Derby v. Matushonek

Flannery, J.,

— On October 2, 1949, Kenneth Derby, plaintiff, was a passenger in an automobile owned and driven by his wife, Emma M. Derby, additional defendant, which collided with an automobile driven by Helen Matushonek, defendant.

*273On July 14, 1950, Emma M. Derby, or her insurer in her behalf, paid Helen Matushonek $823.50 in settlement of her claim for damages arising out of the accident and obtained the following release:

“RELEASE IN FULL

“FOR THE SOLE AND ONLY CONSIDERATION OF

“Eight hundred and twenty-three and 50/00 — (Dollars) ($823.50) to me/us paid, receipt of which is hereby…