This action to recover on a guarantee of a mortgage note, which concededly is in default, was commenced by the lender's subrogated assignee. Defendant-appellant, Julian Newton Marx, the corporate borrower's president and guarantor, in his individual capacity, of the mortgage loan contends he was fraudulently induced to give that guarantee. His claim, that he would not have entered into the transaction had he not been deceived by plaintiff's agents into believing prior liens...
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