If the taking of security was intended as 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.
YOUNG, J., did not sit: the others concurred.