Pinnix v. LaMorte

The plaintiff brought this action seeking a judgment declaring a mortgage note and deed invalid on the ground that the defendant lender had charged an excessive rate of interest on the loan. The plaintiff’s wife was solely liable on the note, but was never given reasonable notice of or made a party to the action. The court rendered summary judgment in the defendant’s favor and the plaintiff appealed.

Practice Book, 1978, § 390 (d) governing actions for declaratory judgment requires all persons having an interest in the subject matter of the complaint to be parties to the action or have…