NEW HAMPSHIRE JUDICIAL BRANCH FINANICAL DISCLOSURE STATEMENT Supreme Court of New Hampshire January 17, 2006 STATE OF NEW HAMPSHIRE SUPREME COURT OF NEW HAMPSHIRE ORDER After consultation with the administrative council and pursuant to Supreme Court Rule 38, Canon 4H and the court’s constitutional and supervisory authority, the supreme court approves the New Hampshire Judicial […]
Category: New Hampshire Court Opinions
CLARK v. CAMPBELL, 82 N.H. 281 (1926)
133 A. 166 GEORGE C. CLARK a., Trustees, v. BELLE CAMPBELL a. Supreme Court of New Hampshire Belknap. Decided April 6, 1926. A private trust created by will is void if the beneficiaries are not definite and ascertainable. A bequest providing that the trustees under the will shall distribute such articles of the testator’s personal […]
PHETTEPLACE v. TOWN OF LYME, 144 N.H. 621 (2000)
744 A.2d 630 GARY E. and KAREN C. PHETTEPLACE v. TOWN OF LYME No. 97-845Supreme Court of New Hampshire Grafton Decided January 31, 2000 1. Estoppel — Equitable Estoppel — Generally Plaintiffs, as party asserting estoppel, bore burden of proving that: (1) a representation or concealment of material facts was made by defendant with knowledge […]
MARSHALL v. KEENE STATE COLLEGE, 147 N.H. 215 (2001)
785 A.2d 418 JOHN MARSHALL a. v. KEENE STATE COLLEGE No. 99-484Supreme Court of New Hampshire Cheshire Decided November 21, 2001 1. Arbitration — Awards — Mistake Arbitration award may be modified or corrected for “plain mistake,” which may be a mistake as to fact or law; plain mistake is an error that is apparent […]
HURD v. VARNEY, 83 N.H. 467 (1929)
144 A. 266 NELLIE HURD v. EDELLA E. VARNEY, Ex’x. Supreme Court of New Hampshire Strafford. Decided January 2, 1929. In assumpsit against an executor upon P. S., c. 302, ss. 1-3, mere proof of the fact that he has employed an attorney-at-law to act as his attorney in settling the estate does not justify […]
STATE v. MAYO, 125 N.H. 200 (1984)
480 A.2d 85 THE STATE OF NEW HAMPSHIRE v. ELVIN MAYO, JR. No. 83-473Supreme Court of New Hampshire Rockingham Decided July 3, 1984 1. Trial — Instructions — Jury Nullification The supreme court recognizes the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the […]
CURRIER v. JANVRIN, 58 N.H. 374 (1878)
CURRIER v. JANVRIN CHURCHILL a. Trs. Supreme Court of New Hampshire Rockingham. [*] Decided August, 1878 [*] Smith, J., was not present at this term. A deed of land to A, “upon the terms and conditions that B is to take the possession and income of the land during his life,” conveys the right of […]
HUNT v. ASSOCIATION, 68 N.H. 305 (1895)
38 A. 145 HUNT, Receiver, v. NEW HAMPSHIRE FIRE UNDERWRITERS’ ASSOCIATION. Supreme Court of New Hampshire Merrimack. Decided June, 1895. When a risk is reinsured for a company which becomes insolvent, the reinsurers will be bound, in the event of a loss, to pay the entire amount against which they indemnified, and not such proportion […]
HANAWAY v. STATE, 116 N.H. 124 (1976)
352 A.2d 715 RICHARD J. HANAWAY a. v. STATE OF NEW HAMPSHIRE a. No. 7321Supreme Court of New Hampshire Board of Trust Company Incorporation Decided February 27, 1976 1. The board of trust company incorporation’s decision that the capital structure of the proposed trust company was inadequate and that economic conditions at that time would […]
DILLON v. COMPANY, 85 N.H. 449 (1932)
163 A. 111 HENRY DILLON, Adm’r, v. TWIN STATE GAS ELECTRIC COMPANY. Supreme Court of New Hampshire Coos. Decided April 5, 1932. The question whether persons stand in such a relation as calls for their mutual exercise of due care is not solved by rigid and arbitrary classifications but by the rule of reasonable conduct; […]
DOW v. BENJAMIN ELEC. CO., 115 N.H. 538 (1975)
345 A.2d 159 ANDREW J. DOW v. BENJAMIN ELECTRIC COMPANY BENJAMIN ELECTRIC SUPPLY CO. v. ANDREW J. DOW No. 7169Supreme Court of New Hampshire Hillsborough Decided September 30, 1975 1. The sole question on appeal was whether the evidence compelled a finding for the plaintiff in the plaintiff’s action against the defendant for negligent failure […]
STATE v. LESNICK, 141 N.H. 121 (1996)
677 A.2d 686 THE STATE OF NEW HAMPSHIRE v. DENISE LESNICK No. 95-011Supreme Court of New Hampshire Hillsborough-northern judicial district Decided June 6, 1996 1. Evidence — Other Bad Acts — Admissibility In view of her assertion that she would not have attacked the victim had she known who he was, defendant’s self-defense claim necessarily […]
VITTUM v. N.H. INS. CO., 117 N.H. 1 (1977)
369 A.2d 184 LEWIS M. VITTUM v. NEW HAMPSHIRE INSURANCE CO. a. GRANGE MUTUAL INSURANCE CO. v. LEWIS M. VITTUM a. WALTER RAND a. v. LEWIS M. VITTUM Nos. 7353 7354Supreme Court of New Hampshire Carroll Decided January 31, 1977 1. Insurance — Construction of Contracts — Public Policy In dealing with the construction of […]
STATE FARM MUT. INS. CO. v. PITMAN, 148 N.H. 499 (2002)
809 A.2d 1280 STATE FARM MUTUAL INSURANCE COMPANY v. KENNETH PITMAN No. 2001-438Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictSubmitted July 26, 2002 Opinion Issued November 15, 2002 1. Insurance — Policies — Construction Where an insurance policy’s language is reasonably susceptible of more than one interpretation and one reasonable interpretation favors coverage, we construe […]
SMITH v. FURBISH, 68 N.H. 123 (1894)
44 A. 398 SMITH a. v. FURBISH. Supreme Court of New Hampshire Coos. Decided June, 1894. In a conveyance of land bounded on one side by a river a certain distance and extending back far enough to include an acre, the bed of the river is not ordinarily included in the measurement of the acre. […]
ENERGYNORTH NATURAL GAS v. CONTINENTAL INS. CO., 146 N.H. 156 (2001)
781 A.2d 969 ENERGYNORTH NATURAL GAS, INC. v. THE CONTINENTAL INSURANCE COMPANY. No. 98-735Supreme Court of New Hampshire Hillsborough-Northern Judicial District March 21, 2001 1. Insurance — Policies — Ambiguities Trial court’s interpretation of policies, including its conclusion as to whether a policy term is or is not ambiguous, is reviewed de novo. 2. Insurance […]
IN RE PERHAM, 104 N.H. 276 (1962)
184 A.2d 449 IN RE ERNEST L. PERHAM. No. 5052.Supreme Court of New Hampshire Cheshire.Submitted June 6, 1962. Decided September 28, 1962. 1. Under the provisions of RSA ch. 169 the municipal court is granted exclusive jurisdiction over all offenses committed by children under the age of eighteen with the exception of violations of the […]
STATE v. GRACA, 142 N.H. 670 (1998)
708 A.2d 393 THE STATE OF NEW HAMPSHIRE v. ANTONIO GRACA No. 96-124Supreme Court of New Hampshire Rockingham Decided March 23, 1998 1. Search and Seizure — Warrant Requirement; Exceptions — Exigent Circumstances A police officer had a legitimate concern for his safety when he observed a vehicle’s trunk ajar, and this concern constituted exigent […]
IN THE MATTER OF CROWE AND CROWE, 148 N.H. 218 (2002)
804 A.2d 455 IN THE MATTER OF CHRISTOPHER W. CROWE AND JENNIFER M. CROWE No. 2000-630Supreme Court of New Hampshire Littleton Family DivisionArgued June 5, 2002 Opinion Issued August 19, 2002 1. Divorce—Division of Property—Factors Considered Statute governing property settlements does not classify property based upon when or by whom it was acquired, but rather […]
STATE v. TELLES, 139 N.H. 344 (1995)
653 A.2d 554 THE STATE OF NEW HAMPSHIRE v. CHRISTIAN TELLES No. 93-622Supreme Court of New Hampshire Strafford Decided January 25, 1995 1. Statutes — Maxims and Rules of Construction — Ordinary or Common Sense Meaning The court is the final arbiter of the intent of the legislature as expressed in the words of the […]
HADLEY v. INSURANCE CO., 55 N.H. 110 (1875)
HADLEY v. N.H. FIRE INSURANCE CO. Supreme Court of New Hampshire Rockingham. Decided March 11, 1875. The plaintiff, interested as mortgagee, obtained the policy in suit in the name of the general owner, with his consent, paying the premium himself; and the policy being made payable to him in case of loss to the extent […]
HIGGINS v. HIGGINS, 57 N.H. 224 (1876)
HIGGINS v. HIGGINS. Supreme Court of New Hampshire FROM MERRIMACK CIRCUIT COURT. Decided August 10, 1876. Husband and wife — Injunction. The power of the court, under Gen. Stats., ch. 164, sec. 9, to grant injunctions is discretionary, and will not be exercised when it is apparent that such exercise will tend to promote rather […]
BARTLETT v. BLAIR, 68 N.H. 232 (1894)
38 A. 1004 BARTLETT v. BLAIR. Supreme Court of New Hampshire Hillsborough. Decided December, 1894. This court will not decide whether, under s. 6, art. 1 of the federal constitution, a member of congress in attendance at a session of the house to which he belongs is privileged from service of civil process made conformably […]
STATE v. SPRAGUE, 105 N.H. 355 (1964)
200 A.2d 206 STATE v. CHARLES C. SPRAGUE. No. 5200.Supreme Court of New Hampshire Portsmouth Municipal Court.Argued February 4, 1964. Decided April 30, 1964. 1. While a state may not be required to enact a statute forbidding discrimination in privately owned places of public accommodation it unquestionably has the power to do so. 2. The […]
PROCTOR v. BUTLER, 117 N.H. 927 (1977)
380 A.2d 673 RANDOLPH H., PROCTOR v. EDWARD JOSHUA BUTLER ROLAND LORD v. LOUIS F. ZUCCARO Nos. 7737 7738Supreme Court of New Hampshire Probate Court, Merrimack County Decided November 16, 1977 1. Appeal and Error — Questions Considered on Appeal — Moot Questions Public interest exception to mootness doctrine justified supreme court’s proceeding to merits […]
PETITION OF CORREIA, 128 N.H. 717 (1986)
519 A.2d 263 PETITION OF ROBERT CORREIA (New Hampshire Department of Labor) No. 85-484Supreme Court of New Hampshire Original Decided November 7, 1986 1. Workers’ Compensation — Computation of Awards — Average Weekly Wage Award of workers’ compensation benefits for temporary partial disability was properly determined by reference to the average weekly wage preceding the […]
CRESSEY v. RAILROAD, 59 N.H. 564 (1880)
CRESSEY v. THE NORTHERN RAILROAD. Supreme Court of New Hampshire Merrimack. Decided June, 1880. The neglect of a railroad company to fence their road does not excuse them from liability for injury to animals upon their track, although the owner of such animals was aware of that neglect when he turned them out to graze […]
FRANCISCAN FATHERS v. PITTSFIELD, 97 N.H. 396 (1952)
89 A.2d 752 FRANCISCAN FATHERS v. PITTSFIELD. No. 4116.Supreme Court of New Hampshire Merrimack. Decided July 1, 1952. While the real estate of religious societies acquired after the enactment of Laws 1931, c. 148, became taxable except for subsequent improvements therein and thereon, such after-acquired real estate of religious societies “occupied by their pastors or […]
GOLEJ v. VARJABEDIAN, 86 N.H. 244 (1933)
166 A. 287 WASYL GOLEJ, Adm’r v. MESSROP VARJABEDIAN. ANDREW GOLEJ, by his next friend v. SAME. Supreme Court of New Hampshire Hillsborough. Decided May 2, 1933. Case for negligently operating an automobile at night and running into the rear end of a horse-drawn wagon. The defendant having testified that he was blinded by the […]
ACKERMAN v. MARCH, 116 N.H. 64 (1976)
352 A.2d 717 WENDELL ACKERMAN, ADMINISTRATOR OF THE ESTATE OF GAIL BLANCHARD v. WILLIAM D. MARCH LAWRENCE D. ROBIE, SR., ADMINISTRATOR OF THE ESTATE OF LAWRENCE ROBIE v. SAME CHARLES E. BLANCHARD, SR., ADMINISTRATOR OF THE ESTATE OF FRANK E. BLANCHARD v. SAME No. 7013Supreme Court of New Hampshire Rockingham Decided February 27, 1976 1. […]
BEARD v. RAILROAD, 99 N.H. 469 (1955)
115 A.2d 314 CLEVELAND W. BEARD a. v. BOSTON AND MAIN RAILROAD. No. 4391.Supreme Court of New Hampshire Strafford.Argued May 3, 1955. Decided June 30, 1955. The statutory liability of a railroad as an insurer (R. L., c. 300, s. 1) for damage to persons and properties resulting from fires caused by its locomotives is […]
CLARK v. LABRECHE, 63 N.H. 397 (1885)
CLARK a. v. LABRECHE. Supreme Court of New Hampshire Hillsborough. Decided June, 1885. A constructive receipt and acceptance of goods to meet the requirement of the statute of frauds can only be proved by clear and unequivocal acts on the part of the buyer. Page 398 The defendant verbally bargained with the plaintiffs for a […]
ELLIS v. ROBERT C. MORRIS, INC., 128 N.H. 358 (1986)
513 A.2d 951 JOSEPH M. ELLIS AND DONNA ELLIS v. ROBERT C. MORRIS, INC. No. 85-121Supreme Court of New Hampshire Hillsborough Decided July 29, 1986 1. Contracts — Warranties — Implied Warranties Under New Hampshire law, an implied warranty of habitability runs from the builder to the first owner of a residence. 2. Contracts — […]
PETITION OF PUBLIC SERVICE CO., 96 N.H. 310 (1950)
75 A.2d 786 PETITION OF PUBLIC SERVICE COMPANY OF N.H. No. 3965.Supreme Court of New Hampshire Public Service Commission. Decided October 3, 1950. Ownership by a company directly or indirectly of less than the majority interest of the voting capital stock of a utility which in turn owns but 52% of the voting stock in […]
KITTREDGE v. HOLT, 58 N.H. 191 (1877)
KITTREDGE v. HOLT. Supreme Court of New Hampshire Cheshire. Decided August, 1877. When goods, taken from their owner by a sheriff on an execution against another person, have been replevied by the owner, and the sheriff has recovered judgment for their value, in the replevin suit, because replevin was not a legal remedy in such […]
McCLURE v. LOCKE, 61 N.H. 14 (1881)
McCLURE v. LOCKE. Supreme Court of New Hampshire Hillsborough. Decided June, 1881. The fact that one pays fees not allowed by law to an officer for serving a writ and attaching property without calling his attention to the items illegally charged, is not a waiver of the right to recover the penalty for taking illegal […]
MASSICOTTE v. MATUZAS, 143 N.H. 711 (1999)
738 A.2d 1260 JOSEPHINE B. MASSICOTTE v. ANTHONY JAMES MATUZAS No. 96-750Supreme Court of New Hampshire Hillsborough-southern judicial district Decided July 8, 1999 Rehearing Denied October 20, 1999 1. Equity — Relief — Generally Enforcement of a right in equity is a matter within trial court’s sound discretion, exercised upon consideration of all circumstances of […]
KING RIDGE, INC. v. SUTTON, 115 N.H. 294 (1975)
340 A.2d 106 KING RIDGE, INC. v. TOWN OF SUTTON No. 7131Supreme Court of New Hampshire Merrimack Decided May 30, 1975 1. As a general rule, taxes cannot be assessed and collected in this State except by authority of the legislature. 2. RSA 72:6 provides that all real estate, whether improved or unimproved, is taxable […]
STRATTON v. STRATTON, 68 N.H. 582 (1896)
44 A. 699 STRATTON, Ex’x, a., Ap’ts, v. STRATTON a. Supreme Court of New Hampshire Cheshire. Decided June, 1896. The construction of a will is the ascertainment of the testator’s expressed intention. The contents of the will, the situation of the testator with reference to surrounding circumstances, his family, the legatees and devisees under the […]
STATE v. RUFF, 155 N.H. 536 (2007)
THE STATE OF NEW HAMPSHIRE v. WENDY RUFF. No. 2006-180.Supreme Court of New Hampshire Merrimack.Submitted: February 27, 2007. Opinion Issued: June 8, 2007. 1. Offenses — Particular Crimes — Criminal Trespass Even assuming that the evidence would not support a finding that the homeowner’s son was the owner, evidence that son and his wife lived […]
NOYES v. MARSTON, 70 N.H. 7 (1899)
47 A. 592 NOYES, Ap’t, v. MARSTON, Ex’r. Supreme Court of New Hampshire Grafton. Decided June, 1899. Husband and wife are competent witnesses for or against each other except as to matters which would lead to a violation of marital confidence. APPEAL, from the decision of the commissioner upon the testator’s estate disallowing the plaintiff’s […]
BUFFUM v. BUFFUM, 89 N.H. 210 (1937)
195 A. 679 JOHN J. BUFFUM, Adm’r v. DAVID W. BUFFUM. Supreme Court of New Hampshire Hillsborough. Decided December 7, 1937. In an action for negligently causing injuries, the defendant after excepting to the denial of his motion for a nonsuit offered no evidence to dispute liability but took exception to the denial of a […]
N.H. MUNIC. TR. WORKERS’ COMP. FUND v. FLYNN, COMM’R, 133 N.H. 17 (1990)
573 A.2d 439 NEW HAMPSHIRE MUNICIPAL TRUST WORKERS’ COMPENSATION FUND a. v. RICHARD M. FLYNN, COMMISSIONER OF NEW HAMPSHIRE DEPARTMENT OF LABOR No. 89-069Supreme Court of New Hampshire Merrimack Decided April 11, 1990 1. Appeal and Error — Findings — Tests for Overturning Trial court’s findings or rulings will not be disturbed unless they are […]
APPEAL OF TOWN OF PELHAM, 154 N.H. 125 (2006)
APPEAL OF THE TOWN OF PELHAM (New Hampshire Public Employee Labor Relations Board). No. 2005-436.Supreme Court of New Hampshire Public Employee Labor Relations Board.Argued: May 11, 2006. Opinion Issued: August 23, 2006. 1. Labor — Labor Unions — Grievance Proceedings An arbitrator has the authority, in the context of a just cause grievance, to consider […]
WIGGIN v. PERKINS, 64 N.H. 36 (1886)
5 A. 904 WIGGIN, Trustee, v. PERKINS a. Supreme Court of New Hampshire Rockingham. Decided June, 1886. Ordinarily a testator’s intention is to be ascertained from the language of the whole will, rather than from particular words and phrases, especially when it is apparent that certain words are used in a sense different from their […]
MARAVAS v. CORPORATION, 82 N.H. 533 (1927)
136 A. 364 GEORGE MARAVAS v. AMERICAN EQUITABLE ASSURANCE CORPORATION OF NEW YORK. Supreme Court of New Hampshire Hillsborough. Decided February 1, 1927. Under a policy of fire insurance the assured cannot recover for damages caused by his own negligence in failing to care for his property after the fire. The liability of an insurer […]
BLODGETT v. CUMMINGS, 60 N.H. 115 (1880)
BLODGETT a. v. CUMMINGS. Supreme Court of New Hampshire Grafton. Decided June, 1880. The discontinuance of an action against one defendant after a trial and report by an auditor, the sole controversy before the auditor having been as to the liability of the other defendant, is not a sufficient ground for excluding the auditor’s report […]
APPEAL OF COFFEY, 144 N.H. 531 (1999)
744 A.2d 603 APPEAL OF FRANK J. COFFEY (New Hampshire Department of Labor) No. 97-550Supreme Court of New Hampshire Department of Labor Decided December 28, 1999 1. Appeal and Error — Preservation of Questions — Failure to Raise Below Issues not raised in motion for rehearing before administrative agency cannot later be raised on appeal. […]
FOOTE v. STATE PERSONNEL COMM’N, 116 N.H. 145 (1976)
355 A.2d 412 LEONA I. FOOTE v. STATE PERSONNEL COMMISSION No. 7086Supreme Court of New Hampshire Personnel Commission Decided March 31, 1976 1. In the public sector, the State Employees Personnel System is the agency designated to balance the State’s interest in running state business against the employee’s interest in maintaining his employment, and the […]
STATE v. MARTEL, 124 N.H. 544 (1984)
474 A.2d 998 THE STATE OF NEW HAMPSHIRE v. KEVIN P. MARTEL No. 83-089Supreme Court of New Hampshire Nashua District Court Decided February 23, 1984 1. Statutes — Construction and Application — Particular Words and Phrases In interlocutory transfer without ruling of question in prosecution for driving while under the influence of intoxicating liquor, second […]
STATE v. CASSAVAUGH, 161 N.H. 90 (2010)
12 A.3d 1277 THE STATE OF NEW HAMPSHIRE v. KIRKMAN J. CASSAVAUGH, III. No. 2009-342.Supreme Court of New Hampshire. Belknap.Argued: June 23, 2010. Opinion Issued: November 10, 2010. 1. Evidence — Other Bad Acts — Generally The purpose of the prior bad acts rule in a criminal trial is to ensure that the defendant is […]
WYMAN v. DeGREGORY, 103 N.H. 214 (1961)
169 A.2d 1 LOUIS C. WYMAN, Attorney General v. HUGO DeGREGORY. No. 4890.Supreme Court of New Hampshire Merrimack.Argued December 6, 1960. Decided March 20, 1961. 1. Laws 1957, c. 178, s. 2 directing the Attorney General whenever he has information which he deems reasonable or reliable relating to violations of the provisions of the subversive […]
CLOVER c. CO. v. SMITH CO., 96 N.H. 491 (1951)
79 A.2d 8 CLOVER CUTTING DIE CO. INC. v. SAM SMITH SHOE CORP. No. 4003.Supreme Court of New Hampshire Hillsborough. March 6, 1951. Where leather-cutting dies were ordered of a manufacturer by merely specifying their size and shape leaving to the manufacturer’s judgment the method of construction and materials to be used in the making […]
STATE v. PHILBRICK, 135 N.H. 729 (1992)
610 A.2d 353 THE STATE OF NEW HAMPSHIRE v. CHARLES PHILBRICK No. 91-076Supreme Court of New Hampshire Hillsborough Decided July 10, 1992 1. Evidence — Identifications — Suggestive Procedures To sustain claim that procedure used in out-of-court photographic identification was unnecessarily suggestive and violative of due process, it must be determined whether identification procedures used […]
BUTTRICK v. IRON CO., 59 N.H. 392 (1879)
BUTTRICK v. NASHUA IRON STEEL CO. Supreme Court of New Hampshire Hillsborough. Decided December, 1879. Under Rev. St., c. 40, s. 7, real estate was properly taxed to a person in possession under a parol agreement to purchase, if he consented to be taxed for it. Under Rev. St., c. 45, s. 13, real estate […]
HEIDENREICH v. DUMAS, 88 N.H. 453 (1937)
190 A. 705 ERNEST E. HEIDENREICH v. ALPHONSE DUMAS. Supreme Court of New Hampshire Hillsborough. Decided March 2, 1937. Contributory negligence may be established by the plaintiff’s conduct showing carelessness contributing to his injury, notwithstanding he testifies that he was “very careful” and tried “to find out” where he was going. A plaintiff though so […]
N.H. MOTOR TRANSPORT ASSOC. v. STATE, 150 N.H. 762 (2004)
846 A.2d 553 NEW HAMPSHIRE MOTOR TRANSPORT ASSOCIATION v. THE STATE OF NEW HAMPSHIRE a. No. 2003-641.Supreme Court of New Hampshire MerrimackArgued: February 11, 2004. Opinion issued: April 19, 2004. 1. Highways — Generally — Responsibilities of Government Constitutional provision pertaining to expenditures of highway funds was designed to insure that highway funds would be […]
HUARD v. TOWN OF PELHAM, 159 N.H. 567 (2009)
ALFRED HUARD v. TOWN OF PELHAM a. No. 2009-228.Supreme Court of New Hampshire. Hillsborough-southern judicial district.Argued: November 4, 2009. Opinion Issued: December 31, 2009. 1. Appeal and Error — Standards of Review — Generally When a trial court reaches the correct result, but on mistaken grounds, the court will sustain the decision if there are […]
STATE v. PRESTON, 124 N.H. 118 (1983)
467 A.2d 243 THE STATE OF NEW HAMPSHIRE v. TERRY PRESTON No. 83-023Supreme Court of New Hampshire Merrimack Decided October 26, 1983 1. Indictment and Information — Presentment — Delay In State v. Hastings, 120 N.H. 454 (1980), the supreme court held that an indictment should be brought within sixty days from the date of […]
APPEAL OF CATHOLIC MEDICAL CENTER, 128 N.H. 410 (1986)
515 A.2d 1205 APPEAL OF CATHOLIC MEDICAL CENTER a. (New Hampshire Certificate of Need Review Board) No. 85-334Supreme Court of New Hampshire Certificate of Need Review Board Decided August 7, 1986 1. Appeal and Error — Standing To Appeal — Particular Cases Plaintiffs did not lack standing to appeal issuance of a certificate of need […]
DELAVINA v. HILL, 65 N.H. 94 (1889)
19 A. 1000 DELAVINA v. HILL. Supreme Court of New Hampshire Rockingham. Decided June, 1889. A sale of cigars is not rendered illegal by the vendor’s knowledge that the vendee is engaged in the illegal sale of liquor, and intends to sell the cigars at the bar of his saloon in connection with his liquor […]
HETT v. PORTSMOUTH, 73 N.H. 334 (1905)
61 A. 596 HETT a. v. PORTSMOUTH a. Supreme Court of New Hampshire Rockingham. Decided June 29, 1905. Where a municipality has adopted a system of permanent paving in accordance with the recommendation of a committee appointed to investigate the subject, a subsequent appropriation of money by the city councils for “permanent street improvements” is […]
TRUST CO. v. COMPANY, 70 N.H. 118 (1899)
46 A. 1054 INTERNATIONAL TRUST CO. a. v. DAVIS FARNUM MANUFACTURING CO. a. SAME v. KENDALL a. Supreme Court of New Hampshire Belknap. Decided December, 1899. A mortgage to a trustee to secure the payment of bonds to be thereafter issued is valid, becomes effective as the bonds are disposed of, and takes precedence of […]
WHITTEMORE v. RAILROAD, 77 N.H. 61 (1913)
86 A. 824 ANSEL J. WHITTEMORE v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Cheshire. Decided April 1, 1913. Questions of law once decided are not ordinarily re-examined upon a subsequent transfer of the same cause. One who continues his journey on foot after wrongful ejection from a railroad train, and thereby suffers injury […]
PERLEY v. DOLLOFF, 60 N.H. 504 (1881)
PERLEY v. DOLLOFF a. Supreme Court of New Hampshire Belknap. Decided June, 1881. When an assessment of taxes is made upon an over-valuation, and also when it is illegal, the party aggrieved has a plain and adequate remedy at law by a petition for abatement. A bill in equity asking for a decree setting aside […]
HOWLAND v. CURRIER, 69 N.H. 202 (1897)
44 A. 106 HOWLAND v. CURRIER. Supreme Court of New Hampshire Sullivan. Decided June, 1897. Where the vendor of a certificate of stock guarantees its payment, the promisee is not bound to exhaust his remedy against the corporation before bringing suit upon the guaranty. In an action upon such guaranty, evidence as to the present […]
STATE v. NICKLES, 144 N.H. 673 (2000)
749 A.2d 290 THE STATE OF NEW HAMPSHIRE v. WILLIAM NICKLES No. 96-185Supreme Court of New Hampshire Rockingham Decided March 16, 2000 1. Criminal Law — Double Jeopardy — Generally State may simultaneously prosecute multiple charges which constitute the same offense, based on a single act or transaction, provided it seeks a single conviction and […]
KACHANIAN v. KACHANIAN, 100 N.H. 135 (1956)
121 A.2d 566 ARAXIE KACHANIAN, Ind. and as Ex’r v. ROBERT KACHANIAN, Adm’r a. No. 4440.Supreme Court of New Hampshire Rockingham.Argued February 7, 1956. Decided March 29, 1956. A bill to impress a constructive trust upon certain real property in favor of the plaintiff could properly be maintained upon evidence establishing that title to the […]
WIGGIN v. HODGDON, 63 N.H. 39 (1884)
WIGGIN v. HODGDON. Supreme Court of New Hampshire Rockingham. Decided June, 1884. A debt barred by a discharge in bankruptcy may be revived by the debtor’s promise to pay it, whether the promise is made after his discharge, or before his discharge and after the filing of the bankruptcy petition. But it is not revived […]
RUSSELL v. RAILROAD, 83 N.H. 246 (1928)
141 A. 227 HERBERT RUSSELL v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided March 6, 1928. The sufficiency of the evidence on any issue must be determined by general principles of reason and logic. The law requires an open, visible connection between the principal and evidentiary facts and deductions from them, and […]
PLEASANT VALLEY CAMPGROUND v. ROOD, 120 N.H. 86 (1980)
411 A.2d 1104 PLEASANT VALLEY CAMPGROUND, INC. v. MELVILLE H. ROOD No. 79-105Supreme Court of New Hampshire Belknap Decided February 14, 1980 1. Fixtures — Nature — Agreements Even though an item is unquestionably affixed to the real estate and is a fixture, the parties are always free to agree that for purposes of the […]
CONWAY SAVINGS BANK v. DOW, 69 N.H. 668 (1897)
39 A. 1113 CONWAY SAVINGS BANK v. DOW a. Supreme Court of New Hampshire Carroll. Decided December, 1897. CHASE, J. The question reserved is decided in Conway Savings Bank v. Dow, ante, p. 228. Case discharged. CLARK, J., did not sit: the others concurred. John C. L. Wood, for the plaintiffs. Worcester, Gafney Snow and […]
CHENAUSKY v. CHENAUSKY, 128 N.H. 116 (1986)
509 A.2d 156 WILLIAM J. CHENAUSKY v. LINDA R. CHENAUSKY No. 85-270Supreme Court of New Hampshire Rockingham Decided May 12, 1986 1. Armed Services — Soldiers’ and Sailors’ Civil Relief Act The purpose of the affidavit requirement of the Soldiers’ and Sailors’ Civil Relief Act of 1940 is to protect persons in the military from […]
DOW v. RAILROAD, 67 N.H. 1 (1886)
36 A. 510 SAMUEL H. DOW a. v. NORTHERN RAILROAD a. Supreme Court of New Hampshire Merrimack. Decided December, 1886. A corporation was chartered to construct and operate a railroad between specified points. The charter reserved to the legislature the right to alter, amend, modify, or repeal. After the railroad was put in operation a […]
HILLIARD v. RAILROAD, 77 N.H. 129 (1913)
88 A. 993 GEORGE HILLIARD v. UPPER COOS RAILROAD. Supreme Court of New Hampshire Coos. Decided November 4, 1913. Neither the president nor a director of a corporation has power by virtue of his office to bind the company. A defendant’s statement that certain items sued for are valid claims against a corporation of which […]
STATE v. TEAS, 108 N.H. 485 (1968)
238 A.2d 737 STATE v. FRANK TEAS. No. 5704.Supreme Court of New Hampshire Manchester District Court.Argued February 7, 1968. Decided February 29, 1968. 1. The conduct of the respondent in being drunk in the driver’s seat of a motor vehicle parked on a public street where he was open to the public view of pedestrians […]
ST. PAUL’S SCHOOL v. CITY OF CONCORD, 117 N.H. 243 (1977)
372 A.2d 269 ST. PAUL’S SCHOOL v. CITY OF CONCORD No. 7562Supreme Court of New Hampshire Merrimack Decided March 31, 1977 1. Taxation — Exemptions — Educational Institutions Where statute in one provision exempted the buildings and lands of schools from taxation, and in another provision of the same section exempted the real estate and […]
APPEAL OF WOODMANSEE, 150 N.H. 63 (2003)
834 A.2d 310 APPEAL OF SANFORD WOODMANSEE (New Hampshire Compensation Appeals Board). No. 2002-654.Supreme Court of New Hampshire Compensation Appeals BoardSubmitted: June 6, 2003. Opinion Issued: September 29, 2003. 1. Workers’ Compensation — Compensation — Modification of Award The “change in condition” necessary to justify reducing or terminating benefits need not be a change in […]
JACKSON v. HIGGINS, 70 N.H. 637 (1900)
49 A. 574 JACKSON v. HIGGINS. Supreme Court of New Hampshire Coos. Decided December, 1900. ASSUMPSIT. Trial by jury and verdict for the plaintiff. In January, 1900, the plaintiff was employed by the defendant to sell his farm. The contract was not in writing. The defendant moved for a nonsuit (1) on the ground of […]
APPEAL OF BOARD OF TRUSTEES OF U.S.N.H., 129 N.H. 632 (1987)
531 A.2d 315 APPEAL OF BOARD OF TRUSTEES OF THE UNIVERSITY SYSTEM OF NEW HAMPSHIRE FOR KEENE STATE COLLEGE (New Hampshire Public Employee Labor Relations Board) No. 85-473Supreme Court of New Hampshire Public Employee Labor Relations Board Decided August 11, 1987 1. Arbitration — Generally Generally, arbitration is the submission of matters in controversy to […]
MERRIMACK SCHOOL DIST. v. NAT’L SCHOOL BUS SERV., 140 N.H. 9 (1995)
661 A.2d 1197 MERRIMACK SCHOOL DISTRICT v. NATIONAL SCHOOL BUS SERVICE, INC. No. 94-120Supreme Court of New Hampshire Hillsborough-southern judicial district Decided July 19, 1995 1. Insurance — Policies — Construction Interpretation of a contract, including whether a contract term or clause is ambiguous, is ultimately a question of law for the court to decide; […]
STATE v. SPIRITUOUS LIQUORS, 75 N.H. 273 (1909)
73 A. 169 STATE v. SPIRITUOUS LIQUORS. Supreme Court of New Hampshire Merrimack. Decided May 4, 1909. There cannot be a decree for forfeiture of liquor kept for sale in violation of law unless the officer acquired possession thereof by legal search and seizure. Where a warrant orders a search for and seizure of liquor […]
WOOSTER v. PLYMOUTH, 62 N.H. 193 (1882)
WOOSTER v. PLYMOUTH. Supreme Court of New Hampshire Grafton. Decided June, 1882. In an action, given by statute (Gen. St., c. 69, s. 1) to a traveller, against a town for an injury caused by a defect in a highway, a right of trial by jury is not secured to the defendant by the constitution. […]
STATE v. RIENDEAU, 160 N.H. 288 (2010)
THE STATE OF NEW HAMPSHIRE v. RANDY RIENDEAU. No. 2009-015.Supreme Court of New Hampshire. Sullivan.Argued: January 20, 2010. Opinion Issued: May 20, 2010. 1. Offenses — Generally — Mens Rea The failure of the legislature to provide for the specific culpable mental state required for a crime does not mean that the statute is necessarily […]
OPINION OF THE JUSTICES, 126 N.H. 486 (1985)
494 A.2d 259 OPINION OF THE JUSTICES. No. 85-142.Supreme Court of New Hampshire Request of the House of Representatives. Decided May 10, 1985. Constitutional Law — New Hampshire Constitution — Venue Proposed legislation which would create a judicial district comprised of contiguous municipalities located in different counties did not violate article of State Constitution providing […]
BOOTHBY v. RAILWAY, 66 N.H. 342 (1890)
34 A. 157 BOOTHBY v. GRAND TRUCK RAILWAY. Supreme Court of New Hampshire Coos. Decided June, 1890. Railway corporations are bound to provide stations and other facilities sufficient for the reasonable accommodation of the public, and are liable to an individual injured through their failure to make such provision. Whether in such a case the […]
STATE v. W.J.T. ENTERPRISES, 136 N.H. 490 (1992)
618 A.2d 806 THE STATE OF NEW HAMPSHIRE v. W.J.T. ENTERPRISES, INC. AND WILLIAM J. THIBEAULT No. 90-371Supreme Court of New Hampshire Hillsborough Decided December 18, 1992 1. Evidence — Hearsay — Generally Hearsay is a statement, other than one made by the declarant while testifying at the trial, offered in evidence to prove the […]
TOWN OF HAMPTON v. SPECIAL BD., 116 N.H. 644 (1976)
365 A.2d 741 TOWN OF HAMPTON v. SPECIAL BOARD OF THE STATE OF NEW HAMPSHIRE No. 7495Supreme Court of New Hampshire Rockingham Decided October 29, 1976 1. In the light of the evidence and of the basic purpose of the statute on tidal waters (RSA ch. 483-A (Supp. 1975)), the trial court’s failure to find […]
STATE v. CHACE, 151 N.H. 310 (2004)
856 A.2d 1 THE STATE OF NEW HAMPSHIRE v. KRISTEN CHACE. No. 2003-682.Supreme Court of New Hampshire Portsmouth District Court.Argued: June 10, 2004. Opinion Issued: August 26, 2004. 1. Criminal Law — Arraignment and Pleas — Plea Bargaining Where the State voluntarily undertook the task of informing defendant concerning the consequences of a plea, in […]
STATE v. STEVENS, 78 N.H. 268 (1916)
99 A. 723 STATE v. WILLIAM H. STEVENS. Supreme Court of New Hampshire Rockingham. Decided November 8, 1916. Laws 1915, c. 128, restricting the sale of lightning rods to sales by agents resident in the state, is a valid exercise of the police power for the protection of lives and property, and is not in […]
WALTER v. HAGIANIS, 97 N.H. 314 (1952)
87 A.2d 154 LORINE WALTER v. ERNEST HAGIANIS a. No. 4096.Supreme Court of New Hampshire Sullivan. Decided March 4, 1952. A finding by the Trial Court in workmen’s compensation cases will not be set aside unless it is so clearly erroneous that it could not reasonably be made. While certain medical testimony in a workmen’s […]
COX v. JOHNSON, 61 N.H. 642 (1881)
COX v. JOHNSON a. Supreme Court of New Hampshire Grafton. Decided December, 1881. CLARK, J. The sufficiency of the answer is not controverted, and no question of law is suggested. Case discharged. STANLEY, J., did not sit: the others concurred. Pike Parsons, for the plaintiff. Burleigh Adams and H. E. Burnham, for the defendants.
BINGHAM v. JEWETT, 66 N.H. 382 (1890)
29 A. 694 BINGHAM a. v. JEWETT. Supreme Court of New Hampshire Belknap. Decided December, 1890. The house of representatives is sole judge of the returns, elections, and qualifications of its members. The court is not authorized to make an official roll that will determine the question of membership either finally or provisionally, or to […]
STATE v. JORDAN, 130 N.H. 48 (1987)
534 A.2d 378 THE STATE OF NEW HAMPSHIRE v. JOHN F. JORDAN No. 86-245Supreme Court of New Hampshire Belknap Decided November 5, 1987 1. Trial — Instructions — Allen Charge Pattern criminal jury instruction on jury deadlock was found objectionable, and instruction was directed not to be employed again under any circumstances; for the future, […]
FOSTER v. TOWN OF HUDSON, 122 N.H. 150 (1982)
441 A.2d 1183 CHARLES E. FOSTER v. TOWN OF HUDSON a. No. 81-315Supreme Court of New Hampshire Hillsborough Decided February 19, 1982 1. Costs — Attorney Fees — Grounds for Awarding The multiplicity of officials at the local level prevents allowing every elected local official who successfully resists removal from office to recover costs and […]
PRATTE v. BALATSOS, 102 N.H. 147 (1959)
152 A.2d 609 OSCAR PRATTE, d/b/a JOY BAR MUSIC CO. v. SPIROS A. BALATSOS, d/b/a JOY BAR LUNCHEONETTE. No. 4730.Supreme Court of New Hampshire Hillsborough.Argued June 2, 1959. Decided June 30, 1959. 1. An assignment of plaintiff’s rights under a contract relating to the use and operation of its record-playing equipment in defendant’s place of […]
EDGERLY v. CONCORD, 59 N.H. 341 (1879)
EDGERLY v. CONCORD. Supreme Court of New Hampshire Merrimack. Decided December, 1879. A declaration in case against a city, alleging that in a highway the city erected a hydrant, and attached to it a line of hose, and that the mayor, aldermen, and superintendent of streets of the city injured the plaintiff by their careless […]
STATE v. PECK, 140 N.H. 333 (1995)
666 A.2d 962 THE STATE OF NEW HAMPSHIRE v. CHARLES PECK No. 94-243Supreme Court of New Hampshire Sullivan Decided October 27, 1995 1. Criminal Law — Prosecutorial Conduct — Discretion of Prosecutor With no claim that prosecutorial discretion was exercised in discriminatory manner, prosecutor’s decision to charge under more general statute was permissible. 2. Criminal […]
HEARN v. RAILROAD, 67 N.H. 320 (1892)
29 A. 970 HEARN v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Strafford. Decided December, 1892. A town having been sued for damages caused by an obstruction in a highway, and the person who placed the obstruction there having been notified of the suit and having conducted the defence, a general verdict for the […]
SOCIETY v. MANCHESTER, 60 N.H. 342 (1880)
THE FRANKLIN STREET SOCIETY v. MANCHESTER. Supreme Court of New Hampshire Hillsborough. Decided December, 1880. The constitution of New Hampshire does not exempt church property from taxation. APPEAL from the refusal of tax assessors to abate a tax assessed in 1880 against the plaintiff, a religious society, upon the value above $10,000 of its real […]