Bankers' Nat. Bank v. Security Trust Co.

Citations

• 19 S.D. 418
• 103 N.W. 654
• 1905 S.D. LEXIS 58

Syllabus

<p>Under Rev. Code Civ. Proc. § 95, providing that when a complete determination of a controversy cannot be had without the presence of other parties the court must cause them to be brought in, the maker of a note who is sued by an indorsee, and defends on the ground that the note was without consideration, and that the transfer to plaintiff was merely colorable and without consideration, cannot compel the bringing in of the payee to answer a counterclaim and cross-complaint seeking an accounting and other equitable affirmative relief.</p>