MISSORY fied, or any part thereof, to wit, on the day and year aforesaid, at, &c. afore- ON PROsaid, indorsed the said promissory note, and by the said last-mentioned indorsement, the said G. H. then and there ordered and appointed the said residue of the said sum of money in the said note specified, to be paid to the plaintiff, and then and there delivered the said promissory note so indorsed to the said plaintiff, and by reason of the premises, and by force of the Statute in such case made and provided, the said defendant then and there became liable to pay the said residue of the said sum of money in the said promissory note specified to said plaintiff, according to the tenor and effect of the said promissory note, and the said several indorsements so made thereon as aforesaid; and being so liable, the said defendant in consideration thereof, afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiff to pay him the said residue of the said sum of money in the promissory note specified, according to the tenor and effect of the promissory note, and the said indorsements so made thereon as aforesaid.—[Add a count as upon a note remaining wholly unpaid, and the common counts.] an execu [After stating the promissory note, payable to one E. F. as ante, 126, pro- By inceed as follows:]-And the said E. F. to whom or to whose order the pay- dorsee of ment of the said sum of money mentioned in the said promissory note was to tor against be made afterwards, and before the payment of the said sum of money in the maker (k). said promissory note specified, to wit, on the day and year aforesaid, at, &c. aforesaid, indorsed the said promissory note, and by that indorsement the said E. F. ordered and appointed the said sum of money in the said promissory note specified to be paid to one G. H. in his life-time, since deceased, or order, and then and there delivered the said promissory note, so indorsed, to the said G. H. And the said plaintiff further saith, that heretofore, to wit, on, &c. (date of will, or about it,) at, &c. aforesaid, the said G. H. made his last will and testament, in writing, and thereby then and there made and appointed J. K. executor thereof, and *the said G. H. afterwards, to wit, on the day and year last aforesaid, at, &c. (venue) aforesaid, died, and thereupon the said J. K. afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, duly proved the said last will and testament of the said G. H. deceased, and took upon himself the burden of the execution thereof; and the said J. K. so being executor of the said last will and testament of the said G. H. afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, as such executor as aforesaid, indorsed the said promissory note, and by the said last-mentioned indorsement appointed the said sum of money in the said promissory note specified, to be paid to the said plaintiff, and then and there delivered the said promissory note, so indorsed, to the said plaintiff'; by means, &c.-[State liability, and promise to pay, as ante, 127.] [ *129 ] For that whereas the said defendant, heretofore, to wit, on, &c. at, &c. By indormade his certain promissory note in writing, bearing date (a certain day and see of an (k) A profert of the probate need not be made. Willes, 359. See precedents, 1 Wentw. 329, 382, 387, 388. administrator af (1) No profert of the letters of administer the tration is necessary, Willes, 359.-1 Wentw, death of 388. the payce (1). ON PRO MISSORY NOTES. year therein mentioned,) to wit, the same day and year aforesaid, and thereby promised to pay, (twelve) months after the date thereof, to one E. F. or order, the sum of £ value received, and then and there delivered the said promissory note to the said E. F.; and the said plaintiff in fact saith, that after the making of the said promissory note, and before the payment of the said sum of money therein specified, to wit, on, &c. (the date of the letters of administration, or about it,) to wit, at, &c. (venue) aforesaid, the said E. F. died intestate; and that afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, administration of all and singular the goods and chattels, rights and credits, of the said E. F. deceased, at the time of his death was granted to one G. H. and the said G. H. so being such administrator as aforesaid, afterwards, and before the payment of the said sum of money in the said promissory note specified, to wit, on the day and year last aforesaid, at, &c. aforesaid, indorsed the said promissory note, by which said indorsement, he the said G. H. as such administrator as aforesaid, then and there ordered and appointed the said sum of money in the said promissory note specified, to be paid to the said plaintiff, and then and there delivered the said promissory note, so indorsed as [*130] aforesaid, *to the said plaintiff'; by means, &c.—[State the liability, and promise to pay, as ante, 127.] By the note paya ble to E. F. or bearer (m). [After statement of the note payable to E. F. or bearer, proceed as follows, bearer of a as ante, 115.]—And the said E. F. to whom or to the bearer of the said promissory note, the payment of the said sum of money therein specified, was by the same note to be made after the making of the said note, and before the payment of the said sum of money therein specified, to wit, on the day and year aforesaid, at, &c. aforesaid, duly assigned over and delivered the said promissory note to the said plaintiff, who thereby and then and there became and was and still is the lawful bearer thereof, and entitled to receive and demand payment of the said sum of money therein specified, whereof the said defendant afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, had notice; by means, &c.-[State the liability, and promise to pay, according to the tenor, as ante, 115, 16.] By bearer of a coun or in country, aver For that whereas the said defendants, heretofore, to wit, on, &c. (date of bank note) at the Brighton Union Bank, at Brighton, to wit, at, &c. (venue) made er's note, their certain promissory note in writing, bearing date a certain day and year payable at London therein mentioned, to wit, the day and year aforesaid, and thereby then and banker's, there promised to pay No or bearer, on demand, the sum of £- there, that is to say, at the said Brighton Union Bank, or at Messrs. Weston, Sir John Pinhorn, and Co's. London, value received: and the said afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, became and was the lawful bearer of the said note, and entitled to receive and demand payment of the said sum of money therein specified, whereof the said defendants, afterwards, to wit, on the day and year aforesaid, there had notice: and the said plaintiff in fact saith, that afterwards, to wit, on the day and year aforesaid, to wit, at, &c. (venue) aforesaid, the said promissory note was duly ring presentment at both. (m) The assignment may be stated more concisely, as ante, 127. ISSORY NOTES. presented to the said Messrs. Weston, Sir John Pinhorn, and Co's. bankers, ON PROMLondon aforesaid, for payment thereof, according to the tenor and effect of the said promissory note, and payment of the said sum of money in the said promissory note specified, was then and there duly demanded and required; yet neither the said Messrs. Weston, Sir John *Pinhorn, and Co's. nor the [131] said defendants, nor any person or persons on behalf of the said defendants, did or would, at the said time when payment of the said sum of money in the said promissory note specified, was so demanded as aforesaid, pay the same, or any part thereof, but wholly neglected and refused so to do, to wit, at, &c. (venue) aforesaid; whereof the said defendants, afterwards, to wit, on the day and year last aforesaid, there had notice. And the said plaintiff in fact further saith, afterwards, to wit, on the day and year aforesaid, to wit, at, &c. (venue) aforesaid, the said promissory note was duly presented to the said defendants, to wit, at the Brighton Union Bank, according to the tenor and effect of the said promissory note, and payment of the said sum of money in the said promissory note specified, was then and there duly demanded and required; but that neither the said defendants, nor any other person or persons on their behalf, did or would, when payment of the said sum of money in the said promissory note specified, was so demanded as last aforesaid, pay the same, or any part thereof, but wholly neglected and refused so to do; whereof the said defendants, afterwards, to wit, on the day and year aforesaid, there had notice; by means, &c.-[State liability, and promise to pay on request, as ante, 118; add a count stating presentment only on the London Bank, and a third count, stating presentment only at the Country Bank.] first indorser, on a against note paya For that whereas one E. F. (the maker) heretofore, to wit, on, &c. at First in(London) that is to say, at, &c. (venue) made his certain promissory note in dorsee writing, bearing date a certain day and year therein mentioned, to wit, the day and year aforesaid, and thereby then and there promised to pay at Messrs. Drummonds and Co. bankers, Charing Cross (0), (two) months after the date thereof, to the said defendant (p), or order, the sum of £-for value re- particular ceived, and then and there delivered the said promissory note to the said de- place (n). fendant; and the said defendant, &c. [state indorsement and delivery to plaintiff, as *ante, 124]; and the said plaintiff avers, that afterwards, when the said promissory note became due and payable according to the tenor and [*132] effect thereof, to wit, on the - day of in the year of our Lord aforesaid, at the said Messrs. Drummonds and Co. bankers at Charing Cross aforesaid, to wit, at, &c. (venue) aforesaid, the said promissory note was duly presented and shown for payment thereof, and payment of the said sum of money therein specified, was then and there duly required, according to the tenor and effect of the said promissory note, but that neither the said Messrs. Drummonds and Co. nor the said E. F. nor any person or persons on behalf of the said E. F. did, or would, at the said time when the said promissory note was presented and shown for payment thereof as aforesaid, or at any time (n) If the latter, see the precedents and notes, ante, 117 and 119. See Chitty on Bills, 7th edit. 492. (o) If not payable at a particular place, omit the words in italics. (p) The statement of the addition is in no case necessary or advisable, unless the party be misdescribed in the note; see ante, 115, n. (ƒ). ON PRO MISSORY NOTES. [ *133] dorsee against first indorser, with averment before or afterwards, pay the said sum of money therein specified, or any part thereof, but wholly neglected and refused so to do* (q), of all which said several premises the said defendant, afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, had notice (r); by means whereof, and by force of the Statute in such case made and provided, the said defendant then and there became liable to pay to the said plaintiff the said sum of money in the said promissory note specified, when he the said defendant should be thereunto afterwards requested; and being so liable, he the said defendant, in consideration thereof, afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiff to pay him the said sum of money in the said promissory note specified, when he the said defendant should be thereunto afterwards requested.—[When the first count is on a note, made by a memorandum at the foot, payable at a particular place, add a count, as on a note payable generally, and with a short indorsement, as ante, 127, and averring a presentment to the maker, and insert common counts, laying the day after the note was due, viz. counts for the original debt between plaintiff and defendant, the money counts, account stated, and breach.] *[Proceed precisely the same as the last precedent to the asterisk, and then First in proceed as follows:]-And the said plaintiff avers, that at the time of making of the said promissory note as aforesaid, and from thence, until and at the time when the same was so presented and shown for payment thereof as aforesaid, the said E. F. (the maker) had not in his hands any effects of the said defendant, of want of nor had the said E. F. received any consideration from the said defendant for effects, to the making, or paying the said promissory note, but, on the contrary, the said tice of E. F. made the said promissory note as aforesaid, for the accommodation, and at the special instance and request of the said defendant; and the said defendant hath not sustained any damage for or by reason of his not having had any notice of the non-payment by the said E. F. of the said sum of money in the said promissory note specified.-[Conclude as in the last precedent, from the asterisk to the end.] excuse no non-payment (s). By indor see of a note payable to For that whereas one E. F. heretofore, to wit, on, &c. at, &c. made his certain promissory note in writing, bearing date a certain day and year therein mentioned, to wit, the same day and year aforesaid, and then and there delivbearer thir- ered the said note to one G. H. and thereby then and there promised to pay ty days after sight, to the said G. H. or bearer, the sum of £- thirty days after sight thereof, delivered which said promissory note afterwards, and before the payment of the said sum over by the payee of money therein specified, to wit, on the day and year aforesaid, at, &c. to the de- aforesaid, had been and was delivered to the said defendant, who was then fendant, and there the bearer thereof, and entitled to the said sum of money therein dorsed it to specified; and the said defendant, so being the bearer of the said promissory plaintiff. who in (q) This asterisk is a reference from the next precedent. (r) Under this averment plaintiff may show that the defendant could not be found to give him the notice in the usual time, see 8 B. & C. 387. (s) See the precedent on a bill of exchange, and notes, Chitty on Bills, 7th ed. 505. 15 East, 216. 12 East, 171. The first count should be framed as ante, 131; and then insert the above count with a short indorsement, to excuse the want of due notice of non-payment by maker. When the defendant could not be found to give him the notice in the usual time, it was held not necessary to aver that fact, 8 B. & C. 387. MISSORY NOTES. note, and entitled to the said sum of money therein specified, he the said de- ON PROfendant, afterwards, and before the payment of the said sum of money in the said note specified, to wit, on the day and year aforesaid, at, &c. aforesaid, indorsed the said promissory note, by which said indorsement, he the said defendant, then and there ordered and appointed the said sum of money in the said promissory note specified, to be paid to the said plaintiff, and then and there delivered *the said promissory note, so indorsed as aforesaid, to the said [*134] plaintiff; and the said plaintiff in fact saith, that the said E. F. afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, had sight of the said note, that afterwards, when the said note did become due and payable, according to the tenor and effect thereof, to wit, on, &c. at, &c. aforesaid, the said note was presented and shown to the said E. F., &c.-[State presentment, refusal, notice, liability, and promise, as ante, 132.] where ma found came due (t). [To the end of the indorsement to plaintiff, as ante, 132.] And the said Against plaintiff avers, that afterwards, when the said promissory note became due and indorser, payable, according to the tenor and effect thereof, to wit, on, &c. (day when it ker could became due) diligent search and inquiry was made after the said E. F. at, &c. not be aforesaid (u), and elsewhere, to wit, at, &c. (venue) aforesaid, in order that the when the said promissory note might be presented and shown to the said E. F. for pay- note bement thereof, but the said E. F. could not, on such search and inquiry, be found, nor did the said E. F. then, or at any time before or since, pay, or cause to be paid, the said sum of money in the said promissory note specified, or any part thereof, but hath wholly neglected so to do, to wit, at, &c. aforesaid; of all which said premises the said defendant afterwards, to wit, on the day and year last aforesaid, there had notice; by means, &c.-[State liability, and promise to pay on request, as ante, 132. Then add a count averring a presentment for payment, refusal, and notice of non-payment, as ante, 132, and the money counts, account stated, and breach.] payee a For that whereas the said defendant, heretofore, and in the life-time of one By a surE. F. since deceased, to wit, on, &c. at, &c. made his certain promissory víving note in writing, bearing date a certain day and year therein mentioned, to wit, gainst mathe day and year aforesaid, and thereby then and there promised to pay, two ker (w). months after the date thereof, to the said plaintiff and the said E. F. since deceased, or their order, the sum of £50, for value received, and then and there delivered the said promissory note to the said plaintiff and the said E. F. since deceased; by means whereof, and by force *of the Statute in such case made [*135] and provided, the said defendant then and there became liable to pay to the said plaintiff and the said E. F. since deceased, in his life-time, the said sum of money in the said promissory note specified, according to the tenor and effect of the said promissory note, and being so liable, he the said defendant, in consideration thereof, afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiff and the said E. F. since deceased, in his life-time, to pay them the said sum (t) See the precedents and notes, Chitty on Bills, 7th edit. 504. Bayley, 187.-5 Taunt. 30.-1 Wentw. 322, 331. VOL. II. 13 (u) The place where the note is payable. |