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EMPIRE STATE BANK v. VARPNESS

No. C2-86-921.

395 N.W.2d 387 (1986)

EMPIRE STATE BANK, Appellant, v. Norman VARPNESS, Respondent.

Court of Appeals of Minnesota.

Review Denied December 12, 1986.

Attorney(s) appearing for the Case

James R. Anderson, Marshall, for appellant.

Kevin Stroup, Nelson, Oyen, Torvik, Minge, Christopherson & Gilbertson, Clarkfield, for respondent.

Heard, considered and decided by POPOVICH, C.J., and PARKER and HUSPENI, JJ.

OPINION

PARKER, Judge.

Empire State Bank appeals the trial court's denial of its claim arising from a note executed by respondent Norman Varpness. The jury found, by special verdict, that the bank had induced Varpness to sign the note by fraudulent misrepresentation. Based on this finding, the trial court held that the note was unenforceable. We reverse and remand with instructions to enter judgment for the bank.

FACTS

Bernard Belling operated...

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