20. Assignees of a mere personal contract cannot, in general, be sued ; of covenants run ning with the realty may be, for breach after assignment, 2 Saund. 304, n. 12 ; Woodfall, Landl. & Ten. 113 ; 1 Fonblanque, Eq. 359, n. y; 3 Salk. 4; 7 Term, 312 ; 1 Dall.Penn.210, but not after an assignment by him. Bacon, Abr. Covenant (E 4). See, on this subject, Bouvier, Inst. 162.
Assignees of bankrupts cannot be sued as such at law, Cowp. 134; Chitty, Plead. 11, n. (f).
Bankrupts after discharge cannot be sued. An insolvent after discharge may be sued on his contracts, but his person is not liable to arrest in a suit on a debt which was due at the date of his discharge. Dougl. 93 ; 8 East, 311 ; 1 Saund. 241, n. 5 ; Ingalls, Insolv. 377.
See CONFLICT OF LAWS ; BANKRUPTCY ; IN SOLVENCY.
Corporations must be sued by their true names. 7 Mass. 441 ; 2 Cow. 778 ; 15 Ill. 185 ; 4 Rand. Va. 359 ; 2 Blatehf. C. C. 343. The suit may be brought in the United States courts by a citizen of a foreign state. 2 How. 497. Assumpsit lies against a corporation aggregate on an express or implied promise, in the same manner as against an individual.
Halst. N. J. 182; 3 Serg. & R. Penn. 117 ; 4 id. 16 ; 12 Johns. N. Y. 231 ; 14 id. 118 ; 7 Cranch, 297 ; 2 Bay, So. C. 109 ; 10 Mass. 397; 1 Aik. Vt. 180; 9 Pet. 541 ; 3 Dail. Penn. 496 ; 1 Pick. Mass. 215 ; 2 Conn. 260 ; 5 Q. li. 547.
21. Executors and administrators of a de 3eased contractor or the survivor of several joint contractors may be sued, Hammond, Part. 156; but not if any of the original con tractors survive. P. A. Browne, Penn. 31; 6 Berg. & R. Penn. 272 ; 2 Wheat; 344.
The liability does not commence till pro bate of the will. 2 Sneed, Tenn. 58. The executor or administrator de bonis non of a deceased person is the proper defendant. Broom, Part. 197.
The liability is limited by the amount of assets, and does not arise on subsequent breach of a covenant which could be per formed only by the covenantor. Broom, Part. 118. They, or real representatives, may be parties, at election of the plaintiff', where both are equally liable. 1 Lev. 189, 303.
Foreign governments cannot be sued to en force a remedy, but may be made defendants to give an opportunity to appear. 14 How.
Pract. Rep. 517.
Heirs may be liable to suit under the an cestor's covenant, if expressly named, to the extent of the assets received. Broom, Part. 118 ; Platt, Cov. 449.
Husband may be sued alone for breach of joint covenant of himself and wife, 15 Johns. N. Y. 483 ; 17 How. 609, and must be on a mere personal contract of the wife made during coverture, Comyns, Dig. Pleader (2 A 2) ; 3 W. Raym. 6 ; 1 Lev. 25; 8 Term, 545 ; 2 Bos. & P. 105 ; Palm. 312 ; 1 Taunt. 217 ; 4 Price, Exch. 48 ; 16 Johns. N. Y. 281, even if made to procure necessaries when living apart, 6 Watts & S. Penn. 346 ; may be on a new promise for which the consideration is a debt due by the wife before marriage, AI. 72 ; 7 Term, 348 ; but such promise must be express, Broom, Part. 174, and have some additional considerations, as forbearance, etc., 1 Show. 183 ; 11 Ad. & E. 438, 451 ; on lease to both made during coverture, Comyns, Dig. Baron & F. (2 B) ; on lease to wife dum sola, for rent accruing during coverture, or to wife as executrix, Broom, Part. 178 ; Comyns, Dig. Baron & F. (T) ; 1 Rolle, Abr. 149 ; not on wife's contracts dum sola after her death, 3 Mod. 186 ; Rep. temp. Talb. 173 ; 3 P. Will. Ch. 410, exoept as administrator. 7 Term, 350 ; Croke Jac. 257 ; 1 Catnpb. 189, n. .
He is liable, after death of the wife, in cases where he might have been sued alone during her lifetime.
22. Idiots, lunatics, and non-compota mentis, generally, may be sued on contracts for necessaries. 2 Mees. & W. Exch. 2. See APPEARANCE.
Infants may be sued on their contracts for necessaries. 10 Mees. & W. Exch. 195 ; Mac pherson, Inf. 447. Ratification in due form, 11 Ad. & E. 934, after arriving at fill' age, renders them liable to suit on contracts made before.
Partner is not liable to suit by his co partners. A sole ostensible partner, the others being dormant, may be sued alone by one contracting with him. Broom, Part. 172.
Survivor of two or more joint contractors must lyri sued alone. 1 Saund. 291, n. 2 ; Carth. 105 ; 2 Burr. 1196. A sole surviving partner may be sued alone. Chitty, Pl. 152, note d ; 1 Barnew. & Ald. 29.