Berkeley Bank for Cooperatives v. Meibos

I respectfully dissent.

While I am aware of the great reluctance of the Court to overturn a jury verdict,1 still, I am of the opinion that there was no jury question presented here, and the District Court erred in denying plaintiff’s motion for a directed verdict and its motion for judgment notwithstanding the verdict. There is, here, insufficient evidence of fraud on the part of plaintiff to present that issue to the jury. In addition, defendants were not, as a matter of law, entitled to rely on the representations made by the Bank’s agents as construed by them.

The majority opinion emphasizes…