Matteson

This action is to recover $1,050 as money had and received. The appeal is from an order granting a nonsuit and from an order denying a motion for a new trial. The appeal comes here on a bill of exceptions.

The appellant was duly organized under the laws of the state of California, a corporation by the name of Archibald Estate. On Juné 4, 1904, the board of directors organized and elected J. P. Archibald president, and on that day passed and recorded in the minutes of the board the following resolution : “Resolved, That the President of this corporation be and he is authorized, empowered and directed to draw from any bank or person or corporation in which may be deposited any of the money or funds of this corporation upon his own signature and request, and the signature of the secretary shall not be necessary to draw said money or funds.”

The answer of defendant specifically denies owing the plaintiff anything and .claimed upon the trial and argues in his brief that his transaction out of which he received the $1,050 was had with J. P. Archibald individually, and not with the appellant. It appears from the evidence that th« property, real and personal, including money, and funds…