Massachusetts Supreme Judicial Court November 15, 1849 (Tebbetts v. Pickering)

Dewey, J.

It is unnecessary to decide whether the instrument offered in evidence supports the special count. If that was the only count upon which the plaintiff could recover, the inquiry would then properly arise, whether the memorandum appended to the note, and signed by the defendant, could in any sense be considered a defeasance of the note, or as containing any thing to qualify the