First Nat. Bank of Milltown v. Schrader

Plaintiff-appellant First National Bank of Milltown (First National) filed its complaint to recover on a retail installment contract against defendant-appellee Melvin Schrader (Schrader). This complaint was then dismissed under Indiana Rules of Procedure, Trial Rule 12(B)(6) and 17(A) for failure to join the real party in interest. First National then filed its amended complaint which was dismissed on the same grounds. First National now appeals from a denial of its motion to correct errors.

We reverse.

The evidence in this case shows that Schrader purchased a used automobile from Bob Walton…