314 HIGH COURT OF CHANCERY.

supported. It by no means follows, that because tolls are paid
at the rate of ten per cent. on the capital stock, that, therefore,
it would be just to charge the road ten per cent. on cash bal-
ances due from it. Out of the tolls the expenses of the road
are to be paid; and it may very well happen, that when they
are defrayed, much less than six per cent. would remain for the
stockholders.

I do not think the charge in the same account of $1,350, can
be supported. That sum appears to me, from the evidence, to
have been placed in the hands of the complainant, as the agent
of Patrick T. Jackson, mentioned in the receipt of C. D. Wil-
liams, of the 19th of September, 1828.

It also appears to me, that the sum of $1,350, charged to the
complainant in the account marked I. I., is identical with the
sum charged in the rail road account, and is thus twice charged,
when, as I think, from the proof now before me, it should not
have been charged at all.

With regard to the sum of $2,353 33, charged to the com-
plainant in the account I. I., being for money, the property of
the defendant, paid by the complainant, in the purchase of land
from Mr. Herbert and Mr. Worthington, the plaintiff has not
succeeded in satisfying me that the charge is erroneous.

It is very clear, I think, that even if the charter of the Sav-
age Manufacturing Company authorized them to purchase and
bold these lands, that the mode in which the complainant, ac-
cording to his own showing, procured the assent of the stock-
holders, conferred upon him no power thus to use the corpo-
rate funds. And, moreover, when the complainant petitioned
for the benefit of the insolvent laws, in the spring of 1843, he
returned Mr. Worthington, as one of his creditors, for lands
purchased. Now, although this was at a period prior to the
full restoration of the complainant to health, in mind and body,
and although I am pursuaded, that his mind was at that time
enfeebled, and, perhaps, unfitted to investigate and understand
accounts of a complicated nature; yet, I am far from thinking
he could not comprehend the simple proposition, whether this
debt due Mr. Worthington, was due from him or from the Sav-
age Factory.