Herr

In a cause of action similar to that of Citizens’ Trust & Savings Bank v. Falligan, 4 F.(2d) 481 , just decided by this court, and consolidated with that case for trial in the court below, the defendant in error sought to recover from the bank a judgment for $17,120, the value of certain bonds and securities of which the swindlers who wore involved in the Falligan Case fraudulently deprived him. The law points involved in the present ease are similar to those which were discussed in the Failigan Case. There was the same motion for nonsuit at the close of the evidence for the plaintiff, and there was absence of waiver of that motion.

The facts in the present caso are that the defendant in error surrendered to the swindlers his bonds and stocks. Thereafter the greater portion thereof, consisting of Liberty bonds and stock to the value of $13,500, disappeared from view, and were not further traced in the evidence. There was no evidence whatever connecting the bank or Berry, its cashier, with those bonds or stocks at any time. Some three weeks after the defendant in error had lost those bonds and stocks, he met Berry. At that time he had attempted by notice to the Pennsylvania…