The opinion
Brown, J.
(concurring specially).' — We held in the Cooney case, cited in the above opinion, that the plaintiff could recover on the common counts for money borrowed for an
authorized purpose
— the maintenance of the schools— although previous loans had not been paid, — on the ground that there was no express
prohibition.
But is the incurment of a contingent obligation to pay attorney’s fees
an authorized
school maintenance purpose which the board has authority to incur debt for? I think not. Otherwise, I concur in the foregoing opinion.