Docket Number:5. Shapiro was permitted to testify, subject to City Bank’s exception,6 (1) about his conversations with Serano and with. Goldman, (2) about the $1,500 loan which he made to Goldman, and (3) about a $11,000 fee taken for his own work. The judge also admitted, subject to exception, testimony of Goldman (a) about a conversation with the president of Middlesex County National Bank that his bank “was not in a position to handle that kind of bond or, at that time, to do anything with a bond of that size”; and (b) about the $1,500 loan to him. City Bank’s counsel stated that his objection was to admitting this testimony on the issue of bad faith on the part of City Bank, although he did not object to receiving the testimony upon the issue of Shapiro’s lack of title to the certificate. City Bank seasonably excepted to the denial of its request to limit the use of the testimony, made when the testimony was given and also later renewed. Exception was also taken to the testimony that Shapiro was a disbarred lawyer and to Foley’s testimony about Shapiro’s statement that he was a diamond merchant. This statement was not made until after the first $30,000 had been withdrawn from the checking account. It was not shown that City Bank officers knew, prior to any of Shapiro’s withdrawals of cash from the bank account, (1) about the matters discussed by Shapiro and Goldman and by Goldman and his banker, (2) that Shapiro had made the $1,500 loan, or (3) that Shapiro was a disbarred lawyer. City Bank objected to all the testimony described above on the ground that it referred to matters which took place, or became known to City Bank, only after credit had been extended to Shapiro. If this testimony was not admissible on the issue of City Bank’s good faith, the harm was not removed by the charge. Indeed, the judge specifically mentioned Goldman’s effort to obtain a loan from the Middlesex County National Bank and Shapiro’s loan to Goldman as factors at least indirectly bearing upon City Bank’s “innocence and title to that bond.”
