United States v. Costa

STEWART, District Judge.

This is an action on a promissory note brought by the holder, the United States of America, against the makers of the note. In the answer, the defendants assert the defense of failure of consideration by the payee, and upon ex parte petition of the defendants under Rule 14(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., this Court granted leave to the original defendants to serve a third party summons and complaint on the payee. In the third party complaint, the defendants allege a cause of action for breach of warranty against the payee under a contract for…