Howard v. Cardella

Plaintiff sued the defendants, Matteo P. Cardella and Mrs. Eva Benson, his wife, on two notes signed by them jointly and severally, and secured by mortgage on property real and personal belonging to the community of aequéts and gains existing between them.

There was judgment below against the husband for the full amount claimed and recognizing the mortgages securing the notes. From this judgment the husband has not appealed.

As to the wife the trial judge refused plaintiff a personal judgment for the amount of the notes. And from this judgment the plaintiff appeals.

The only defense set up by…