Fuller v. Brown

34 A. 463, 67 N.H. 188

Opinion

Blodgett, J.

The question of waiver was properly submitted to the jury on the evidence as a matter of fact; for tlieir determination. “ In a general way, waiver maybe said to occur whenever •one, in possession of a right conferred" either by law or by contract, and knowing the attendant facts, does or forbears to do something inconsistent with the existence of the right, or of his intention to rely upon it; in which case he is said tu have waived it, and he is estopped from claiming by reason of it afterwards.” Bish. C,on., s. 656. But in such a case the question of waiver is one of fact for thl jury. Fox v. Harding, 7 Cush. 516, 520; Union Bank of Georgetown v. Magruder, 7 Pet. 287.

Exception overruled.

Carpenter, J., did not sit: the others concurred.