into execution, and that an account may be taken of the personal estate and effects of the said testatrix, and of the rents and profits of her real estate, and of the moneys arising from the sale thereof (if any have been made) which have come to the hands of the said administrator, or to the hands of any other person or persons, by his order or for his use; and also an account of the debts, legacies and funeral expenses of the said testatrix; and that the real estate may be sold by and under the direction of this honorable court, and that the proceeds thereof, together with the personal estate, may be applied in due course of administration to the payment of all just debts and legacies, as provided and directed in and by said will; and that a receiver may be appointed to take charge of the said real and personal estate of the said Mary McKay, deceased, with the usual powers of receivers in such cases, and that the plaintiffs may have such other and further relief as to the court shall seem meet and agreeable to equity. STEVENS, EDWARDS & MEADS, (No. 81.) By a creditor of a corporation that has been insolvent for more than a year, to charge the directors, individually, under §§ 3 and 4, chap. 361, Laws of 1831; praying that such corporation may be declared to have been so dissolved, and that said directors, individually, pay the debt. SUPREME COURT-WASHINGTON COUNTY. Samuel T. Tisdale Jonathan S. Beach, Frederic D. Hodgman, The complaint of Samuel T. Tisdale, plaintiff, against the defendants abovenamed, respectively states, that heretofore, on the 4th day of June, 1846, a corporation, known and distinguished as The Hudson River Iron and Machine Company, was duly organized, under and by virtue of the provisions of an act entitled "An act relative to incorporations for manufacturing purposes," passed March 22d, 1811, located at Fort Edward in said county, the object whereof was manufacturing iron and other articles, the 1 The action was originally commenced against the above defendants, and the corporation, The Hudson River Iron and Machine Co.; and the complaint did not allege that the company had remained insolvent and suspended business for one whole year. The defendant demurred for improper joinder of parties, and that the complaint did not state facts, &c.; and the demurrer was sustained at Special Term mainly on the latter ground, with liberty to amend by striking out the company as a defendant, and this decision affirmed by the General Term of the 4th District. The precedent is now framed according to that decision, the name of the company as defendant being omitted, and the allegations in italics, on page 343, added. capital stock of which was $13,000, divided in 130 shares of $100 each. That on the 17th of August, 1853, the said Hudson River Iron and Machine Company, at the city of NewYork, purchased of the plaintiff certain Scotch pig iron, of the value of $2,030, for and in consideration of which they then and there made and delivered to the plaintiff their promissory note in writing, under the hand of Simeon Mears, their duly authorized treasurer, for the sum of $2,030, whereby, six months after date, for value received, they promised to pay to the order of S. Mears $2,030, at the Bank of Fort Edward, and which note was then and there duly endorsed by the said Mears, and delivered to the said plaintiff. That about the time of the maturity of said note, to wit, on the 18th day of February, 1854, the said The Hudson River Iron and Machine Company, at the city of NewYork, in consideration of said purchase of said iron, and in part renewal of said note, then and there made and delivered to the said plaintiff their promissory note in writing, under the hand of Simeon Mears, their duly authorized treasurer, for the sum of $1,015, whereby three months after date, for value received, they promised to pay to the order of S. Mears $1,015, with interest, at the Bank of Fort Edward, and which note was then and there duly indorsed by the said Mears, and delivered to the said plaintiff. And the said plaintiff further states, that the said note, bearing date the 18th day of February, 1854, and payable three months after date at said Bank of Fort Edward, was not paid at maturity, or any part thereof, and he caused an action to be brought, to recover the amount thereof, in the Supreme Court, in his favor as plaintiff against the said corporation as defendant, and such pro ceedings were thereupon had, that on the 11th day of August, 1854, judgment was duly recovered, in favor of said plaintiff against said defendant, for $1,097.04, damages and costs, and the roll thereof was, on that day, duly signed and filed, and such judgment docketed in the office of the clerk of the county of Washington; that thereafter, and on the 11th day of August, 1854, an execution was duly issued to the sheriff of said county of Washington, directing him to levy the amount of said judgment, with interest from the recovery thereof, as aforesaid, of the personal property of the defendant, and if sufficient could not be found, then out of the real property belonging to said defendant on the day the judgment was docketed as aforesaid, or at any time thereafter; that said execution was subsequently, and on the 14th day of September, 1854, or thereabouts, duly returned by said sheriff to the clerk's office aforesaid, wholly unsatisfied. [The complaint here set out various other demands; and the recovery, in like manner as above, of judgment, issuing and return of execution, &c.] And the said plaintiff further states that said judgments, and each and every of them, still remain in full force, wholly unpaid and unsatisfied. And the said plaintiff further states, that the said corporation, immediately after its formation, as aforesaid, commenced the business for which it was incorporated, and continued such business till the 25th day of May, 1854, when it was, and ever since has been and now is, wholly insolvent, and unable to pay its just debts and liabilities, and its business thereupon wholly ceased. And he further states, that said corporation has not, since said 25th day of May, aforesaid, done any manufacturing business whatever, but, on the contrary, ceased the same entirely, and was then, and now is, totally insolvent. That the said corporation, by the facts aforesaid, became and was dissolved, at the time last aforesaid. That said corporation has remained wholly insolvent for one whole year immediately preceding the commencement of this action, and for one year immediately preceding the commencement of this action has neglected and refused to redeem its notes and other evidences of debt in specie or other lawful money of the United States, and has, for one year immediately preceding the commencement of this action, suspended and entirely ceased the ordinary business as such incorporation, and has, for one year immediately preceding the commencement of this action, entirely ceased all business of said incorporation. And he further states, that when the said indebtedness was contracted to the said plaintiff, and every part thereof, the said defendants, Jonathan S. Beach, Frederic D. Hodgman, Daniel W. Wing, Russell W. Pratt and Simeon Mears, were the trustees and directors of said corporation, and continued so to be till long after the whole thereof had been contracted; and that when the said indebtedness was contracted, the total amount of the debts of said corporation, at that time owing by said corporation for deposits, or bond, bill, note or other contract, over and above the actual deposits with the said company, exceeded three times the amount of the capital stock of said corporation, actually paid in; and the persons last aforesaid, at the time last aforesaid, were the directors, under whose administration the same happened, as last aforesaid, and did not, nor did either of them, cause their or either of their dissent to be entered at large on the minutes of the said board of directors at the time the same happened, and were each and every of them present at the time the same did happen, as last aforesaid; that such debts, so then owing as last aforesaid, amounted, |