
    POLK et al. v. MUTUAL RESERVE FUND LIFE ASS’N OF NEW YORK et al.
    (Circuit Court of Appeals, Second Circuit.
    October 28, 1908.)
    No. 1.
    Appeal from the Circuit Court of the United States lor the Southern District of New York. See, also, 137 Fed. 273.
    Russell & Winslow (D. L. Snodgrass, Caruthers Ewing, and R. F. Jackson, of counsel), for appellants.
    George Burnham (Frank R. Lawrence, Frank H. Platt, and Gordon T. Hughes, of counsel), for appellee.
    Before LACOMBE, COXE, and WARD, Circuit Judges.
   PER CURIAM.

The defendant corporation having been dissolved, actions pending against it would, in the absence of statutory provision, abate. No statute in New York in’events this; but, if the cause of action survive the dissolution, it is provided that the action may, by appropriate proceedings, be continued against- the receiver. We are, however, of the opinion that practically the same relief prayed for in this action was granted in the action in which the corporation was dissolved and receivers appointed, and that the action did not survive. Motion requiring receivers to he made parties denied. Submitted without argument.  