MacINTYRE, P. J.
Where, in an action on a promissory note, the defendant maker of the note admits a prima facie case and as a defense pleads an express covenant not to sue, and it appears from the evidence introduced before the judge without the intervention of a jury, that, at the time the note was executed and delivered by the defendant to the plaintiff, the following memorandum, signed by the defendant, was written on the back of the note: "This note is not a mortgage...
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