Borel

This is an appeal from a judgment of non-suit. Clearly the evidence does not support the first count for money loaned to the company. The resolution appropriating a sum “not exceeding thirty ’thousand dollars.” “from the first proceeds of the Fellows Mine,” to reimburse the amount expended by Franconi in improving and developing the mine, can, at most, only be regarded as admitting an indebtedness payable out of the first proceeds of the mine, and the whole admission must be taken together. There is no evidence to show that the sum due was otherwise payable. But the resolution only appropriates a gross sum not exceeding the amount mentioned for the purpose designated, without pretending to aver that the full amount specified was actually due. The subsequent resolution of the stockholders introduced in evidence after reciting that the company “is indebted to L. Franconi for building a mill and improving the mine,” authorizes the appointment of an agent to examine and report to the stockholders as to the condition of the mill and appurtenances and make and return an inventory of the *230 property, etc., and authorizes the trustees to accept the same — ■ the mill evidently — and to…