Mahoney v. McDonald

JOSEPH S. LORD, III, District Judge.

Eleanor Restifo, joined as a third party defendant, seeks summary judgment against the defendant. The case arises out of an automobile accident which occurred on August 20, 1963. The third party defendant was the driver of the one vehicle and defendant’s decedent, William McDonald, was the driver of the other. On March 4, 1964 Restifo settled with McDonald and received from McDonald a written release as follows:

“KNOW. ALL MEN BY THESE PRESENTS, that I, WILLIAM MCDONALD, 6411 North 21st Street, Philadelphia, Pa., for the sole consideration of Four hundred…