Boston Five Cents Savings Bank v. Brooks

This is an action by the payee against the maker of a promissory note secured by a mortgage upon certain real estatei The defence is that the execution of the note was procured by fraud. The jury found that the execution and delivery of the note were obtained by false or fraudulent representations concerning the effect and purpose of the note which were made by an attorney, now deceased, while acting as agent of the plaintiff, within the scope of his employment. The jury returned a verdict for the defendant. The plaintiff excepted to the admission of evidence, to the denial of its motion for…