Auerbach v. Arguelles

It is difficult to see how the jury could have reached any different verdict. There is a color of fraud in the transaction. The jury must have found from the evidence that Auerbach admitted that the Blumlein note was not evidence of a bona fide indebtedness. To have found otherwise upon the equivocal testimony of Auerbach would have been to find against the manifest weight of the evidence. Auerbach alone appears in this cause as claiming under the Blumlein note. Bio one claiming title through the sale, upon foreclosure of the mortgage securing that note, intervenes. Auerbach admitted, in…