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AMERICAN
LAW REPORTS

ΑΝΝΟΤΑΤED
VOL. 4

FRANK W. HILL, County Treasurer, Appt.,

V.

W. M. KAVANAUGH et al.

Arkansas Supreme Court - April 5, 1915.

(118 Ark. 134, 176 S. W. 336.)

Subrogation - right of one with unclean hands.

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.

2. Upon appeal from a judgment upen a verdict resulting from a peremptory instruction, all doubt as to conflicting evidence must be resolved in favor of the court's finding, where both parties ask peremptory instructions without requesting submission of issues to the jury.

[See 2 R. C. L. 198.]

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4 A.L.R.-1.

Bank - change in form of account.

4. The surrender by a county treasurer of a bank pass book in which an account stands in his name as treasurer, 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 equivalent to the drawing of the money and redepositing it.

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(Kirby, J., dissents.)

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