
    [Coos,
    June, 1882.]
    Towne & a. v. Lancaster Starch Co. & a.
    
    In Equity. Facts found by the court.
    
      Bay, Brew ¿f Jordan, Bingham, Mitchells ¿f BatcheUor, and Bingham <f Aldrich, for the plaintiffs.
    
      W. 3. Beywood and Ladd cf Fletcher, for the defendants.
   Doe, C. J.

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 he a creditors’ suit, and it was subsequently settled by the parties.  