Martin v. Munroe

The plaintiff as executor instituted suit upon a promissory note, executed in favor of his testator while in life. No promise except that contained in the note was declared upon. ;The defendant filed a plea, admitting the execution of the note, *80but insisting that he was released from payment, by virtue' of a-writing executed by the plaintiffs testator and delivered to the defendant at the time of the execution of the note. On the trial it appeared from the evidence that the defendant was the brother of plaintiff’s testator. The writing relied upon as a release from payment of the note was as…