Jefferson-Gravois Bank v. Cunningham

KAROHL, Presiding Judge.

Defendant E.J. Cunningham appeals from a judgment entered against him and in favor of plaintiff-respondent Jefferson-Gravois Bank (bank) on a jury verdict for $41,823.88. The action was based on a promissory demand note in the amount of $25,000.00 plus interest given by defendant to plaintiff in return for a loan.1 We reverse and remand for a new trial.

Defendant raised an affirmative defense contending that Richard M. Ross induced him to enter into the loan transaction with the bank by fraudulent misrepresentations, that Ross was plaintiff’s agent, and that therefore…