BINGHAM, Circuit Judge.
These are cross-appeals from a judgment of the federal District Court for Massachusetts of October 21, 1935, wherein the defendant recovered the sum of $4,393.02, with interest from the date of the writ amounting to $777.57, and his costs. The action was originally brought by Walter A. Kennedy, the plaintiff in Kennedy v. Boston-Continental Nat. Bank (C.C.A.)
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