Opinion
Decided June, 1882.
IN EQUITY. Facts found by the court.
Ray, Drew Jordan, Bingham, Mitchells Batchellor, and Bingham Aldrich, for the plaintiffs.
W. H. Heywood and Ladd Fletcher, for the defendants.
By agreement of parties or further trial, there should be a distinct determination of the question whether this is a creditors' bill for the enforcement of the personal liability of stockholders, or a stockholders' bill prosecuted in the name of creditors.
STANLEY, ALLEN, and CARPENTER, JJ., did not sit: the others concurred.
On a further hearing of the case at the trial term it was found to be a creditors' suit, and it was subsequently settled by the parties.