Waitzkin v. Glazer

The plaintiff declared in two counts: one upon a promissory note signed by the defendants, the second for a balance of money laid out at the defendants’ request. The note was secured by a second mortgage of real estate. The defendants gave evidence that after breach of the conditions of the mortgage, the male defendant saw the plaintiff, stated their inability to meet the require*87ments of the mortgages, and, at his request and suggestion that if a deed of the property be made to him he would release liability on the note, agreed to give such deed. A little later the plaintiff conferred with…