Wyche v. Bank of Campbell County

The Court of Appeals, among other questions certified to this court in this case, propounded the following: “In a suit by the assignee against the maker of a promissory note payable to the order of another and indorsed by such payee in blank, where the defendant maker, without exception or objection by the plaintiff or the payee, has pleaded that by reason of the payee’s breach of the contract in which the note was given he is not indebted to the payee, and, in order to avoid a multiplicity of suits, has prayed in his plea that the payee be made a party defendant, and that the judgment of the…