Donovan v. Hallowell

— This is an action to recover upon a note and foreclose a mortgage given as security.

The answer admitted the execution of the note and mortgage, but alleged as an affirmative defense that the note in question was fully paid, as evidenced by a release in writing signed by the defendant. The reply admitted the execution of the release, but denied that it was intended to cancel the note sued on, and alleged that, if it did so by its terms, it was, to that extent, a mistake between the parties.

After trial, the court held that there was no substantial evidence to show that the release was…