Dear v. Remington

On defendant’s alternative motion for judgment or a new trial, judgment was ordered for defendant and plaintiff appeals.

The action is to recover damages for fraud. Plaintiff’s original claim was that through the deceit of. defendant he had secured a third mortgage, when he was entitled to a second, upon a residence property in Hibbing. ' In that connection plaintiff averred that defendant had negotiated the loan for him as his confidential friend and agent. It is further said that, in fraud of plaintiff’s rights, defendant himself took the second mortgage and caused plaintiff to receive only…