Rathbun v. Goldman

Lees, C.

The bank examiner brought this action on a promissory' note executed by defendant to the Western State Bank of Minneapolis. Defendant admitted the execution of the note, but alleged that it was procured by the false and fraudulent representations of E. E. Voll, who was then the vice-president and managing officer of the bank. The case was tried by jury and a verdict returned in defendant’s favor. Plaintiff has appealed from an order denying his motion in the alternative for judgment or a new tria).

Defendant introduced evidence tending to show that in the summer of 1921 Voll told him…