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Charles W. Copeland, who sues on behalf of himself and all other stockholders of the Saratoga Gas Light Company, similarly situated v. The Citizens' Gas Light Company, impleaded with the Saratoga Gas Light Company
Per Curiam.
The lease was invalid, and the action properly brought by a stockholder, on behalf of himself and other stockholders. The justice committed no error
[78] in refusing to adjust the equities between the two defendants, as they were not embraced in the pleadings containing the issues which were tried, and they may be the subject of another action. t [Third Department, General Term, at Schenectady, November 14,1871. Judgment affirmed, with costs.
Miller, P. J., and Parker and Daniels, Justices.]