Hanover Trust Co. v. Rizzo

The opinion of the court was delivered by

Perskie, J.

This case comes up on the return of a rule to show cause why the judgment entered by default on October 19th, 1928, at the suit of Hanover Trust Company against Hieholas Eizzo and Marie Barber Eizzo, in the New Jersey Supreme Court (Mercer county) for $15,313.76, besides costs, should not be opened as against Marie Barber Rizzo, the wife of Nicholas Rizzo, and that she be allowed to enter her appearance and defend the suit on the merits. The defendant bases her application on the ground of duress, merit and surprise.

It is the settled law of…