PARKER, Circuit Judge.
Appellant, who was plaintiff in the court below, instituted this action against the receiver of the American National Bank of Asheville, N. C., to recover certain bonds and notes deposited with that bank, or, in lieu thereof, damages on account of their loss or conversion. By consent of parties the trial judge submitted the following issue to the jury: "Were the securities described in the complaint stolen or lost through the gross negligence...
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