Dickman v. McClellan

The case made out by the pleadings and the master’s findings is essentially this: The defendant held the plaintiff’s note for $3,000, secured by a mortgage on the plaintiff’s real estate. At a time when the full amount was admittedly due and payable the plaintiff paid the defendant $2,100 upon an oral agreement between the parties that such payment should cancel the entire indebtedness. The defendant thereupon gave to the plaintiff a discharge of the mortgage under seal in statutory form wherein, after identi*88fying the mortgage, he acknowledged “satisfaction of the same.” G. L. (Ter. Ed.) c.…