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§ 986. When the property of the corporation is insufficient to discharge its debts, the court may compel each stockholder to pay any amount, that may remain unpaid, on the shares of stock held by him, or so much thereof, as is necessary to satisfy the debts, and when the officers or stockholders are personally liable for the debts, and the property of the corporation, together with the amount unpaid on the stock, is insufficient to discharge its debts, the court may compel contribution from the officers or stockholders, who may be liable to satisfy the balance of the debts, from each according to his liability.

§ 987. In any proceeding, pursuant to this chapter, to close the affairs of a corporation, the court may, on application of a stockholder, officer or creditor, restrain further proceedings by any creditor, in an action against the corporation, so far as may be proper, in order to prevent the waste of the funds by unnecessary litigation; and may by a notice, served or published as the court may direct, require all creditors to present and prove their claims, or become parties to the action, within a reasonable time, or be precluded from the benefit of any distribution, which may be made before such claim is proved.

§ 988. An action against a corporation, created by, or under the laws of, any other state, government or country, and having property in this state, or an agency established therein, may be brought in the supreme court, the superior court of the city of New-York, or the court

of common pleas of the city of New-York, in the follow

ing cases:

1. By a resident of this state, for any cause of ac

tion:

2. By a plaintiff not a resident of this state, when the contract, on which the action is brought, was made or delivered in this state, or when any other cause of action has arisen, or the subject of the action is situated, within this state.

Amended Code, § 427.

CHAPTER VI.

ACTIONS BY OR AGAINST EXECUTORS, ADMINISTRATORS, LEGATEES,

SECTION 989. 990.

HEIRS OR DEVISEES.

A cause of action for injury to person does not survive.
Other causes of action do survive.

991. When death ensues an injury.

992. Representatives regarded as one person.
993. Assets not presumed on failure to answer.

994. Statute of limitations in case of death.

995. Executor of executor not to sue, as such

996. Real property of deceased not affected by judgment against executors, and cannot be sold thereon.

997. Effect of inventory as evidence.

998. Executor in his own wrong not liable.

993. Next of kin who have received distribution, liable for debts.

1000. Each liable for the whole amount received.

1001. Next of kin may compel contribution.

1002. Legatees, when liable for debts.

1003. Costs in action against next of kin and legatees.

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SECTION 1013. Real property inherited covered by the judgment. 1014. When heirs or devisees personally liable.

1015. Contribution among heirs or legatees.

1016.

Devisees and heirs not liable when there are assets.

1017. Liable for deficiency only.

1018. When debts have been expressly charged.

1019. Devisees subject to action, same as heirs.

1020. After born child provided for.

1021. Witness to will who is devisee.

§ 989. A cause of action, arising out of an injury to the person, dies with the person of either party, except as provided in section 991.

§ 990. All other causes of action, by one against another, whether arising on contract or not, survive to the personal representatives of the former, and against the personal representatives of the latter. Therefore the executors or administrators may maintain the action against the party, against whom the cause of action accrued, or after his death against his representatives.

§ 991. When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter, for an injury caused by the same act or omission. But the action must be commenced, within two years after the act or omission, by which the death was caused; the damages thereon cannot exceed five thousand dollars; and the amount recovered is to be for the exclusive benefit of the widow and next of kin, to be dis[CIVIL CODE.]

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tributed to them in the same proportions as the personal property of a deceased person.

992. In an action against several executors or administrators, they are all considered as one person representing their testator or intestate, and judgment may be taken, and execution issued against all who are named as defendants in the summons, although it be served only on part of them, in the same manner as if served on all, except as provided in the next section.

§ 993. When a judgment is taken against an administrator or executor upon failure to answer, it is not to be deemed evidence of assets in his hands, unless it appear that the complaint alleged assets, and was personally served on him.

§ 994. The time which shall have elapsed between the death of a person, and the granting of letters testamentary or of administration, on his estate, not exceeding six months, and the period of six months after the granting of such letters, are not to be deemed any part of the time limited for the commencement of actions, by executors or administrators.

§ 995. An executor of an executor, has no authority as such to commence or maintain an action or proceeding, relating to the property of the testator of the first executor, or to take any charge or control thereof.

§ 996. The real property, which belonged to a deceased person, is not bound, or in any way affected, by a judgment against his executors or administrators, nor liable to be sold, by virtue of an execution issued upon such judgment.

§ 997. In an action against executors or administrators, in which the fact of their having administered the estate of their testator or intestate, or any part thereof, comes in issue, and the inventory of the property of the deceased, filed by them is given in evidence, the same may be repelled by evidence:

1. That any property has been omitted in such inventory, or was not returned therein at its full value:

2. That such property has perished or been lost, without the fault of such executors or administrators; or that it has been fairly sold by them at private or public sale, at a less price than the value so returned; or that, since the return of the inventory, such property has deteriorated or increased in value. In such action, the defendants cannot be charged for any things in action, specified in their inventory, unless it appear that they have been collected, or might with due diligence, have been collected.

§ 998. No person is linble to an action as executor of his own wrong, for having taken, received, or interfered with, the property of a deceased person; but is responsible to the executors, or general or special administrators, of such deceased person, for the value of all pro

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