MR. JUSTICE HARLAN delivered the opinion of the court.
In May, 1875, Nathan Matthews, of Boston, was indebted to Thomas Upham, of the same city, in a large amount — about $200,000 — for money loaned from time to time. This debt was secured by railroad bonds and stocks, and by a mortgage upon real estate in Boston.
Matthews, desiring to obtain possession of these securities, proposed to Upham that he surrender them and take, in substitution, a...
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