Colby v. Campbell

Supreme Court of New Hampshire
Colby v. Campbell, 44 A. 104 (N.H. 1900)
70 N.H. 629
Wallace

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.

Reference

Full Case Name
Colby v. Campbell.
Status
Published