Lincoln Securities Co. v. Poppe, Inc.

Lees, C.

Defendant gave three promissory notes to O. J. Thorpe. He indorsed them to plaintiff, who sues to recover the amount due thereon.

The defense is usury, coupled with an allegation that plaintiff is not a bona fide purchaser for value and before maturity, and an allegation that there cannot be a full determination of the action unless Thorpe is brought in as a party.

After serving the answer, defendant obtained an ex parte order making Thorpe a party defendant. He failed to appear or answer. Subsequently plaintiff moved for the vacation of the order. The motion was granted and defendant…