[1] Appeal—Verdict—When Conclusive.—A verdict, if supported at ail "by evidence setting out a reasonably credible story, is conclusive on appeal.

[2] Banks and Banking—False Entries—Penalties.—It is a crime for any officer, director, trustee, or agent for any bank organized under the laws of this state to make an untrue entry in any book or any report, tag, or statement of the business affairs or conditions, in whole or in part, of such corporation with intent to deceive any agent or examiner, private or official, employed or lawfully appointed to examine into its condition; and every such officer or agent who, with intent to defraud, knowingly omits to make or cause or direct to be made a full and true entry on the books or accounts of such corporation of the property thereof, or omits or concurs in omitting to make any material entry in any book of accounts or records or document kept by such corporation, is punishable by imprisonment; and even in the absence of any penal statute any such conduct would be a fraud on the creditors and depositors, and any person participating or conniving at such concealment or deceit by the bank officials would be tainted with the same fraud.

2. Civil liability of bank director for making false report or statement as to bank’s condition, note, 4 Ann. Cas. 426.

[3] Id. — Delivery of Securities to Cover Overdraft —• Misrepresentation to Bank Examiner.—Where the owner of securities delivered them to a hank, to cover overdrafts made by his brother upon the bank while the books of the bank were being examined by the bank examiner, the transaction being for the purpose of deceiving the bank examiner as to the bank’s financial condition, public policy forbids that the courts should aid the owner of the securities in recovering them.

[4] Contracts—Public Policy—Belief.—A contract which is against public policy, good morals, or the express mandate of law cannot be made the basis of either legal or equitable relief in the courts; and where the parties are in pari delicto, neither can recover, it being the policy of the law to leave the parties precisely where it finds them.

[5] Action on Promissory Note—-Conversion of Mortgaged Property— Defense Seeking Beturn of Securities — Fraudulent Transaction—Belief.-—-In an action on a promissory note executed by defendant to plaintiff and for the conversion of certain personal property covered by a mortgage assigned by defendant to plaintiff, in which defendant affirmatively seeks to recover the note and mortgage and other securities on the ground that they were assigned for a limited and temporary use, where the plaintiff stated and made prima facie proof of a good cause of action, ■but defendant pleaded and proved by way of defense facts which showed not only that the note and assignments were given without consideration, but for the purpose of perpetrating a fraud under the banking laws of this state, neither party can recover.

[6] Id.—Violation of Penal Laws by Officers of Bank—Participation in by Other Party.—The fact in such a case that only the plaintiff is amenable to the penal statutes does not prevent the defendant from being in pari delieto as to the fraud and deceit involved.

[7] Id.—Fraudulent -Contract—Proof of.-—In such a case it is immaterial whether the facts showing the unenforceable nature of the contract appear from the pleadings or not; where the evidence discloses the relations of the parties to the transaction are illegal and against public policy, the court will act -on its own motion.