Mamlock v. Fairbanks

This action is brought to set aside, the contract by which the plaintiff, by her agent, one Marcus Silber, purchased of the defendant a certain note and mortgage executed by one John E. Eandall to one Joel E. Ackerman, and to recover back the purchase money therefor, on the ground of false and fraudulent representations made by the defendant to the agent, Silber, at the time of the purchase, as to the adequacy of the mortgage security, and as to the responsibility, identity and residence of the parties, which formed the inducement of the contract.

On'the trial, the agent, Silber, testified…