending […]
PROULX v. GOODRICH, 77 N.H. 297 (1914)
91 A. 180 AMEDEE PROULX v. WILLIAM S. GOODRICH. Supreme Court of New Hampshire Rockingham. Decided June 2, 1914. Where a boy fifteen years old and of average capacity is injured by machinery upon which he had worked safely for fourteen weeks, the master is not liable in the absence of evidence that the accident […]
COLE v. BANK, 59 N.H. 53 (1879)
COLE and Wife v. LACONIA SAVINGS BANK. Supreme Court of New Hampshire Belknap. Decided June, 1879. No homestead right exists in land on which there is no dwelling house, and which is not occupied or used, nor intended to be occupied or used, as a home place or part of a home place, although the […]
STATE v. GROSS, 116 N.H. 527 (1976)
363 A.2d 408 STATE OF NEW HAMPSHIRE v. ROBERT D. GROSS No. 7581Supreme Court of New Hampshire Original Decided September 13, 1976 1. Defendant, a member of the New Hampshire bar, whose motion for release on bail pending appeal from his conviction for criminal contempt had been denied by the trial court, was ordered released […]
SCARBOROUGH v. ARNOLD, 117 N.H. 803 (1977)
379 A.2d 790 SUSAN SCARBOROUGH v. ROBERT B. ARNOLD No. 7682Supreme Court of New Hampshire Merrimack Decided October 24, 1977 1. Civil Rights — Sex Discrimination — Employment Where State Commission for Human Rights determined that there had been an unlawful discriminatory practice based upon sex of job applicant, but did not specify the nature […]
STATE v. GARLAND, 111 N.H. 250 (1971)
279 A.2d 593 STATE v. ROBERT GARLAND. No. 6215.Supreme Court of New Hampshire Carroll. Decided June 30, 1971. 1. When the drug dependency of an accused is questioned by either party while the accused is under indictment for a felony, RSA 172:13 (11-a) (supp.) does not require a trial judge to order the accused into […]
CONVERSE v. NOYES, 66 N.H. 570 (1891)
22 A. 556 CONVERSE a. v. NOYES a. Supreme Court of New Hampshire Merrimack. Decided June, 1891. A resulting trust in land cannot be created by a parol agreement of the parties, but the ownership of the money from the payment of which a resulting trust arises may be shown by parol evidence. BILL IN […]
STRONG v. COMPANY, 82 N.H. 221 (1926)
131 A. 688 EDITH STRONG v. NEW HAMPSHIRE BOX COMPANY a. Supreme Court of New Hampshire Cheshire. Decided January 5, 1926. A petition to recover compensation under the employers’ liability act is properly dismissed upon proof that the petitioner has previously brought an action at common law against the employer based upon the injury for […]
LIBERATO v. LIBERATO, 93 N.H. 219 (1944)
38 A.2d 880 AURORE M. LIBERATO v. ALBERT J. LIBERATO. No. 3490.Supreme Court of New Hampshire Strafford. Decided June 26, 1944. A cause for divorce based on conviction of a crime and imprisonment is not sufficient under R. L., c. 339, s. 6, Par. IV to confer jurisdiction on the Courts of this State where […]
STATE EMPLOYEES ASSOC. OF N.H. v. N.H. DIV., 158 N.H. 338 (2009)
STATE EMPLOYEES ASSOCIATION OF NEW HAMPSHIRE, SEIU, LOCAL 1984 a. v. NEW HAMPSHIRE DIVISION OF PERSONNEL. No. 2008-257.Supreme Court of New Hampshire. Merrimack.Argued: November 19, 2008. Opinion Issued: February 18, 2009. 1. Public Employees — Retirement System — Statutes The legislature’s intent to exclude nonqualified service credit purchased under the repealed provision of the creditable […]
COREY STEEPLEJACKS CO. v. CRAY, 106 N.H. 126 (1965)
206 A.2d 617 COREY STEEPLEJACKS, INC. v. GENE P. CRAY d/b/a CRAY OIL COMPANY. No. 5267.Supreme Court of New Hampshire Cheshire.Argued December 1, 1964. Decided February 1, 1965. 1. The modification of a pretrial order is within the discretion of the Trial Court (Superior Court Rules 51 (7) (b)). 2. In an action to recover […]
STATE v. PANICHAS, 107 N.H. 359 (1966)
222 A.2d 211 STATE v. THOMAS J. PANICHAS. No. 5498.Supreme Court of New Hampshire Rockingham.Argued June 8, 1966. Decided August 31, 1966. 1. Indictments are required to be so phrased as to inform the respondent of the nature and cause of the crime with which he is charged with sufficient definiteness so that he can […]
HEALY v. COUNTY, 70 N.H. 588 (1900)
49 A. 89 HEALY v. HILLSBOROUGH COUNTY. Supreme Court of New Hampshire Hillsborough. Decided December, 1900. A police officer who testifies in a police court is not entitled to fees as a witness in addition to compensation for attendance. A witness who testifies before a grand jury in several cases on the same day is […]
BATES’S CASE, 55 N.H. 325 (1875)
BATES’S CASE. Supreme Court of New Hampshire Sullivan. Decided March 11, 1875. Contempt of Court — Evidence. In general, proceedings for a contempt of court, not committed in the presence of the court, ought to be substantially according to the course of practice in criminal trials; and so, where evidence is introduced in such case […]
ROY v. PERRIN, 122 N.H. 88 (1982)
441 A.2d 1151 CLEO R. ROY v. EVERETT I. PERRIN, WARDEN, NEW HAMPSHIRE STATE PRISON No. 81-103Supreme Court of New Hampshire Merrimack Decided February 12, 1982 1. Criminal Law — Plea of Guilty — Competency The standard for assessing the competency to plead guilty is whether the defendant has sufficient present ability to consult with […]
STATE v. BEAUPRE, 121 N.H. 1013 (1981)
437 A.2d 301 THE STATE OF NEW HAMPSHIRE v. JERRY WAYNE BEAUPRE No. 80-453Supreme Court of New Hampshire Merrimack Decided November 20, 1981 1. Criminal Law — Sentence — Determination Whenever the superior court, after a trial de novo, substantially increases a sentence imposed by the lower court, the record must reflect the reasons for […]
CALLEY v. RAILROAD, 93 N.H. 359 (1945)
42 A.2d 329 FLORENCE CALLEY (by her mother and next friend) v. BOSTON MAINE RAILROAD. ELLA CALLEY v. SAME. ROSELLE MacDONALD v. SAME. No. 3522.Supreme Court of New Hampshire Merrimack. Decided May 1, 1945. The provisions of R. L., c. 105, ss. 2, 3, relating to highway railings erected by towns are not applicable to […]
FLEWELLING v. ROBY, 97 N.H. 97 (1951)
82 A.2d 83 ROBERT L. FLEWELLING v. WILLIAM ROBY. No. 3970.Supreme Court of New Hampshire Grafton. Decided July 2, 1951. A grantor cannot convey his interest in real estate to another merely by substituting the latter’s name for that of the grantee named in the deed. Certain evidence warranted the finding that the acts of […]
MOONEY v. NATIONWIDE MUT. INS. CO., 149 N.H. 355 (2003)
822 A.2d 567 MICHAEL L. MOONEY v. NATIONWIDE MUTUAL INSURANCE CO. No. 2002-231Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued March 5, 2003 Opinion Issued April 22, 2003 1. Insurance — Policies — Recission Where the trial court rescinded plaintiff’s automobile policy with respect to a particular vehicle because it found that plaintiff made a […]
STATE v. GUAY, 162 N.H. 375 (2011)
THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER S. GUAY. No. 2010-313.Supreme Court of New Hampshire. Grafton.Argued: June 15, 2011. Opinion Issued: September 20, 2011. 1. Trial — Criminal Cases — Generally— Mistrial Mistrial is the proper remedy only if the evidence or comment complained of was not merely improper, but also so prejudicial that it […]
PERKINS v. PERKINS, 68 N.H. 264 (1895)
38 A. 1049 PERKINS, Adm’r, v. PERKINS a. Supreme Court of New Hampshire Rockingham. Decided June, 1895. In a suit by an administrator to recover a bank-book of one who claims it as executrix and sole legatee, the defendant will not be permitted to testify as to conversations and transactions between the testator and intestate, […]
STATE v. HENTSCHEL, 98 N.H. 382 (1953)
101 A.2d 456 STATE v. ALBERT A. HENTSCHEL. No. 4222.Supreme Court of New Hampshire Hillsborough.Argued December 1, 1953. Decided December 21, 1953. The provisions of Article 16th of the Bill of Rights relating to former acquittal do not operate to prevent the application of the doctrine of res judicata to criminal proceedings. In a criminal […]
BYRNE v. BYRNE, 120 N.H. 428 (1980)
418 A.2d 1267 ELEANOR BYRNE v. BYRNE No. 79-389Supreme Court of New Hampshire Rockingham Decided June 12, 1980 Divorce — Custody and Support of Children — Period of Minority Where master implicitly found that the intention of the parties in a divorce action was that support of minor child continue until the age of twenty-one […]
STATE v. SCHOFIELD, 114 N.H. 454 (1974)
322 A.2d 603 STATE OF NEW HAMPSHIRE v. RICHARD SCHOFIELD No. 6612Supreme Court of New Hampshire Rockingham Decided July 19, 1974 1. The terms “reasonable ground” and “probable cause” for an arrest without a warrant mean substantially the same thing. 2. The record amply supported a finding that a burglary had been committed and that […]
LOCKWOOD v. DICKEY, 83 N.H. 365 (1928)
142 A. 689 PHILIP C. LOCKWOOD v. GEORGE A. DICKEY. Supreme Court of New Hampshire Hillsborough. Decided June 28, 1928. If one of two joint makers of a note accepts the note of a third party in payment of his own claim and in assumption of his co-maker’s claim against their debtor to whom they […]
PETITION OF PARKER, 111 N.H. 21 (1971)
273 A.2d 679 PETITION OF ROBERT A. PARKER. No. 6150.Supreme Court of New Hampshire Original. Decided January 29, 1971. 1. Plaintiff’s petition for post conviction relief invoking the original jurisdiction of the supreme court was dismissed without prejudice to any proceeding he may commence in the superior court for findings of fact. Robert A. Parker, […]
YOUNG v. RAILROAD, 69 N.H. 356 (1898)
41 A. 268 YOUNG v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided June, 1898. A servant who voluntarily enters into an employment involving danger of personal injury which the master might have avoided, takes upon himself the risk of all hazards incident to the employment which are known to him, or which […]
DIGITAL EQUIPMENT CORP. v. INT’L DIGITAL SYS. CORP., 130 N.H. 362 (1988)
540 A.2d 1230 DIGITAL EQUIPMENT CORPORATION v. INTERNATIONAL DIGITAL SYSTEMS CORPORATION No. 87-339Supreme Court of New Hampshire Hillsborough Decided March 10, 1988 1. Pleading — Motion To Dismiss — Forum Non Conveniens A motion to dismiss on the ground of forum non conveniens is generally one to be decided in the discretion of the trial […]
STATE v. TAYLOR, 139 N.H. 96 (1994)
649 A.2d 375 THE STATE OF NEW HAMPSHIRE v. EVERETT J. TAYLOR No. 93-347Supreme Court of New Hampshire Strafford Decided November 2, 1994 1. Criminal Law — Confrontation of Witnesses — Particular Cases In a criminal prosecution, in camera review of a victim’s records compiled by division of children and youth services will be denied […]
RICHELSON v. RICHELSON, 130 N.H. 137 (1987)
536 A.2d 176 ANDREW M. RICHELSON v. LINDA RICHELSON No. 86-525Supreme Court of New Hampshire Belknap Decided December 7, 1987 1. Divorce — Appeals — Tests and Standards In divorce and custody dispute, master’s failure to hold a hearing or to rule on the guardian ad litem’s motion for a temporary order, in which plaintiff […]
FIREMAN’S INS. CO. v. LaCROIX, 110 N.H. 335 (1970)
266 A.2d 860 FIREMAN’S FUND INSURANCE COMPANY v. CARL RICHARD LaCROIX a. No. 5990.Supreme Court of New Hampshire Coos. Decided June 30, 1970. 1. The definition of “motor vehicle” in RSA 268:1 (VII), (IX), as “any self-propelled vehicle” prevails over the definition of “non-owned automobile, “defined as a “four wheel . . . automobile,” in […]
BARBER v. SOMERS, 102 N.H. 38 (1959)
150 A.2d 408 EUGENE L. BARBER a. v. EMMA L. SOMERS. No. 4692.Supreme Court of New Hampshire Hillsborough.Argued November 6, 1958. Reargued March 4, 1959. Decided April 7, 1959. 1. The granting of rescission for mutual mistake, misrepresentation or fraud is not a matter of right but is discretionary with the Trial Court. 2. Rescission […]
IN RE BILL F., 145 N.H. 267 (2000)
761 A.2d 470 IN RE: BILL F. No. 99-465Supreme Court of New Hampshire Coos Decided September 28, 2000 1. Remedies — Extraordinary Writs — Certiorari Because district court never issued final dispositional order following consent decree in proceeding initiated by division for children, youth and families, minor’s father had no right to appeal de novo […]
WOOD v. RAILROAD, 78 N.H. 207 (1916)
98 A. 480 FRANK WOOD a. v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Sullivan. Decided June 6, 1916. A special contract by a carrier to deliver freight within a certain time from shipment cannot be established merely by evidence that the transportation on previous occasions was within that time. A carrier cannot be […]
HARDWARE MUT. CAS. CO. v. HOPKINS, 106 N.H. 412 (1965)
213 A.2d 692 HARDWARE MUTUAL CASUALTY COMPANY v. CLYDE H. HOPKINS a. No. 5326.Supreme Court of New Hampshire Hillsborough.Argued May 4, 1965. Decided October 5, 1965. 1. On exception to the determination of questions of fact by the Trial Court the only function of the Supreme Court is to determine whether there is any evidence […]
DALEY v. COMPANY, 81 N.H. 502 (1925)
128 A. 531 ESTHER DALEY a. v. METROPOLITAN LIFE INSURANCE COMPANY. Supreme Court of New Hampshire Hillsborough. Decided March 3, 1925. To establish a waiver of a condition in an insurance policy there must be evidence of such a course of dealing on the insurer’s part as to induce a reasonable belief by the insured […]
HODGMAN v. KITTREDGE, 67 N.H. 254 (1892)
32 A. 158 HODGMAN, Ex’r, v. KITTREDGE a., Ap’ts. Supreme Court of New Hampshire Hillsborough. Decided June, 1892. Any beneficial devise or legacy in a will to the wife of one of three subscribing witnesses renders the husband incompetent as a witness and the will invalid. APPEAL from the probate of the will of Joseph […]
WOODBURN v. CHAPMAN, 117 N.H. 906 (1977)
379 A.2d 1038 ERNEST S. WOODBURN v. ASA CHAPMAN No. 7773Supreme Court of New Hampshire Rockingham Decided October 31, 1977 1. Property — Trees — Assessment of Damages Application of statute providing for forfeiture of multiple damages against one who wilfully cuts down any tree standing on land of another is not restricted to trees […]
LADD v. RICE, 57 N.H. 374 (1876)
LADD v. RICE. Supreme Court of New Hampshire FROM HILLSBOROUGH CIRCUIT COURT. Decided August 10, 1876. Fraud — Misrepresentation — Surprise. The defendants, acting as confidential friends and advisers of the plaintiff, a widow, who during her husband’s life held real estate in her own right to her sole and separate use, by falsely representing […]
VOGEL v. BOARD c OF MANCHESTER, 92 N.H. 195 (1942)
27 A.2d 105 LOUIS VOGEL v. BOARD OF ADJUSTMENT for the CITY OF MANCHESTER (KATHERINA BRUNO, Intervenor). No. 3341.Supreme Court of New Hampshire Hillsborough. Decided June 24, 1942. The statute of zoning (P. L., c. 42, ss. 61-64) providing an appeal from the Board of adjustment to the Superior Court confers a right of appeal […]
COLBY v. SOCIETY, 63 N.H. 63 (1884)
COLBY v. NORTHFIELD AND TILTON CONGREGATIONAL SOCIETY. Supreme Court of New Hampshire Belknap. Decided June, 1884. When, with the assent of a religious society owning a meeting-house, repairs and alterations changing the location of the pews are made by the pew-holders, an equitable assignment of the new pews among the pew-holders, by a committee of […]
STATE v. GAGNON, 135 N.H. 217 (1991)
600 A.2d 937 THE STATE OF NEW HAMPSHIRE v. PAULINE GAGNON No. 90-458Supreme Court of New Hampshire Coos Decided December 31, 1991 1. Criminal Law — Arraignment — Misdemeanors Misdemeanants may be arraigned in both the district court and the superior court. District Municipal Ct. R. 2.3; Superior Ct. R. 97. 2. Appeal and Error […]
APPEAL OP ROBERT DANIEL MAYS, 161 N.H. 470 (2011)
20 A.3d 232 APPEAL OP ROBERT DANIEL MAYS (New Hampshire Board of Accountancy). No. 2010-101.Supreme Court of New Hampshire. Board of Accountancy.Argued: October 14, 2010. Opinion Issued: February 23, 2011. 1. Administrative Law — Administrative Appeal — Writs of Certiorari A challenge to a decision of the New Hampshire Board of Accountancy denying an application […]
STATE v. L’HEUREUX, 150 N.H. 822 (2004)
846 A.2d 1193 THE STATE OF NEW HAMPSHIRE v. LAURENT L’HEUREUX. No. 2003-242.Supreme Court of New Hampshire District Court For Southern Carroll CountyArgued: February 11, 2004. Opinion Issued: April 23, 2004. 1. Criminal Law — Defenses — Competing Harms Requirements for the availability of a competing harms defense are: first, the otherwise illegal conduct must […]
DICKINSON v. McLANE, 57 N.H. 31 (1876)
DICKINSON v. McLANE. Supreme Court of New Hampshire FROM GRAFTON CIRCUIT COURT. Decided March 21, 1876. Homestead — Release of, by married woman. Under the act of 1851, exempting the homestead of families from attachment, c. (Comp. Stats., ch. 196), a married woman cannot release her homestead in the estate of her husband by her […]
COMMERCIAL ACCEPTANCE CORP’N v. CO., 89 N.H. 45 (1937)
192 A. 627 COMMERCIAL ACCEPTANCE CORPORATION v. HISLOP GARAGE COMPANY. Supreme Court of New Hampshire Rockingham. Decided June 1, 1937. The lien given by P.L., c. 217, s. 36 to one who repairs a motor vehicle “so long as the same shall remain in his possession” is not necessarily dependent upon continuous physical control by […]
WELCH v. BERGERON, 115 N.H. 179 (1975)
337 A.2d 341 HAROLD C. WELCH v. ROLAND E. BERGERON No. 6702Supreme Court of New Hampshire Hillsborough Decided April 30, 1975 1. False imprisonment is an unlawful restraint of an individual’s personal freedom, and an essential element of the offense is the absence of valid legal authority for the restraint imposed. 2. Dismissal of the […]
RIDER v. PORTSMOUTH, 67 N.H. 298 (1892)
38 A. 385 RIDER v. PORTSMOUTH. Supreme Court of New Hampshire Rockingham. Decided December, 1892. A member of the city councils cannot lawfully vote upon the question of the allowance of a disputed claim against the city, in which he has a direct personal and pecuniary interest. Dorchester v. Youngman, 60 N.H. 385, distinguished. ASSUMPSIT, […]
CLARKE v. CLARKE, 126 N.H. 753 (1985)
496 A.2d 361 JACQUELINE CLARKE v. WILLIAM J. CLARKE No. 85-049Supreme Court of New Hampshire Merrimack Decided July 3, 1985 1. Divorce — Custody and Support of Children — Uniform Child Custody Jurisdiction Act Under the Uniform Child Custody Jurisdiction Act, initial jurisdiction is primarily in the home State of the child, while jurisdiction to […]
DEMOREST v. EASTMAN, 59 N.H. 65 (1879)
DEMOREST v. EASTMAN a. Supreme Court of New Hampshire Carroll. Decided June, 1879. No action can be maintained to recover the price of goods which the vendee has been induced to purchase through the fraudulent representations of the plaintiff, if the vendee, upon discovery of the fraud, reasonably offers to return them. ASSUMPSIT, to recover […]
STATE v. DEFLORIO, 128 N.H. 309 (1986)
512 A.2d 1133 THE STATE OF NEW HAMPSHIRE v. RONALD J. DEFLORIO No. 85-165Supreme Court of New Hampshire Concord District Court Decided July 17, 1986 1. Criminal Law — Procedure — Challenge to Sentence Procedural anomaly of case was noted and future litigants were cautioned not to follow the same procedure, where it was not […]
O’BRIEN v. COUNTY, 80 N.H. 522 (1923)
120 A. 254 JEREMIAH O’BRIEN v. COUNTY OF ROCKINGHAM a. Supreme Court of New Hampshire Rockingham. Decided February 6, 1923. No action lies against a county for an injury received by a convict while working upon a county building and caused by unsafe staging negligently provided by the county commissioners, who directed him to work […]
PARKER v. ROBERTS, 63 N.H. 431 (1885)
PARKER a. v. ROBERTS a. Supreme Court of New Hampshire Grafton. Decided June, 1885. A judgment rendered upon default for the price of goods sold, the amount thereof being fixed by agreement, is not a bar to an action by the chaser for a breach of warranty of the quality of the goods. ASSUMPSIT, on […]
P.J. CURRIER LUMBER CO. v. STONEMILL CONST. CORP., 120 N.H. 399 (1980)
415 A.2d 869 P. J. CURRIER LUMBER COMPANY, INC. v. STONEMILL CONSTRUCTION CORPORATION No. 79-194 No. 79-195 No. 79-196Supreme Court of New Hampshire Milford District Court Decided June 12, 1980 1. Liens — Inferior Liens When a party seeking to secure a materialmen’s lien against particular real estate has knowledge that the named defendant has […]
BARKER v. JONES, 62 N.H. 497 (1883)
BARKER v. JONES. Supreme Court of New Hampshire Belknap. Decided June, 1883. Without actual possession or entry, a tenant in common is entitled to partition against a co-tenant in actual and exclusive possession. The presumption of payment after twenty years is a disputable one. A tax title of land owned in common, when purchased by […]
ASSOCIATION v. PELISSIER, 69 N.H. 606 (1899)
45 A. 562 PROVIDENT MUTUAL RELIEF ASSOCIATION v. PELISSIER. Supreme Court of New Hampshire Merrimack. Decided June, 1899. Under a by-law of a mutual insurance company providing that membership therein shall be forfeited by a failure to pay three death assessments, a member is liable for assessments levied after his suspension and withdrawal for the […]
HALLSEN v. SEABROOK CLAM CO., 137 N.H. 50 (1993)
623 A.2d 225 JOHN HALLSEN v. SEABROOK CLAM COMPANY, INC. a. No. 92-001Supreme Court of New Hampshire Rockingham Decided April 7, 1993 1. Workers’ Compensation — Rehearings and Appeals — Generally Trial court rulings on extent of disability resulting from work-related injury is question of fact and will not be overturned where there is competent […]
STATE v. NORGREN, 136 N.H. 399 (1992)
616 A.2d 505 THE STATE OF NEW HAMPSHIRE v. JERARD P. NORGREN No. 90-283Supreme Court of New Hampshire Hillsborough Decided November 25, 1992 1. Indictment and Information — Amendment — prejudice Trial court’s ruling on motion to strike language in indictment will not be disturbed absent a showing of prejudice. 2. Kidnapping — Indictment — […]
HEALD v. PERRIN, 123 N.H. 468 (1983)
464 A.2d 275 AUGUSTUS F. HEALD v. EVERETT I. PERRIN, JR., WARDEN, NEW HAMPSHIRE STATE PRISON No. 81-405Supreme Court of New Hampshire Merrimack Decided July 13, 1983 1. Criminal Law — Sentence — Determination The plain language as well as the legislative history of the statute governing felonious use of firearms, and the statute governing […]
THOMPSON v. COMPANY, 78 N.H. 433 (1917)
101 A. 212 ALBERT THOMPSON a. v. MANCHESTER TRACTION, LIGHT POWER COMPANY. Supreme Court of New Hampshire Merrimack. Decided June 5, 1917. A petition for the determination of damages caused by the flowing of land by a public utility may be maintained under the provisions of the flowage act (P. S., c. 142), which are […]
MORSE v. RAILROAD, 66 N.H. 148 (1889)
28 A. 286 MORSE v. BOSTON LOWELL RAILROAD. Supreme Court of New Hampshire Grafton. Decided December, 1889. When A’s cattle, escaping from his pasture into B’s adjoining field through B’s insufficient fence, have been turned into a highway by B, been abandoned there by him, and left to run at large, and have strayed thence […]
ARCIDI v. SANDERS MOCK ASSOC’S, INC., 132 N.H. 393 (1989)
565 A.2d 1067 ALFRED L. ARCIDI v. SANDERS MOCK ASSOCIATES, INC. a. No. 88-384Supreme Court of New Hampshire Rockingham Decided November 16, 1989 1. Arbitration — Awards — Judicial Review On appeal from award, of arbitrator under superior court arbitration rule, offer of evidence of the plaintiff’s position during arbitration would have been open to […]
HANLEY v. WADLEIGH, 88 N.H. 174 (1936)
186 A. 505 THOMAS R. HANLEY a. v. WINTHROP WADLEIGH a. Supreme Court of New Hampshire Merrimack. Decided June 2, 1936. Under P. L., c. 299, s. 18, providing that the judge of probate may appoint an administrator of a person who “has not been heard of or from . . . for one year,” […]
WILLIS v. COMPANY, 75 N.H. 453 (1910)
75 A. 877 WILLIS, Adm’r, v. PLYMOUTH CAMPTON TELEPHONE EXCHANGE CO. Supreme Court of New Hampshire Grafton. Decided March 1, 1910. The only duty a master owes to experienced servants in respect to instrumentalities is that of giving all information necessary to a full appreciation of the peculiar danger arising from their abnormal or defective […]
COLBY v. FULLER, 96 N.H. 323 (1950)
76 A.2d 509 JOSEPH G. COLBY v. ENOCH D. FULLER, Secretary of State a. No. 3995.Supreme Court of New Hampshire Original. Decided October 30, 1950. Laws 1947, chapter 159, section 4, does not authorize a political party’s county committee to fill a vacancy on the party ticket, occasioned by the disqualification of the nominee for […]
APPEAL OF PROF. FIREFIGHTERS OF E. DERRY, 138 N.H. 142 (1993)
635 A.2d 1352 APPEAL OF PROFESSIONAL FIREFIGHTERS OF EAST DERRY, LOCAL 3353, IAFF (New Hampshire Public Employee Labor Relations Board) No. 92-506Supreme Court of New Hampshire Public Employee Labor Relations Board Decided December 28, 1993 1. Labor — Labor Unions — Unfair Labor Practices Under federal law a prima facie showing by a labor union […]
NICHOLS v. CASS, 65 N.H. 212 (1889)
23 A. 430 NICHOLS, Ap’t, v. CASS, Assignee. Supreme Court of New Hampshire Rockingham. Decided December, 1889. The statute requiring claims against insolvents to be filed within one month after the assignment (Laws 1885, c. 85, s. 5) is mandatory. Section 2, c. 100, Laws 1889, allowing proof of claims to be filed after the […]
LANE v. ARLINGTON TRUST CO., 119 N.H. 956 (1979)
409 A.2d 1344 RAYMOND D. LANE a. v. ARLINGTON TRUST COMPANY No. 79-172Supreme Court of New Hampshire Rockingham Decided December 28, 1979 1. Mortgages — Priority — Provisions in Instruments A first mortgagee who makes additional advances is entitled under the terms of RSA 479:4 to a priority over an intervening second mortgage on any […]
YORK v. CLOW, 86 N.H. 76 (1932)
163 A. 401 OSCAR D. YORK v. STEPHEN W. CLOW. Supreme Court of New Hampshire Carroll. Decided December 6, 1932. A landowner’s duty to an invitee to keep the premises in a safe condition does not extend to those portions thereof which there is no reason to expect the invitee will occupy. Evidence too indefinite […]
CREDITORS’ NAT’L CLEARING HOUSE v. LAMOUREUX, 78 N.H. 604 (1916)
99 A. 786 THE CREDITORS NATIONAL CLEARING HOUSE v. LAMOUREUX BROS. Supreme Court of New Hampshire Hillsborough. Decided December 5, 1916. ASSUMPSIT, on a special contract. Trial by the court and verdict for the defendants. The defendants contended that they were induced to sign the contract sued on by the plaintiffs’ false representation and were […]
HATCH v. LAMOS, 65 N.H. 1 (1888)
17 A. 979 HATCH v. LAMOS. Supreme Court of New Hampshire Rockingham. Decided December, 1888. A gift of personal property by a conditional vendee is good to pass his interest in it. In such a case payment of the amount due on the property, made by the administrator of the vendee, discharges the lien, and […]
PENNICHUCK WATER WORKS v. STATE, 103 N.H. 49 (1960)
164 A.2d 669 PENNICHUCK WATER WORKS v. STATE. No. 4852.Supreme Court of New Hampshire Public Utilities CommissionArgued September 8, 1960. Decided October 28, 1960. 1. The Public Utilities Commission in establishing currently effective rates as temporary rates for a public utility pending final determination of a permanent rate increase (RSA 378:27, 29) was held to […]
JOHNSEN v. FERNALD, 120 N.H. 440 (1980)
416 A.2d 1367 DOROTHY B. JOHNSEN v. DAVID FERNALD No. 79-314Supreme Court of New Hampshire Rockingham Decided June 18, 1980 1. Motor Vehicles — Operation Under the Influence — Nature Absent specific legislative authority, in context of measuring damages, act of driving under the influence does not constitute “malice.” 2. Motor Vehicles — Operation Under […]
ZYLA v. TURNER, DIRECTOR, 134 N.H. 259 (1991)
590 A.2d 618 NICHOLAS R. ZYLA v. ROBERT K. TURNER, DIRECTOR OF DEPARTMENT OF SAFETY, DIVISION OF MOTOR VEHICLES No. 90-141Supreme Court of New Hampshire Hillsborough Decided May 6, 1991 1. Motor Vehicles — License To Operate — Revocation Although the appropriate factors to be considered by the superior court in its de novo review […]