Caragulian v. Rudd

This is an action of contract to recover the balance due upon a judgment against the defendants, who are husband and wife. The husband was defaulted. The wife defends on the ground that the plaintiff accepted a partial payment made by her “by her husband,” and the husband’s notes for the balance due upon the judgment, and not only said that he would release the wife but signed an unsealed paper reciting that in consideration of the partial payment the plaintiff agreed to accept it in full satisfaction of his judgment against her, reserving, however, the right to hold the husband upon the…