Opinion
Decided December, 1899.
ASSUMPSIT, to recover for services as an attorney. Trial by jury. The jury were instructed to return as their verdict such sum as the services were reasonably worth. No instruction was given or requested on the question of interest. There was a verdict for the plaintiff, to which he moved that interest be added from the date of the writ. The motion was granted, subject to the defendant's exception.
James I. Parsons and Daley Goss, for the plaintiff.
Thomas F. Johnson and Chamberlin Rich, for the defendant.
The plaintiff's motion to add interest to the verdict should not have been granted. If he desired an instruction for the allowance of interest, he should have asked for it before the jury retired. By his failure to do so, he waived his right to it and all objections for the want of it, in the same manner he would his right to any other instruction. Pitman v. Mauran, 69 N.H. 230.
Exception sustained.
PEASLEE, J., did not sit: the others concurred.