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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.
(Kirby, J., dissents.)