BY HUS BAND AND WIFE. Against husband and wife for work, &c. done for wife before marriage (2). married, and the said plaintiffs since their intermarriage, in this behalf, hath not as yet paid the said sums of money, *or any part thereof, to the said plaintiffs (y), or either of them (although often requested so to do). But he to do this hath hitherto wholly refused, and still doth refuse to pay the same, or any part thereof, to the said plaintiffs, To the damage of the said plaintiffs of £— and therefore they bring their suit, &c. Pledges, &c. (Omit pledges if in C. P.) (to wit.) A. B. complains of C. D. and E. his wife being, &c. (or if in C. P. or Exchequer, state the commencement accordingly.) For that whereas the said E. whilst she was sole and unmarried, to wit, on, &c. (a) at, &c. was indebted to the said plaintiff for the said work and labor, &c. before that time done, &c. by the said plaintiff, for the said E. and at her (b) special instance and request, and being so indebted, she the said E. in consideration thereof afterwards, and whilst she the said E. was sole and unmarried, to wit, on the day and year aforesaid, at, &c. aforesaid, undertook, &c. as ante, 37, stating the promise to have been by the wife only. The quantum meruit thereon is as follows:-And whereas also afterwards, and whilst the said E. was sole and unmarried, to wit, on the day and year aforesaid, in consideration that the said plaintiff, at the like special instance and request of the said E. had before that time done, performed, &c. for the said E. she the said E. undertook, &c. and the said plaintiff avers that he therefore reasonably deserved to have of the said E. whilst she was sole and unmarried, the further sum of, &c. whereof the said E. afterwards, and whilst she was sole and unmarried, to wit, on the day and year aforesaid, there had notice. (Add the monies and account stated by the feme before marriage.) Yet the said E. whilst she was sole and unmarried, and the said defendants since their intermarriage, not regarding the said several promises and undertakings of the said E. but contriving to deceive and defraud the said plaintiff in this behalf, have not nor hath either of them as yet paid the said several sums of money, or any of them, or any part there[ *97] of, to the said *plaintiff, (although often requested so to do) but to pay the same or any part thereof to the said plaintiff, the said E. whilst she was sole and unmarried, wholly refused, and the said defendants have, ever since their intermarriage, hitherto wholly refused, and still doth refuse so to do, to the damage of the said plaintiff," &c. (as usual.) Breach. BY ASSIG- By assig nees of a bankrupt for work, Thirdly,-Assignees of Bankrupts or Insolvents. Commencement as ante, 33, and then proceed thus. For that whereas the (y) As to the language of the breach, see 3 Wils. 208.-1 Ld. Raym. 284.-1 Vent. &c. before 119.-2 Rich. C. P. 293. the bank (c) See form, Plead. A. 44. This form of declaring, without setting out the petitioning creditor's debt, commission, &c. is settled to be good. Lutw. 274. 277.-2 Ld. Raym. 1548.-Carth. 29. When an assignee has been removed, the last assignee may sue as assignee generally, without naming the former assignee, 6 G. 4. c. 16. s. 67. (b) This is a material averment, 3 J. B. -10 East, 61.-When assignees should deMoore, 303.-1 J. B. Moore, 126. clare without naming themselves assignees, (z) See form, Lil. Ent. 27. No count on ruptcy (c). a promise by the feme, or by the husband during the coverture, should be added. 1 Taunt. 212.-Palm. 313. (a) See ante, n. (b). NEES OF said defendant, on, &c. (d) at, &c. was indebted to the said E. F. (e) (the BY ASSIGbankrupt) before he became bankrupt, in the sum of £-(f) of lawful money of Great Britain, for the work and labor, care, and diligence, of the said E. F. by the said E. F. before that time done, performed, and bestowed for the said defendant, and at his special instance and request, and being so indebted, he the said defendant, in consideration thereof, afterwards, and before the said E. F. became bankrupt, to wit, on the day and year aforesaid, at, &c. aforesaid, undertook, &c. Conclude as ante, 37, stating the promise to have been to the bankrupt.)—*The quantum meruit is as follows:-And whereas also, [98] afterwards, and before the said E. F. became bankrupt, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, in consideration that the said E. F. at the like special instance and request of the said defendant, had before that time done, performed, &c. (stating the promise to have been to the bankrupt.) And the said plaintiff's aver that the said E. F. before he became bankrupt, therefore reasonably deserved to have, &c. whereof the said defendants afterwards, and before the said E. F. became a bankrupt, to wit, on the day and year aforesaid, at, &c. aforesaid, had notice. (Add other counts, according to the claim in dispute, and an account stated, and state a breach thus :)—Yet Breach. the said defendant, not regarding his promises and undertakings, but contriving to deceive and defraud the said E. F. before he became bankrupt, and the said plaintiffs, as assignees as aforesaid, since the said E. F. became bankrupt, in this behalf, hath not as yet paid the several sums of money or any or either of them, or any part thereof, to the said E. F. before he became bankrupt, or to the said plaintiffs, or either of them, bankrupt (although often requested so to do.) wholly refused, and still refuses to pay the same, or any part thereof, to the said plaintiffs,* To the damage of the said plaintiffs, as assignees as aforesaid, of £ and therefore they bring their suit, &c. since the said E. F. became Pledges, &c. (Omit pledges if in C. P.) As to the joinder of different counts in an action by assignees, see 3 T. R. 433, 779; ante, vol. i. 184. When there has been any promise or acknowledgment to the assignees, or cause of action accruing after the act of bankruptcy, it is expedient, at the asterisk, to add the following counts: *And whereas also the said defendant, before the said E. F. (the bankrupt) became bankrupt, to wit, on, &c. (h) at, &c. was indebted to the said E. see Cowp. 569, ante, vol. i. 16. As to joinder of different demands, see 3 T. R. 433, 779, ante, vol. i. 16, 184. The assignees of two persons may describe themselves as assignees of one for a separate demand, 3 Campb. 399. and as to how assignees should describe themselves, see ante, vol. i. 16. Where the plaintiffs sue as assignees of several bankrupts, for money had and received, and some of the money was received before the bankruptcy of either of the parties, and some after the bankruptcy of one, and before that of the others, the counts must be framed accordingly, 3 B. & P. 465; and see a form of commencement of declaration by assignees of several bankrupts, under seve ral commissions, to recover a debt due to (d) It is usual to insert a day before the (e) The bankrupt might be described (f) Any sum enough to cover the real (g) When not necessary, Cowp. 569. Wightw. 65. (h) It is usual to insert a day before the bankruptcy, but any day before the title of the declaration will suffice. [*99] The like on promises to the the assignees after the bankruptcy (g). BY ASSIG NEES OF RUPT. Account stated, F. in the further sum of £ of like lawful money for the work and labor, care and diligence of the said E. F. by him before that time done, performed, and bestowed, in and about the business of the said defendant, and for the said defendant, and at his special instance and request, and also in the further sum of £ of like lawful money, for divers goods, wares, and merchandize, by the said E. F. before that time sold and delivered to the said defendant, and at his special instance and request, and also in the further sum of £——— of like lawful money, for money by the said E. F. before that time lent and advanced to, and paid, laid out and expended for the said defendant, and at his like special instance and request, and also in the further sum of £— of like lawful money, for other money, by the said defendant before that time had and received, to and for the use of the said E. F. and being so indebted, and the said several sums of money in this count mentioned, being and remaining wholly due and unpaid, he the said defendant, in consideration thereof afterwards, and after the said E. F. became bankrupt, to wit, on, &c. (i) at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiffs, as (k) assignees as aforesaid, to pay them the said several sums of money, in this count mentioned, when he the said defendant should be thereunto afterwards requested (k).—And whereas also the said defendant afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, accounted with the said plaintiffs, as (k) assignees as aforesaid, of and concerning divers other sums of money from the said defendant to the said plaintiffs, as (k) assignees, [*100] as aforesaid, before that time *due and owing and then in arrear and unpaid, and upon that accounting the said defendant was then and there found to be in arrear, and indebted to the said plaintiffs as (1) assignees as aforesaid, in the further sum of £- of like lawful money, and being so found in arrear and indebted, and the said last-mentioned sum of money being and remaining wholly unpaid and unsatisfied, he the said defendant, in consideration thereof afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiffs, as (1) assignees as aforesaid, to pay them the said sum of money last-mentioned, whenever afterwards he the said defendant should be thereunto requested. Yet the said defendant, not regarding his said several (three) (n) last-mentioned promises and undertakings, but contriving and fraudulently intending craftily and subtly to deceive and defraud the said plaintiffs, as assignees as aforesaid in this respect, hath not as yet paid the several sums of money in the last (three) (n) counts mentioned, or either of them, or any part thereof, to the said plaintiff's (although often requested so to do.) But the said defendant, to pay the same or any part thereof hath hitherto altogether refused, and still doth refuse, To Breach. (i) It is usual to insert a day after the bankruptcy, but any day before the title of the declaration will suffice. (k) See forms, Lil. Ent. 42.-Plead. A. 311. If the assignees have in that character sold goods to the defendants, or he has, since the bankruptcy, received money for their use, here add counts for goods sold by them as assignees, or for money had and received to their use as assignees, as in form, post, 100; as to the propriety of which counts, see 2 Show. 250.-6 East, 405.-It is now not unusual to declare, stating that the defendant being indebted to the plaintiffs as assignees, for goods sold, &c. by the bankrupt, the defendant promised the plaintiffs, as assignees, to pay them, without stating any promise to the bankrupt, as in the above form. () As to the materiality of the word as, sec 5 East, 150, (n) According to the number of counts in which the promises are laid to the assignees. the damage of the said plaintiffs, as assignees as aforesaid, of £— and there- BY ASSIGfore they bring their suit, &c. Pledges, &c. (Omit pledges if in C. P.) NEES OF The like of action arising af on causes ter the bankrupt And whereas also the said defendant, heretofore and after the said E. F. became a bankrupt, to wit, on, &c. (p) at, &c. was indebted to the said plaintiff, as assignee as aforesaid, in the sum of £- for divers goods and chattels by the said plaintiff, as assignee as aforesaid, before then sold and deliver ed to the said defendant, and at his request-or for money by the said defend- cy (0). ant before then had and received, to and for the use of the said plaintiff, as assignee as aforesaid, (inserting such counts in this way as may be applicable to the claim arising after the bankruptcy, and insert an account stated and breach to the plaintiff, as assignee, as ante, 99.) If the plaintiff be a surviving assignee, call him so throughout, and conclude By a sur as follows:-Yet the said defendant, not regarding, &c. but contriving, &c. to viving asdeceive and defraud the said E. F. before he became bankrupt, and the said signee. plaintiff, and one B. in his life-time now deceased, and whom the said plaintiff hath survived (which said plaintiff *and B. in the life-time of the said B. were [*101 ]* assignees of the estate and effects of the said E. F. according to the force, form, and effect of the several statutes concerning bankrupts) after the said E. F. became bankrupt, and the said plaintiff, as surviving assignee as aforesaid, since the death of the said B. hath not as yet paid to them, or any or either of them, the said several sums of money, &c. (as in the precedent, ante, page 97.) partner and the as signee of being Commencement as ante, 33, third form. For that whereas the said defend- By one ant on, &c. (r) at, &c. was indebted to the said A. B. and E. F. before the said E. F. became bankrupt, in the sum of £- of lawful, &c. for the work and labor, &c. by the said A. B. and E. F. before that time done, &c. and another, being so indebted, he the said defendant, in consideration thereof afterwards, bankrupt, and before the said E. F. became bankrupt, to wit, on the day and year for work and labor, aforesaid, at, &c. [laying the promise to both the partners, and so with other &c. before counts.] Yet the said defendant, not regarding his said promise and under- the banktaking, but contriving to deceive and defraud the said A. B. and E. F. before ruptcy (q). the said E. F. became bankrupt, and the said A. B. and C. D. as assignee as aforesaid, after the said E. F. became bankrupt in this behalf, hath not as yet paid to them, or any or either of them, the said several sums of money, or any or either of them, or any part thereof (although often requested so to do.) But he to do this hath hitherto wholly refused and still refuses to pay the same or any part thereof to the said plaintiffs, To the damage of the said A. B. and of the said C. D. as assignee as aforesaid, of £- and therefore they bring their suit, &c. Commencement as ante, 33. For that whereas the said defendant heretofore (o) As to the propriety of these counts, see ante, vol. i. 15, 181.-2 Show. 250.-6 East, 405. (p) Any day before the title of the decla ration. (q) See 12 Mod. 447.-8 T. R. 140.-10 East, 418. (r) It is usual to insert a day before the bankruptcy, but any day before the title of the declaration will do. Breach. By the assignee of vent debt or on pro mises to insolvent ($). Breach. an insol- and before the said E. F. (the insolvent) subscribed his petition for his discharge from imprisonment, as such insolvent debtor as aforesaid, according to the provisions of the said statute, to wit, on, &c. (t) at, &c. was indebted to the said E. F. in the sum of £- of lawful money of Great Britain, for, &c. (here state the subject-matter of the debt arising to the insolvent, as usual,) and being so indebted, he the said defendant afterwards, and before the said E. F. subscribed his said petition, to wit, on the day and year aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said E. F. &c. (so continuing as usual laying the promises to the insolvent, and after the usual accounts stated with the insolvent, state a breach, thus :)—Yet the said defendant, not regarding his said promises and undertakings so by him made as aforesaid, but contriving to deceive and defraud the said E. F. before he subscribed his said petition, and the said plaintiff, as assignee as aforesaid, after the said E. F. subscribed his said petition in this respect, hath not yet paid the several sums of money, or any of them, or any part thereof, to the said E. F. or the said plaintiff, or either of them, although often requested so to do. But he so to do hath hitherto wholly refused, and still refuses to pay the same to the said plaintiff,* To the damage of the said plaintiff, as assignee as aforesaid, of £-, and therefore he brings his suit, &c. The like on causes of action arising to ee after the And whereas also the said defendant heretofore and after the said E. F. subscribed his petition for his relief and discharge from imprisonment, as such insolvent debtor as aforesaid, according to the provisions of the said statute, the assign to wit, on, &c. (u) at, &c. was indebted to the said plaintiff, as assignee aforeinsolvent's said, in the sum of £- — of like lawful money for divers goods and chattels subscrib- by the said plaintiff, as assignee as aforesaid, before then sold and delivered ing his petition. to the said defendant, and at his request, [or, for money by the said defendant before then had and received, to and for the use of the said plaintiff, as assignee as aforesaid, inserting such other counts in this manner as may be necessary to cover the plaintiff's claim, and add an account stated, and breach, thus:] And whereas also the said defendant, heretofore, and after the said E. F. subscribed his said petition, to wit, on the day and year last aforesaid, at, &c. aforesaid, accounted with the said plaintiff, as assignee as aforesaid, of and concerning divers sums of money before then due and owing to the said plaintiff, as assignee as aforesaid, and upon that accounting the said defendant was then and there found in arrear and indebted to the said plaintiff, as assignee as aforesaid, in the sum of £— and being so found in arrear and indebted, he the said defendant, in consideration thereof afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiff, as assignee as aforesaid, to pay him the said last-mentioned sum of money when he the said defendant should be thereunto afterwards requested. Yet the said defendant, not regarding his said last-mentioned (two) promises and undertakings, so by him made as Breach. (s) The act now in force relative to insolvents, is the 7 Geo. 4. c. 57. As to ac tions by, ante, vol. i. 17, 61. See a form at the suit of the provisional assignee, 6 Bingh. 486. (t) It is usual to insert a day before the petition, but any day before the title of the declaration will do. (u) Any day before the title of the declaration. |