Falligan

The plaintiff in error, hereinafter called the bank, brings error to review the judgment obtained against it by the defendant in error for the sum of $10,000 with interest thereon from September 29, 1921, and costs. The action was brought against the bank and Otis P>. Berry, its cashier. The complaint alleged that the plaintiff was defrauded of $20,000 by certain persons alleged to be swindlers, and that said Berry, in his capacity as cashier and manager of the branch bank of the plaintiff in error, of Hollywood, and while acting within the scope of his employment, fraudulently, corruptly, and feloniously aided and abetted the said swindlers to commit the said felony and deprive the plaintiff of his said money. The money of which the defendant in error was defrauded was represented by two $10,000 checks. The jury returned a verdict against Berry for the full amount of $20,000, and against the bank for the sum of $10,000.

The bank assigns error to the denial of its motion for a nonsuit, made at the close of the plaintiff’s testimony. ''The ground of the motion was that there was no evidence to show that the bank participated in or was party to the fraud. The defendant in error…