In none of these cases, however, was the deceased party a necessary party to the cause of action held to survive. The principle of the section was applied in the case of Lemon v. Smith ( 20 App. Div. 523). In that case the deceased party was held only to be a proper party and not a necessary party to the plaintiff's cause of action. If these fellow-stockholders be necessary parties to the cause of action against the other stockholders I cannot read in that section any authority to proceed without their representatives, providing such representatives be within the jurisdiction of the court.