Supreme Court of New Hampshire, 1900

Colby v. Campbell

Colby v. Campbell
Supreme Court of New Hampshire · Decided June 5, 1900 · Wallace
44 A. 104; 70 N.H. 629

Colby v. Campbell

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.