Lefferts v. Silsby

The only defense sought to be pleaded in the answer is, the non-joinder of Jacob W. Ram, as a party *194defendant. It is alleged, in the answer, that he is a joint maker with the defendants, of the note sued upon. If it be true, as is thus averred, that Kam is a joint maker of the note, then he is a proper and necessary party, and the defendants may insist that he be brought in and made a party to the record before a recovery be had against them. This proposition, as a general one, is not denied by the plaintiff. But the demurrer is sought to be maintained upon the ground and for the reason, that…