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. *Page 695