AMERICAN BANK CENTER v. WIEST

No. 20100027.

793 N.W.2d 172 (2010)

2010 ND 251

AMERICAN BANK CENTER, Plaintiff and Appellant v. David L. WIEST, Defendant, Third Party Plaintiff and Appellee v. Howard Palmer, Third Party Defendant and Appellee and Louis Burckhardsmeier, Third Party Defendant.

Supreme Court of North Dakota.

December 23, 2010.


Attorney(s) appearing for the Case

Richard P. Olson (argued) and Wanda L. Fischer (on brief), Minot, N.D., for plaintiff and appellant.

Joseph A. Turman (argued) and Katrina A. Turman Lang (on brief), Fargo, N.D., for defendant, third party plaintiff and appellee.

David J. Hogue (appeared), Minot, N.D., for third party defendant and appellee.


CROTHERS, Justice.

[¶ 1] American Bank Center ("Bank") appeals from a district court judgment rescinding a $250,000 loan the Bank made to David L. Wiest and requiring Wiest to repay part of a $200,000 loan the Bank made to Wiest for a line of credit. The Bank argues the district court erred in rescinding the $250,000 loan because the court improperly imputed the fraud of the Bank's loan officer, Howard Palmer, to the Bank. The Bank also argues the court erred...

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