Benz v. Kaderbeck

The question before us is the sufficiency of the testimony to support plaintiff’s recovery against defendant for fraud claimed by plaintiff to have been practiced upon him by defendant in the purchase and sale of a second mortgage. Plaintiff was a customer of a bank in which defendant was an officer and an employee. The mortgage in question was not owned by defendant, or the bank, but was the property of certain customers of the bank, who desired to sell it. Plaintiff informed defendant that he wanted to buy a first mortgage for around $1,200, and defendant called his attention to the…