Category: New Hampshire Court Opinions

388 A.2d 190 THE STATE OF NEW HAMPSHIRE v. LUV PHARMACY, INC. CURTIS CIRCULATION CO., INC. PENTHOUSE INTERNATIONAL, LTD. No. 7895Supreme Court of New Hampshire Hillsborough Decided May 31, 1978 1. Corporations — Foreign — Service of Process Where statute regulating service of process on registered agents of foreign corporations permitted service by means other […]

24 A.2d 493 ADDIE E. PODRASNIK, Ex’x v. ROCHESTER TRUST CO. a. No. 3318.Supreme Court of New Hampshire Carroll. Decided February 3, 1942. Original jurisdiction to decree the distribution of decedents’ estates is by statute vested solely in the Probate Court. An executor cannot maintain a petition for construction of the will and for instructions […]

50 A.2d 429 JAMES POULICAKOS v. KATINA POULICAKOS. No. 3628.Supreme Court of New Hampshire Hillsborough. Decided December 23, 1946. In a libel for divorce brought by a resident of this state upon the ground of abandonment, it is not material to the jurisdiction where such abandonment commenced to exist so long as it continued for […]

441 A.2d 1180 TOWN OF HAMPSTEAD v. VINCENT R. CAPANO, JR., a. No. 81-139Supreme Court of New Hampshire Rockingham Decided February 19, 1982 1. Zoning — Appeals From Board of Adjustment — Unjust or Unreasonable Order Where property owners, who had not obtained a variance, were enjoined from continuing construction of front steps and a […]

78 A.2d 925 JOSEPH N. CONNORS, SR. v. GERARD TURGEON. No. 3975.Supreme Court of New Hampshire Strafford. March 6, 1951. Certain evidence justified the finding that the defendant in leaving his unlighted truck upon the traveled portion of the highway violated the parking statute (R. L., c. 119, s. 26) and that such violation was […]

782 A.2d 907 FRANKLIN LODGE OF ELKS v. SALLY MARCOUX a. No. 99-813Supreme Court of New Hampshire Merrimack Decided October 12, 2001 1. Administrative Law — Administrative Appeal — LimitationsPeriod New Hampshire follows the majority rule of requiring strict compliance with statutory time restrictions; thus, compliance with the procedural deadline for filing an appeal is […]

241 A.2d 799 ALEXANDER LINCOLN, JR. v. HARRY E. PAGE, Moderator a. No. 5731.Supreme Court of New Hampshire Belknap.Argued April 3, 1968. Decided April 30, 1968. 1. The practice of a municipality of having an invocation at a town meeting by an unpaid guest clergyman which is not a part of the agenda of the […]

14 A.2d 636 JOHN HAVENS v. ATTORNEY-GENERAL a. No. 3152.Supreme Court of New Hampshire Merrimack. Decided June 20, 1940. The tax upon “tobacco products sold at retail” (Laws 1939, c. 167 as amended by Laws 1939, c. 180) is not invalid because of the exemption of other property by failure to enumerate it as taxable. […]

772 A.2d 321 KSC REALTY TRUST a. v. TOWN OF FREEDOM. No. 99-296Supreme Court of New Hampshire Carroll Decided April 9, 2001 1. Zoning and Planning — Ordinances — Construction “Permissive” ordinances are those that prohibit uses of land unless they are expressly permitted as primary uses or can be found to be accessory to […]

115 A.2d 424 WILFRED H. LEGACY, JR. v. CLAROSTAT MANUFACTURING COMPANY a. No. 4412.Supreme Court of New Hampshire Strafford.Argued June 7, 1955. Decided June 30, 1955. A stoppage of work due to a labor dispute disqualifying participating employees from unemployment compensation (R. L., c. 218, s. 4 D, as amended) does not cease as to […]

688 A.2d 564 MICHELE J. LeBLANC v. RANDALL C. BERUBE AND KAREN L. BERUBE No. 95-510Supreme Court of New Hampshire Coos Decided January 28, 1997 1. Attachment and Garnishment — Attachment Proceedings — Discharge orQuashing The legislature has vested the trial court with discretion to release, discharge, or modify attachments acquired in equity proceedings “as […]

667 A.2d 1024 TOWN OF LONDONDERRY v. NEW HAMPSHIRE MUNICIPAL ASSOCIATION PROPERTY LIABILITY INSURANCE TRUST, INC. a. No. 94-287Supreme Court of New Hampshire Rockingham Decided November 15, 1995 1. Insurance — Policies — Construction Court construes the language of an insurance policy as would a reasonable person in the position of the insured based on […]

808 A.2d 3 William Tidd a. v. Town of Alton a. No. 2000-518Supreme Court of New Hampshire BelknapArgued January 3, 2002 Opinion Issued October 11, 2002 1. Generally — Exceptions, Variances and Nonconforming Uses In considering whether to grant a special exception, zoning boards may not vary or waive any of the requirements set forth […]

569 A.2d 758 PETER CHRISTIAN’S, INC. v. TOWN OF HANOVER No. 89-073Supreme Court of New Hampshire Grafton Decided February 7, 1990 1. Zoning — Appeals From Board of Adjustment — Findings of Fact Findings of a zoning board of adjustment, upon all questions of fact properly before it, are deemed to be prima facie lawful […]

855 A.2d 1246 YVONNE MARIKAR v. PEERLESS INSURANCE COMPANY. No. 2003-701.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: July 14, 2004. Opinion Issued: September 1, 2004. 1. Insurance — Parties; Rights and Duties — Insurer’s Duty to Settle and Defend An insurer’s obligation to defend its insured is determined by whether the cause of action […]

385 A.2d 841 ROBERT HUGH CLEMENT v. EDWARD COX, JAILER No. 7982Supreme Court of New Hampshire Merrimack Decided April 7, 1978 1. Extradition — Probable Cause — Fourth Amendment Requirements Because extradition is significant restraint of person’s liberty, fourth and fourteenth amendments to United States Constitution require judicial finding by either demanding State or asylum […]

220 A.2d 151 SARAH L. GIBBS, Adm’x v. RODERICK E. PRIOR. No. 5441.Supreme Court of New Hampshire Merrimack.Argued March 1, 1966. Reargued May 3, 1966. Decided May 31, 1966. 1. The statutory provision (RSA 556:13 (supp)) that the jury shall not be informed of the limitation on the amount that may be recovered in wrongful […]

790 A.2d 790 THE STATE OF NEW HAMPSHIRE v. THEODORE WARREN No. 2000-284Supreme Court of New Hampshire StraffordArgued: November 14, 2001 Opinion Issued: April 15, 2002 1. Criminal Law — Defenses — Self-Defense Statute providing that “[a] person is justified in using deadly force upon another person when he reasonably believes that such other person…[i]s […]

280 A.2d 105 ALBERT MARCOTTE v. PEIRCE CONSTRUCTION CO., INC. PEIRCE CONSTRUCTION Co., INC. v. PHILIP RENZI SONS, INC. No. 6151.Supreme Court of New Hampshire Strafford. Decided June 30, 1971. 1. Upon the evidence in the record, a mechanical engineer was properly found by the trial court to possess, by study or experience, knowledge so […]

358 A.2d 395 RAYMOND ALLARD v. IRENE THALHEIMER, DUNBARTON TOWN CLERK No. 7211Supreme Court of New Hampshire Merrimack Decided May 29, 1976 1. A subdivision plat submitted to the planning board on a certain date but then withdrawn for the addition of information required by the municipality’s subdivision control regulations was properly held not to […]

776 A.2d 715 THE STATE OF NEW HAMPSHIRE v. ANDREA AYOTTE No. 99-492Supreme Court of New Hampshire Coos Decided June 22, 2001 1. Evidence — Other Bad Acts — Particular Cases Where defendant was charged with arson, evidence regarding prior fire that she reported from a location and at a time proximate to the charged […]

60 A.2d 118 AMERICAN MUTUAL LIABILITY INS. CO. v. HECTOR F. CHAPUT a. No. 3745.Supreme Court of New Hampshire Hillsborough. Decided July 6, 1948. The purpose of the financial responsibility act (R. L., c. 122) is to protect the public in cases of accidents, whether occurring on private or public ways, involving not only motor […]

419 A.2d 1106 CHARLES A. MURPHY, JR. AND GUY B. MILLER d/b/a M M PARTNERSHIP v. DOLL-MAR, INC. No. 79-282Supreme Court of New Hampshire Belknap Decided September 17, 1980 1. Contracts — Construction — Determination by Supreme Court The interpretation of a written instrument is an issue of law for the supreme court to determine. […]

868 A.2d 268 STEPHANY WILSON v. PROGRESSIVE NORTHERN INSURANCE COMPANY. No. 2004-158.Supreme Court of New Hampshire Merrimack.Argued: October 13, 2004. Reargued: January 12, 2005. Opinion Issued: March 3, 2005. 1. Insurance — Parties; Rights and Duties — Notice and Proof of Loss New Hampshire law recognizes that failure to comply with policy provisions requiring notice […]

723 A.2d 583 WORKPLACE SYSTEMS, INC. v. CIGNA PROPERTY CASUALTY INSURANCE COMPANY a. No. 96-366Supreme Court of New Hampshire Rockingham Decided February 8, 1999 1. Statutes — Enactment — Prospective or RetroactiveOperation Supreme court will presume that where a statute affects substantive rights, it was intended to apply prospectively only; where statute is remedial or […]

495 A.2d 1245 RICHARD S. MURPHY AND BEATRICE K. MURPHY v. FINANCIAL DEVELOPMENT CORPORATION a. No. 84-253Supreme Court of New Hampshire Hillsborough Decided May 24, 1985 1. Mortgages — Foreclosure — Particular Cases In action seeking to set aside foreclosure sale of home, motion to dismiss was properly denied by master, where it relied on […]

376 A.2d 143 LEON DeBLOIS a. v. CROSLEY BUILDING CORPORATION OF MAINE, INC. No. 7733Supreme Court of New Hampshire Merrimack Decided July 25, 1977 1. Covenants — Restrictive Covenants — Validity Restrictions prohibiting operation of restaurant on land conveyed by plaintiff grantors to original grantees, who conveyed to defendant grantee, were not void as against […]

411 A.2d 144 WIN-TASCH CORPORATION v. TOWN OF MERRIMACK No. 79-123Supreme Court of New Hampshire Hillsborough Decided January 24, 1980 1. Zoning — Appeals From Board of Adjustment — Additional Evidence In action by developer to cause building permits to issue for lots smaller than minimum size permitted by zoning ordinance, on ground they were […]

238 A.2d 598 SALLY D. COLLETTE v. VICTOR L. COLLETTE. No. 5621.Supreme Court of New Hampshire Rockingham.Argued December 5, 1967. Decided February 29, 1968. 1. The Trial Court is accorded wide discretion in determining an equitable division of a husband’s salary for the benefit of his divorced wife and minor children both at the time […]

64 A.2d 320 OPINION OF THE JUSTICES. No. 3825.Supreme Court of New Hampshire Decided February 24, 1949. The classification of recipients of gross income for taxation at different rates is forbidden by the provisions of Pt. II, Art. 5 of the Constitution. A gross income tax does not differ from a net income tax with […]

210 A.2d 161 JAMES J. BARRY v. JOHN W. KING a. No. 5368.Supreme Court of New Hampshire Rockingham.Argued May 6, 1965. Briefs submitted May 10, 1965. Decided May 12, 1965. 1. The constitutional provision (Pt. II, Art. 41) that the Governor shall be the supreme executive magistrate is implemented by the further provision (Const. Pt. […]

374 A.2d 659 ROBERT LEE BELL v. THE STATE OF NEW HAMPSHIRE SUPERIOR COURT SENTENCE REVIEW DIVISION DANIEL WILLIAMS v. THE STATE OF NEW HAMPSHIRE SUPERIOR COURT SENTENCE REVIEW DIVISION No. 7646 No. 7663Supreme Court of New Hampshire Original Decided May 31, 1977 1. Certiorari — Issuance of Writ Where criminal defendants alleged that their […]

497 A.2d 847 APPEAL OF SEACOAST ANTI-POLLUTION LEAGUE APPEAL OF CAMPAIGN FOR RATEPAYERS’ RIGHTS APPEAL OF CAMPAIGN FOR RATEPAYERS’ RIGHTS (New Hampshire Public Utilities Commission) No. 84-313 No. 84-325 No. 84-379Supreme Court of New Hampshire Public Utilities Commission Decided July 24, 1985 1. Appeal and Error — Preservation of Questions — Failure To Present Below […]

395 A.2d 1241 PANDORA INDUSTRIES, INC. v. STATE OF NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION No. 78-052Supreme Court of New Hampshire Hillsborough Decided December 29, 1978 1. Taxation — Business Profits Tax — Allocation Formula Commissions paid by multistate business organization with principal place of business in New Hampshire to out-of-State salesmen working as independent […]

423 A.2d 289 ALBERT L. BERLINGUETTE a. v. CHARLES R. STANTON, MAYOR CITY OF MANCHESTER a. HAMPSHIRE HARBOR, INC. v. AMOSKEAG SAVINGS BANK Nos. 79-344 79-345 80-210Supreme Court of New Hampshire Hillsborough Decided December 3, 1980 1. Pleading — Form and Requisites — Generally Pleadings should be simple, concise and indicate the theory on which […]

764 A.2d 901 THE STATE OF NEW HAMPSHIRE v. RONALD F. PATTERSON, JR. No. 98-446Supreme Court of New Hampshire Grafton Decided December 5, 2000 1. Statutes — Maxims and Rules of Construction — UnambiguousStatutes and Plain Meaning Because issues of statutory interpretation could be resolved from plain meaning of statutes, court was not required to […]

277 A.2d 315 JOHN W. MCLANE a. v. BERTHA L. MARDEN MARGARET G. TAYLOR No. 6175.Supreme Court of New Hampshire Hillsborough, Decided April 30, 1971. 1. The term “heirs” means those persons who succeed to an intestate’s property. 2. A widow is not an “heir” as thus defined, but may take an interest in her […]

327 A.2d 708 MICHAEL H. SIMPSON v. RICHARD L. SIMMONS d.b.a. OLE VOLK’S HOME No. 6937Supreme Court of New Hampshire Sullivan Decided October 31, 1974 1. Considering all the evidence, the trial court was not compelled to find that defendant-automobile dealer was guilty of either intentional Page 691 or negligent misrepresentation in selling plaintiff a […]

817 A.2d 297 IN RE ESTATE OF J. DOUGLAS KING No. 2002-117Supreme Court of New Hampshire Hillsborough County Probate CourtArgued January 14, 2003 Opinion Issued March 6, 2003 1. Wills — Revocation — Lost Wills Where a codicil made only a few minor amendments and was not sufficiently complete as a testamentary document to stand […]

776 A.2d 1265 JONATHAN RAYESKI v. GUNSTOCK AREA/GUNSTOCK AREA COMMISSION No. 99-305Supreme Court of New Hampshire Belknap Decided June 14, 2001 1. Negligence — Defenses — Assumption of Risk Statute pertaining to responsibilities of skiers and passengers at ski areas essentially adopted the primary assumption of the risk doctrine and has been interpreted to mean […]

484 A.2d 1214 APPEAL OF THE TOWN OF PLYMOUTH (New Hampshire Public Employee Labor Relations Board) No. 82-439Supreme Court of New Hampshire Public Employee Labor Relations Board Decided November 30, 1984 1. Judgments — Collateral Estoppel — Issues Barred Public employee labor relations board’s denial of petition to combine all of a town’s employees in […]

630 A.2d 772 THE STATE OF NEW HAMPSHIRE v. DOUGLAS WRIGHT No. 92-251Supreme Court of New Hampshire Grafton Decided August 25, 1993 1. Criminal Law — Right to Fair Trial — Charge to Jury In determining the propriety of partial written jury instructions, the question is whether the partial written instruction created an unbalanced impression […]

70 A.2d 207 LAURA E. GAUTHIER v. ROBERT C. LAING, Special Adm’r. No. 3852.Supreme Court of New Hampshire Hillsborough. Decided January 3, 1950. One may not recover the reasonable value of personal care and services rendered a deceased in his lifetime although payment therefor was mutually understood where the illicit cohabitation of the parties is […]

366 A.2d 479 VIRGINIA T. MURPHY v. JOHN J. MURPHY No. 7359Supreme Court of New Hampshire Rockingham Decided November 30, 1976 1. In a divorce proceeding concerning irreconcilable differences, RSA 458:7-a (Supp. 1975), the trier of fact may properly in his discretion exclude evidence of fault on the issue of alimony. 2. The amount of […]

766 A.2d 725 IN THE MATTER OF HERBERT N. FOWLER, JR. AND CHERYL K. FOWLER No. 98-487Supreme Court of New Hampshire Portsmouth Family Division Decided December 14, 2000 1. Divorce — Practice and Procedure — Review In fashioning a final divorce decree, trial court has broad discretion in determining and ordering distribution of property and […]

363 A.2d 413 GLORIA B. LITCHFIELD v. MEL K. PFEFFER a. No. 7213Supreme Court of New Hampshire Hillsborough Decided August 31, 1976 1. The trial court properly found and ruled that notes payable to husband and wife or order could be discharged only by both of them. 2. Payee husband, as one of the parties […]

589 A.2d 1004 In re LISA H. No. 90-056Supreme Court of New Hampshire Grafton County Probate Court Decided April 26, 1991 1. Parent and Child — Abandonment — Elements In statute enumerating grounds for termination of parental rights, “abandonment” is not comprehensively defined, and a determination of abandonment is essentially factual. RSA 170-C:5, I. (Supp. […]

258 A.2d 351 PACIFIC ATLANTIC SHIPPERS v. ALLAN A. SCHIER. No. 5807.Supreme Court of New Hampshire Rockingham.Argued January 7, 1969. Decided October 31, 1969. 1. The essence of conversion is the exercise of dominion or control over goods which is inconsistent with the rights of the one entitled to possession. 2. A sale and delivery […]

257 A.2d 17 STATE v. RALPH M. HOWARD. No. 5842.Supreme Court of New Hampshire Hillsborough.Argued January 7, 1969. Decided September 30, 1969. 1. A respondent’s appeal in a criminal case was dismissed, on motion of the State, for failure to prosecute where the respondent clearly demonstrated by his conduct that he does not intend to […]

508 A.2d 1066 THE STATE OF NEW HAMPSHIRE v. RALPH BAILEY No. 85-079Supreme Court of New Hampshire Hillsborough Decided April 11, 1986 1. Constitutional Law — Double Jeopardy — Particular Crimes Conviction on two counts of negligent homicide from two deaths arising out of one accident did not violate the double jeopardy clause of the […]

517 A.2d 808 CHARLES H. WELCH AND FLORENCE WELCH v. GONIC REALTY TRUST CO. No. 85-413Supreme Court of New Hampshire Strafford Decided October 2, 1986 1. Courts — Procedure — Pretrial Conferences Superior court rule concerning pretrial settlement conferences has as its primary purpose the promotion of settlement, by exposing the elements of a case […]

7 A.2d 251 WILFRED WOODMAN, by his father and next friend v. WARREN PECK O. RAY WOODMAN a. v. SAME No. 3061Supreme Court of New Hampshire Merrimack Decided June 22, 1939 Where the plaintiff’s injury resulted from a collision of the car in which he was riding with another car he cannot recover from the […]

660 A.2d 1127 APRIL SLOANE CHINBURG v. DALE AND ELLEN CHINBURG No. 93-591Supreme Court of New Hampshire Strafford Decided June 14, 1995 1. Court — Supreme Court — Scope of Review Where the time span, context, and consistency of statements offered for admission under the catch-all exception to the hearsay rule were before the trial […]

64 A.2d 697 MAYNARD G. LANGLOIS v. GORDON MALONEY a. No. 3812.Supreme Court of New Hampshire Sullivan. Decided March 1, 1949. A general exception to the verdict as rendered adds nothing to exceptions already taken to the denial of motions for nonsuit and directed verdict which present the issue of the sufficiency of the evidence […]

345 A.2d 906 STATE OF NEW HAMPSHIRE v. PAUL E. LEMIRE SAME v. RANDALL D. THOMPSON SAME v. LEON R. CHASSE SAME v. LIONEL E. POLIQUIN SAME v. STEVEN ACORN No. 7117 No. 7118 No. 7119 No. 7120 No. 7121Supreme Court of New Hampshire Hillsborough Decided September 30, 1975 1. To hold that trial court […]