Justh v. . Nat. B'k of the Commonwealth

This action was brought, as appears by the complaint, upon the theory that the defendant bank had participated in the fraud by which William E. Gray Co. procured a loan from the plaintiffs of their two checks, amounting to $40,000. The proof entirely failed to sustain that theory, and the action is now sought to be sustained upon a very different one. What that is will appear from a short statement of the case.

Gray, on the 10th of December, 1869, borrowed of the plaintiffs their check for $30,000, and, a few minutes later, another for $10,000. These loans were made upon collaterals of the…