Bernard H. Pinken v. Dan R. Frank

FLOYD R. GIBSON, Senior Circuit Judge.

Bernard H. Pinken brought a diversity claim to recover payment on a promissory note executed by Dan R. Frank. Frank admitted all elements of Pinken’s claim and asserted the defense of fraud in the inducement of the note. In support of his defense, Frank was permitted to present evidence that prior to execution of the note Pinken made oral representations regarding his intention not to enforce the note unless certain conditions were met. The jury returned a verdict for Frank on his fraud defense and Pinken seeks reversal of that verdict claiming: (1) the…