Cooper v. German National Bank
Colorado Court of Appeals
Appeal from the District Court of Arapahoe County. June 21, 1888, James M. and W. F. Patrick made their joint promissory note, payable to the order of appellant, ninety days after date, for $2,500, and interest. Sometime after its maturity it was indorsed by appellant and became the property of the German National Bank. In August, 1890, the bank brought suit against the makers to collect the money. The complaint is in the ordinary form.
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Appeal from the District Court of Arapahoe County. June 21, 1888, James M. and W. F. Patrick made their joint promissory note, payable to the order of appellant, ninety days after date, for $2,500, and interest. Sometime after its maturity it was indorsed by appellant and became the property of the German National Bank. In August, 1890, the bank brought suit against the makers to collect the money. The complaint is in the ordinary form. Only one allegation requires notice, which is that the note was indorsed and became the property of the bank before its maturity. It was conceded that such…
1Opinion of the CourtReed, P. J.
This case presents novel and troublesome questions, not upon the points involved on the merits, but upon questions of practice under the civil code. The first is whether appellant could properly be made a party to the suit and defendant at the instance of Patricks, the defendants, against whom *178the suit was brought. The provisions of the code in regard to parties are as follows :
“ Sec. 11. Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved…
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