the bank was, within the knowledge of its officers, hopelessly and irretrievably insolvent. These deposits it sued for as not general, but special deposits, for which the bank and the receiver were accountable to it, not as debtor, but as trustee. In support of this affirmative claim it was alleged that all of the deposits which it had made with the bank in December, 1930, especially those of December 27 and 29, were made on the faith that it was solvent, induced by the continued representations and holding out of its officers that it was; that on that day when it made the deposits which have resulted in the credit balance in its favor, the bank was hopelessly and irretrievably insolvent, and known to its officers to beso; that the deposits it made on December 27 and 29 went into the bank, and have passed into the hands of the receiver, not as assets of the bank but as the property of the company.
*148 Upon issue joined, it was shown without dispute, that the pledge agreement was made in good faith while the bank was solvent, and that, by its making, the bank secured the continuance with it of the deposits of the company. It was also shown in the same way, that for the greater part of the year 1930 the bank had been in straitened circumstances, which had compelled it to make heavy borrowings from the Federal Reserve Bank, and other shifts from time to time, to supply the needs of its customers,