Civil death occurring in case of an out law, an attainted felon, or one sentenced to imprisonment for life, incapacitates the per son for suing as plaintiff during the continu ance of the condition; Broom, Part. 85. Sentence as above, during suit, abates it ; O'Brien v. Hagan, 1 Duer (N. Y.) 664; but the right to sue is suspended only; Broom, Part. 85.
Corporations may sue in their true corpo rate name, on contracts made in their be half by officers or agents ; Garland v. Rey nolds, 20 Me. 45 ; Dicey, Part. 276 ; Krell Piano Co. v. Kent, 39. W. Va. 294, 19 S. E. 409; as a bank, on a note given to a cashier; Commercial Bk. v. French, 21 Pick. (Mass.) 486, 32 Am. Dec. 280. A suit against a direc tor for his secret profit's on a sale to the com pany is properly brought by the company and not by its stockholders ; Yale Gas S. Co. v. Wilcox, 64 Conn. 101, 29 Atl. 303, 25 L. R. A. 90, 42 Am. St. Rep. 159.
The name must be that at the time of suit ; Morgan v. Ins. Co., 3 Ind. 285; Porter v. Nekervis, 4 Rand. (Va.) 359; with an averment of the change, if any, since the making of the contract ; Ready v. Tuska loosa, 6 Ala. 327; Madison College v. Burke, id. 494; even though a wrong name were used in making the contract; Berks & Dauphin T. Road v. Myers, 6 S. & R. (Pa.) 16, 9 Am. Dec. 402; Medway Cotton Manu factory v. Adams, 10 Mass. 360. •See NAME.
If the corporation be a foreign one, proof of its existence must be given ; Bank of Augusta v. Earle, 13 Pet. (U. S.) 519, 10 L. Ed. 274 ; Michigan Bank v. Williams, 5 Wend. (N. Y.) 478; Portsmouth Livery Co. v Watson, 10 Mass. 91; Bank of Ala. v. Simonton, 2 Tex. 531; Bank of Edwardsville v. Simpson, 1 Mo. 184. See Dodge v. Tulleys, 144 U. S. 451, 12 Sup. Ct. 728, 36 L. Ed. 501.
Executors and adnanistrators, in whom is vested the legal interest, are to Sue on all personal contracts; 5 Term 393; see Bushel v. Ins. Co., 15 S. & R. (Pa.) 183; or cove nants affecting the realty but not running with the land ; 2 H. Bla. 310; and on such covenants running with the land, for breach during the decedent's lifetime occasioning special damage; Van Rensselaer's Ex'rs v. Platner's Ex'rs, 2 Johns. Cas. (N. Y.) 17. They must sue, as such, on causes accruing prior to the death of the decedent ; 1 Saund. 112; Corn. Dig. Pleader (2 D 1); Winning ham v. Crouch, 2 Swan (Tenn.) 170; and as
such, or in their own names, at their elec tion, for those accruing subsequently; Mc Donald v. Williams, 16 Ark. 36; and upon contracts made by them in their official capacity ; Goodman v. Walker, 30 Ala. 482, 68 Am. Dec. 134; Claiborne v. Yeoman, 15 Tex. 44; in their own names only, in some states; Halley v. Wheeler, 49 N. C. 159.
On the death of an executor, his executor, or administrator, if he die intestate, is the legal representative of the original decedent ; 7 M. & W. 306; Smith v. Pearce, 2 Swan (Tenn.) 127; 2 Bla. Corn. 5061 unless altered by statute.
Foreign governments, whether monarch ical or republican ; Mexico v. De Arangoiz, 5 Duer (N. Y.) 634; if recognized by the ex ecutive of the forum ; Gelston v. Hoyt, 3 Wheat. (U. S:) 324, 4 L. Ed. 381; see Rose v. Himely, 4 Cra. (U. S.) 272, 2 L. Ed. 608; 9 Ves. 347; may sue; Delafield v. Illinois, 26 Wend. (N. Y.) 212.
Husband must sue alone for wages accru ing to the wife, for the profits of business carried on by her, or money lent by her dur ing coverture ; 2 W. BL 1239 ; Avogadro v. Bull, 4 E. D. Sm. (N. Y.) 384; and see 1 Maule & S. 180; for slanderous words spoken of the wife which are actionable only by rea son of special damage; 2 Du. 633; on a fresh promise, for which the consideration was in part some matter moving from him renewing a contract made with the wife, dun& sold; 1 Maule & S. 180; and see Steward v. Chance, 3 N. J. L. 827; for a legacy accruing to the wife during coverture ; Hapgood v. Hough ton, 22 Pick. (Mass.) 480; and as adminis trator of the wife to recover chattels real and personal not previously reduced into pos gession ; Broom, Part. 74. See MARRIED WO MAN.
He may sue alone for property that be longed to the wife before coverture ; Trimble v. Stipe, 5 T. B. Monr. (Ky.) 264; on a joint bond given for a debt due to the wife dam sold; 1 Maule & S. 180; 1 Chitty, Pl. 20; on a covenant running to both ; Cro. Jac. 399; 1 B. & C. 443; to reduce choses in ac tion into possession ; 2 Ad. & E. 30; for dam ages to his wife's separate real estate ; Lee v. Turner, 71 Tex. 264, 9 S. W. 149 ; and, aft er her death, for anything he became enti tled to during eoverture ; Co. Litt. 351 a, n. 1. And see 4 B. & C. 529.