
    Hillsborough,
    
    Dec. 5, 1933.
    John F. Larkin v. Jaffer Alley.
    
      Hurley & Connor, for the plaintiff.
    
      Cyprien J. Belanger and Banigan & Banigan, for the defendant.
   Per Curiam.

The defendant by his motion sought to set up a defence alleged to have been disclosed by the testimony but not relied upon at the trial. It is well settled under our practice that a verdict cannot be sustained upon grounds not presented at the trial, although deducible from the evidence. Doyle v. MacDonald, 85 N. H. 545, 547; Hawes v. Chase, 84 N. H. 170; Bjork v. Company, 79 N. H. 402, 407; Gage v. Railroad, 77 N. H. 289, 296 and cases cited. A fortiori a verdict cannot be disturbed upon such grounds.

Judgment on the verdict.

Woodbury, J., did not sit.  