Mashburn v. First Investors Corp.

WYNN, Judge.

Since the decision of this case turns upon a procedural error, a complete discussion of the facts is not necessary. Summarily, it is undisputed in this appeal that defendant, Dorcas Ann Brooks (“Brooks”), a security broker employed by First Investors Corporation (“First Investors”) used a variety of fraudulent misrepresentations to induce the plaintiff, Ruth E. Mashburn, to purchase securities.

The plaintiff discovered Brooks’ illegal activities and promptly contacted First Investors. Upon confirming the fraud perpetrated by Brooks, First Investors tendered, pursuant to the…