United States v. De Haven

13 F.R.D. 435 (1953)

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Nature of the Case

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Facts

P sought to recover on a promissory note executed by D payable to Vander Broek Roofing for $979.61. The note was endorsed and negotiated without recourse by the roofing company to Commercial Credit. The note was given by D in payment for certain repairs and improvements made to their home by Vander. After default in payment of certain monthly installments, Commercial Credit assigned the note to P, which had insured its payment by the FHA. D answered and denied liability in that there was no consideration for the execution of the note, that P had knowledge of the failure of consideration, and that P was not a holder in due course. D alleged that the roofing company had failed to make the repairs and improvements in a proper and workmanlike manner and that they have a claim against the company for damages. D moved to implead Vander and P opposed the motion as they claimed it was not proper under Rule 14(a).