NERSHIP

Those contracts which are altogether per- sonal: as, where the deceased has agreed to accompany the other party to the contract on a journey, or to serve another; Pothier, Obl. c. 7, art. 8, §§ 2, 8; 24 Fed. Rep. 583; or to instruct an apprentice; Bacon, Abr. Executor, P; 1 Burn, Eccl. Law 82; Hamm. Partn. 157; Ans. Contr. 325; 1 Rawle 61; also an instance of this species of contract in 2 B. & Ad. 303. In all those cases where one is acting for another and by his author- ity, such as agencies and powers of attor- ney, where the agency or power is not coupled with an interest, the death of the party ordinarily works a revocation; 8 Wheat. 174; 83 Pa. 228. Where the power is to transfer stock, signed by the seller of the stock, it is not revoked by his death; 31 W. N. Cas. Pa. 502. See AGENCY. As to torts. In general, when the tort feasor or the party injured dies, the cause of action dies with him; but when the de- ceased might have waived the tort and maintained assumpsit against the defend- ant, his personal representative may do the same thing. See ACTIO PERSONALIS MORI- TUR CUM PERSONA, where this subject is more fully examined. As to crimes. When a person accused of crime dies before trial, no proceedings can be had against his representatives or his estate. As to inheritance. By the death of a per- son seised of real estate or possessed of per- sonal property, his property real and person- al, after satisfying his debts, vests, when he has made a will, as he has directed by that instrument; but if he dies intestate, his real estate goes to his heirs at law under the statute of descents, and his personal to his administrators, to be distributed to the next of kin, under the statute of distributions. In suits. At common law an original suit abated by reason of the death of the plaintiff; 6 Wait, Act. & Def. 400; 24 Miss. 192; but in most of the states and England it is otherwise, and the personal representa- tives may become parties and prosecute the suit; Wms. Ex., 7th Am. ed. pt. ii. b. iii. ch. 4, and American note thereto, pp. 91, 99. In one state, Delaware, there is a constitu- tional provision that no action shall abate by the death of a party; Del. Const. art. 6, § 18. The English practice and rules under the procedure acts will be found in the chapter of Williams on Executors above cited and a reference to the American stat- utes in the note thereto. In case of the death of a plaintiff the usual practice is to make a suggestion of it to the court which is entered of record; and in case of the death of a defendant his executor or ad- ministrator may be made a party, either by scire facias, or motion for an order of re- vivor, or other proceeding for giving due notice to the representative, according to

—Dormant partners. Those whose names are not known or do not appear as partners, but who nevertheless are silent partners, and partake of the profits, and thereby become partners, either absolutely to all intents and pur poses, or at all events in respect to third parties. Dormant partners, in strictness of lJanguage, mean those who are merely passive in thé firm, whether known or unknown, in contradistinction to those who are active and conduct the business of the firm, as _ principals. See Story, Partn. 80; Rowland v. Estes, 190 Pa. 111, 42 Atl. 528; National Bank of Salem v. Thomas, 47 N. Y. 15: Metcalf v. Officer (C. C.) 2 Fed. 640; Pooley v. Driver, 5 Ch. Div. 458; Jones v. Fegely, 4 Phila. (Pa.) 1.—Liguidating partner. he partner who, upon the dissolution or insolvency of the firm, is appointed to settle its accounts, collect assets, adjust claims, and pay debts.—Nominal partner. One whose name appears in connection with the business as a member of the firm, but who has no real interest in it.—Ostensible partner. One whose name appears to the world as such, or who is held out to all persons having dealings with the firm in the character of a partner, whether or not he has any real interest in the firm. Civ. Code fia § 1889.—Quasj partners. Partners of ands, goods, or chattels who are not actual partners are sometimes so called. Poth. de Société, App. no. 184.—Silent partner, sleeping partner. Popular names for dormant partners or special partners.—Special partmer. A member of a limited partnership, who furnishes certain funds to the common stock, and whose liability extends no further than the fund furnished. A partner whose responsibility is restricted to the amount of his investment. 3 Kent, Comm. 34.—Surviving partner. The partner who, on the dissolution of the firm by the death of his copartner, occupies the position of a trustee to settle up its affairs.

DORMANT PARTNER, (defined). 30 Ν. Υ. DONIS CONDITIONALIBUS,