MILLS COUNTY STATE BANK v. FISHER

No. 61790.

282 N.W.2d 712 (1979)

MILLS COUNTY STATE BANK, Appellee, v. Stanley FISHER, Appellant.

Supreme Court of Iowa.

August 29, 1979.


Attorney(s) appearing for the Case

Raymond E. Pogge, of Pogge, Root & Steege, Council Bluffs, and Clayton H. Shrout, Omaha, Neb., for appellant.

Robert J. Laubenthal and Gregory G. Barntsen, of Smith, Peterson, Beckman & Willson, Council Bluffs, and Michael O. Johanns, Lincoln, Neb., for appellee.

Considered by REYNOLDSON, C. J., and REES, McCORMICK, McGIVERIN and LARSON, JJ.


REES, Justice.

The defendant, Stanley Fisher, appeals from a judgment for the plaintiff Bank in its action on a promissory note and against defendant on his counterclaim alleging fraudulent misrepresentation. The judgment of the trial court was affirmed by the Court of Appeals. We granted defendant's petition for review and conclude that errors made by the trial court in instructing the jury require the grant of a new trial.

Fisher contends that the trial...

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