DENISON, Circuit Judge.
In the court below Carter recovered a tort judgment against the bank, in an action based on the theory that the bank, through its vice president, while he was acting within the scope of his employment as the bank's agent, participated in swindling Carter out of a large sum of money. More in detail, plaintiff's theory, which there was testimony tending to support, and which was accepted by the jury, was this: Carter, aged, gullible, and living...
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