NAME. One or more words used to dis tinguish a particular individual: as, Socrates, Benjamin Franklin.
2. Names are Christian, as Benjamin, or surnames, as Franklin. One Christian name only is recognized in law, 1 Ld. Raym. 562 ; Bacon, Abr. Misnomer (A) ; though two or more names usually kept separate, as John and Peter, may undoubtedly be conapounded, so as to form in contemplation of law but one. 5 Term, 195. A letter put between the Christian and surname as an abbreviation of a part of the Christian name, as John B. Peter son, is no part of either. 4 Watts, Penn. 329 ; 5 Johns. N. Y. 84 ; 14 Pet. 322 ; 3 id.
7 ; 2 Cow. N. Y. 463 ; 17 Ala. N. s. 179 ; 10 Miss. 391 ; Coke, Litt. 3 a; 1 Ld. Raym. 562 ; Viner, Abr. Misnomer (C 6, pl. 5, 6) ; Comyns, Dig. Indictment (G 1, note u) ; Willes, 654 ; Bacon, Abr. Misnomer and Addi tion ; 3 Chitty, Pract. 164, 173. But see 7 Watts & S. Penn. 406 ; 19 Ohio, 423 ; 1 Swan, Tenn. 162. As to the use of junior and senior, see 1 Pick. Mass. 388 ; 2 Caines, N. Y. 165 ; 9 N. II. 519 ; 22 Me. 171 ; 8 Conn. 280.
3. In general, a corporation naust contract and sue, and be sued, by its corporate name.
8 Johns. N., Y. 295 ,• 14 id. 238 ; 19 id. 300 ; 4 Rand. Va. 359. Yet a slight alteration in stating the name is unimportant if there be no possibility of mistaking the identity of the corporation suing. 12 La. 444. See 20 Me.
41 •, 2 Va. Ca,s. 362 ; 16 Mass. 141 ; 12 Serg. & 111. Penn. 389.
The real name of a party to be arrested must be inserted in the warrant, if known, 8 "ast, 328 ; 6 Cow. N. Y. 456 ; 9 Wend. N. Y. ;.,20 ; if unknown, some description must be ;iven, 1 Chitty, Crim. Law, 39, 40, with the eason for the omission. 1 Mood. & M. 281.
4. As to mistakes in devises, see LEGACY. As to the use of names having tbe same sound, see ICEM SONANS. As to the effect of using a name having the same derivation, see 2 Rolle, Abr. 135 ; 1 Wash. C. C. 285, As to the effect of a change of name, see 1 Roper, Leg. 102; 3 Maule & S. 453 ; 10 Mass. 78.
When a person uses a name in making a contract under seal, he will not be permitted to say that it is not his name : as, if he sign and seal a bond " A and B" (being his own and his partner's name), and he had no au thority from his partner to make such a deed, he cannot deny that his name is A and B. 1 T. Raym. 2 ; 1 Salk. 214. And if a man describes himself in the body of a deed by the name of James, and signs it John, he cannot, on being sued by the latter name, plead that his name is James. 3 Taunt. 505 ; Croke Eliz. 897, n. a. See 3 Perr. & D.271; 11 Ad. & E. 594.