Schaffer v. Levenson Wrecking Co.
| Decision Date | 13 November 1911 |
| Parties | SCHAFFER v. LEVENSON WRECKING CO. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Appeal from District Court of Hoboken.
Action by H. Allen Schaffer, trustee in bankruptcy of the Northampton Cement Company, against the Levenson Wrecking Company. From a judgment for plaintiff, defendant appeals. Affirmed.
Argued June term, 1911, before GARRISON, TRENCHARD, and KALISCH, JJ.
William B. Stites, for appellant.
William H. Parry, for appellee.
This is the defendant's appeal in an action on a book account, brought in the district court of the city of Hoboken, in which the plaintiff had judgment. The action was brought by H. Allen Schaffer, trustee in bankruptcy of the Northampton Cement Company. At the trial the defendant made a motion to nonsuit, upon the ground that the plaintiff had used the initial "H," instead of his Christian name. We are of the opinion that the motion was properly denied.
By the common law since the time of the Norman Conquest, a legal name has consisted of one Christian, or given name, and of one surname, patronymic, or family name. The surname, or family name of a person, is that which is derived from the common name of his parents, or is borne by him in common with other members of his family. The Christian name is that which is given one after his birth, or at baptism, or is afterward assumed by him in addition to his family name. 29 Cyc. 264.
In this state, as a general rule, actions must be commenced and prosecuted in the proper Christian and surname of the parties. Seely v. Schenck, 2 N. J. Law, 75. Initials cannot be used for the Christian names of parties to actions, except in cases of parties described by initial letters in bills of exchange, promissory notes, or other written instruments, under paragraph 27 of the practice act. Elberson v. Richards, 42 N. J. Law, 69; Dittmar Powder Co. v. Leon, 42 N. J. Law, 540.
But this is not a case where no Christian name is mentioned, nor where the Christian name is designated simply by its initial letter. The uncontradicted testimony was that the plaintiff's proper name was H. Allen Schaffer. His given name having been used to describe him, the motion to nonsuit was, of course, properly denied. U. S. v. Winter, 13 Blatchf. 276, Fed. Cas. No. 16,743.
The judgment of the court below will be affirmed.
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