Colby v. Campbell

44 A. 104, 70 N.H. 629

Opinion

Wallace, J.

If the taking of security was intended as a waiver of the lien, the verdict must stand. Whether the acts of the parties and the other evidence established a waiver was a question of fact to be decided at the trial term (Pickett v. Bullock, 52 N. H. 354; Fuller v. Brown, 67 N. H. 188; Estes v. Insurance Co., 67 N. H. 462), and the case presents no question of law.

Exception overruled.

Y oung, J., did not sit: the others concurred.