Stowell's Administrator v. Drake

Decided February 15, 1852

Supreme Court of New Jersey · decided 1852-02-15

Action upon a covenant, made by the defendant with James Shotwell and Jonathan Shotwell. The covenantees being dead, the administrators of both joined in the action for a breach of the covenant. Special demurrer to the declaration,

Decided 1852-02-15

By the Court.

¶1Where one of two joint covenantees dies, the action on the contract must be brought in the name of the survivor. And if he die also, then in the name of his executor or administrator. Wherever the beneficial interest may lie, the remedy survives.

¶2Judgment for the demurrant.