Goudie v. American Moore Peg Co.

. Parsons, C. J.

“No lien shall be defeated by taking a note,unless it was taken in discharge of the amount due and of the lien.” P. S., c. 141, s. 18. Whether the notes and acceptances were taken in discharge of the amount due and of the lien depends upon the understanding of the parties at the time. Calef v. Brinley, 58 N. H. 90. What that was is a question of fact upon which the date of payment is merely evidence. Moore v. Fitz, 59 N. H. 572. If, as the words of the statute seem to imply, the burden rests with one claiming the defeat of the lien by the taking of a note, the exception to the…