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FRAUD IS CLAIMED IN BANKING LOSS Facchina Sues International Exchange Receiver and Schiavone Estate. Claiming he was defrauded of $4,770.50 by the International Exchange Bank before it went into receivership, Charles Facchina, 1215 Quincy street northeast, filed suit in District Supreme Court yesterday against the receiver for the bank and the local executors of the estate of the institution's former president. Facchina says that on March 13, 1931, Joseph Schiavone, then president of the bank, persuaded him to buy 400 shares of stock in the bank for $5,000. He gave the bank a note for $5,000, the suit says, and the bank credited his account with a like amount. Then he drew a check for $5,000 on his account in favor of the bank. Claims Guaranty Given. He said Schiavone guaranteed him against loss and promised to take up the stock at any time for the same price he paid for it. Facchina says, however, that the bank was to hold the stock until the note was paid in full. When the note came due on June 13, 1931, Facchina, according to his petition, asked Schiavone to pay it. The latter paid $229.40 and had Facchina sign a new note for $4,770.50. When this note came due, the suit says, Schiavone paid the interest and renewed it for another three months. Before the next due date, Schiavone died. On December 8, 1931, according to the suit, the note again became due and Facchina refused to pay or renew it. He said he was told the matter would be taken care of by the bank. On March 7, 1932, however, he says he was again called upon to pay the note. Facchina said his signature on this new note is genuine, but that he does not know how the bank obtained it. He denies signing any new note and says he never had any intention of renewing it after December 8, 1931. Later, he says, he conferred with an attorney and decided to pay the note, only to discover that the stock had never been set aside for him and was not available. R. F. C. Accepted Note. Sometime after the bank went into receivership Facchina says he learned the Reconstruction Finance Corporation had accepted the note for security for a loan to the bank and that he would have to pay it. He asked the court to impress a lien for $4,770.50 in his favor on the assets now in the hands of the bank's receiver. He also contends he has a claim against the estate of Schiavone. The suit names J. T. Dinger as receiver and Hilleary L. Offutt, jr., and Thomas H. Patterson as the executors. Facchina is represented by Attorney Joseph A. Rafferty.