1. A county treasurer who, in order to profit by the interest on public money on deposit in a bank, has the account changed to his individual name, cannot, by changing the account back to a public one, just prior to the insolvency of the bank, enforce the statutory liability against stockholders under the doctrine of subrogation, after making good the loss to the public by the bank's failure, because the equitable doctrine of subrogation cannot be enforced by one having unclean hands.

[See note on this question beginning on page 44.]

Appeal - peremptory instruction duty as to conflict of evidence.

Bank change in form of account.
4. The surrender by a county treas-
urer of a bank pass book in which an
account stands in his name as treas-
urer, and the change of the form of
the account on the bank books to an
individual one, and the issuance of a
new pass book in that form, are equiv-
alent to the drawing of the money and
redepositing it.

(Kirby, J., dissents.)