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ON PRO-
MISSORY
NOTES.

of

money in the said promissory note specified, according to the tenor and effect thereof.-[Add money counts, account stated, and breach, as in the form by a surviving partner, ante, 91, and if it be material to give in evidence a promise or acknowledgment since the death of the partner, add counts accordingly, see ante, 92.]

Payee a- For that whereas the said defendant and one E. F. since deceased, heretogainst a fore, to wit, on, &c. at, &c. made their certain promissory note in writing, surviving maker (*). bearing date a certain day and year therein mentioned, to wit, the day and year aforesaid, and thereby then and there promised to pay, two months after the date thereof, to the said plaintiff or order, the sum of £50, for value received, and then and there delivered the said promissory note to the said plaintiff; by means whereof, and by force of the Statute in such case made and provided, the said defendant and the said E. F. since deceased, in his life-time, then and there became liable to pay to the said plaintiff 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, they the said defendant and the said E. F. in his life-time, 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 sum of money in the said promissory note specified, according to the tenor and effect thereof.-[Add money counts, account stated, and breach, against surviving partner, as ante, 94, and if it be material to give in evidence a promise or contract since the death of the partner, add counts accordingly, ante, 94.]

*136] By hus

band and wife on a

whilst sole (y).

*[Commencement by husband and wife, ante, 95.]—For that whereas the said defendant, heretofore, and whilst the said E. was sole and unmarried, to wit, on, &c. at, &c. that is to say, at, &c. made his certain promissory note in note paya- writing, bearing date a certain day and year therein inentioned, to wit, the day ble to her and year aforesaid, and thereby then and there promised to pay, two months after the date thereof, to the said E. now the wife of the said A. B. (by her then name and addition of E. F.) or order, the sum of £— value received, and then there delivered the said promissory note to the said E.; by means whereof, and by force of the Statute in such case made and provided, he the said defendant then and there became liable to pay to the said E., whilst she was sole and unmarried, 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 E. whilst she was sole and unmarried, to pay her the said sum of money in the said promissory note specified, according to the tenor and effect thereof.-[Add count on promises to the wife before marriage, as directed, ante, 95.]

(x) See ante, 94, n. (a). It might be described as the note of the survivor only, 1 B. & A. 29.

(y) See Chitty on Bills, 7th edit. 19, 342. See precedent, post, 163, on bill of wife, where husband married before it fell due. The husband and wife may join, 2 M. & S.

393. If the husband sue alone, on a note given to the wife during coverture, the note may be described as given to the husband, without noticing the wife, 4 T. R. 616. See 1 B. & A. 218.-Ante, vol. i. 179, as to Joinder of Actions, &c.

ON PRO-
MISSORY
NOTES.

ble to the

testator

For that whereas the said defendant, heretofore, and before the intermarriage of the said C. T. (the testator) with one Ann L. as hereinafter mentioned, to wit, on, &c. (date of note) at (London) to wit, at, &c. made his cer- By an extain promissory note in writing, bearing date the day and year aforesaid, and ecutor on a thereby then and there promised to pay to the said Ann L. or order, on de- note payamand, the sum of £- together with lawful interest for the same, value re- wife of the ceived, and then and there delivered the said promissory note to the said Ann before L. whilst she was sole and unmarried; and the said plaintiff avers, that after- their marwards, to wit, on, &c. (day of marriage, or about it) to wit, at, &c. aforesaid, riage, she the said C. T. intermarried with the said Ann L.; by means whereof, and by indorsed it not having force of the Statute in such case made and provided, the said defendant then (*). and there became liable to pay to the said C. T. the said sum of money and interest in the said promissory note specified, according to the tenor and effect of the said promissory note, and being so liable, and the said sum of money in the said promissory note specified being unpaid, he the said defendant, in consideration thereof, afterwards, and after the said intermarriage, to wit, on, &c. (any day after the marriage) at, &c. aforesaid, undertook, and then and there faithfully promised the said C. T. to pay him the said sum of money in the said promissory note specified, according to the tenor and effect thereof.

By hus

band

alone, on a

note made to wife. during co

For that whereas the said defendant, 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 day and year aforesaid, and then and there delivered the said promissory note to the said E. then and there, and still being the wife of the said plaintiff, and for the use and benefit of the said plain- verture tiff; by which said promissory note, he the said defendant then and there (a). promised to pay, two months after the date thereof, to the said E. so then being the wife of the said plaintiff, or order, £50, for value received by him the said defendant; by reason whereof, &c.—[State liability, and promise to pay plaintiff, as ante, 115.]

Against

husband

and wife,

before

[Commencement against husband and wife, as ante, 96.]-For that whereas the said E. heretofore, and whilst she was sole and unmarried, to wit, on, &c. at, &c. made her certain promissory note in writing, bearing date a certain on her note day and year therein mentioned, to wit, the day and year aforesaid, and there- marriage. by then and there promised to pay, two months after the date thereof, to the said plaintiff, or order, the sum of £- for value received, and then and there delivered the said promissory note to the said plaintiff'; by means whereof, and by force of the Statute in such case made and provided, the said E. then and there became liable to pay to the said plaintiff the said sum of money in the said promissory note specified, according to the tenor *and effect of the [*137] said promissory note; and being so liable, she, the said E., in consideration thereof, afterwards, and whilst she was sole and unmarried, 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 sum of money in the said promissory note specified, according to the tenor and effect thereof.-[Add

(z) That this action lies and in this form, (a) See ante, n. (y) preceding page.

see 1 B. & A. 218.

ON PRO money counts, and breach, as ante, 97. Lil. Ent. 27. A count on a promise after marriage cannot be added, 1 Taunt. 212.]

MISSORY
NOTES.

note, payable to

By assign- [Commencement by assignees, as ante, 97.]-For that whereas the said ees of a defendant, heretofore, and before the said E. F. became a bankrupt, to wit, bankrupt, against on, &c. (date of note) at, &c. made his certain promissory note in writing, maker of a bearing date a certain day and year therein mentioned, to wit, the day and year aforesaid, and thereby, (twelve) months after the date thereof, promised bankrupt to pay to the said E. F. or order £- value received, and then and there deliv(b). ered the said promissory note to the said E. F.; by reason 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 E. F. 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, and before the said E. F. became a bankrupt, to wit, on the day and year aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said E. F. to pay him the said sum of money in the said promissory note specified, according to the tenor and effect of the said promissory note.-[Add counts on the consideration of the note and money [*138] counts, *and account stated, on promises to the bankrupt, and breach, as ante, 98; and if it be material to give in evidence any debt, promise, or acknowledgment, since the bankruptcy, add counts accordingly, see ante, 99.]

By the

(c).

(to wit.) A. B. and C. D. stewards and trustees of a certain trustees of Friendly Society, commonly called held at, &c. (according to the fact) a friendly society complain of E. F. being, &c. For that whereas the said society was and is a society, established according to a certain act of parliament, made and passed in the 10th year of the reign of his late Majesty King George the Fourth, intituled, "An Act to consolidate and amend the laws relating to Friendly Societies ;" and that before the making the promises and undertakings hereinafter mentioned, to wit, on, &c. all the rules, orders, and regulations, under which the said society was thereafter to be governed, were duly, and according to the form of the Statute in such case made and provided, exhibited, confirmed, and filed at the General Quarter Sessions of the Peace, holden at, &c. on, &c. (d) to wit, at, &c. And whereas also, heretofore, to wit, on, &c. (date of note) at, &c. aforesaid, the said defendant made his certain promissory note in writing, bearing date a certain day and year therein mentioned, to wit, the day and year last aforesaid, and thereby then and there promised to pay to one and the rest of the society held at, &c. (as in note) the sum of £-and in one month's notice to pay the principal, or any part thereof; which said promissory note was so made for the use and benefit of the said society, and then and there belonged to the same; and by force of

(b) See ante, 98, as to suit against assignees, and joinder of action, &c. and ante, vol. i. 46, 184.

(c) The statute now in force relative to these societies is the 10 Geo. 4. c. 56. The prior acts were the 33 Geo. 3. c. 54. s. 10.35 Geo. 3. c. 111.-49 Geo. 3. c. 125.-59 Geo. 3. c. 128. s. 7.-See 15 Ves. 280.-6

Ves. 441, 802, 98.-Burn, J. tit. Friendly
Societies.

(d) Care must be taken that this corresponds with the caption or style of the Sessions. When the action is sustainable, though the rules of the society have not been confirmed at the Quarter Sessions, see 5 B. & A. 769.

ISSORY

NOTES.

the Statute in such case made and provided, became and still is vested in the Ox PROMsaid plaintiffs, as such stewards and trustees as aforesaid, for the use and benefit of the said society; and whereby, and by force of the Statute in such case made and provided, he the said defendant then and there became, and was, and still is, liable to pay to the said plaintiffs, as such stewards and trustees as aforesaid, the said sum of money in the said note specified, and interest thereon as aforesaid, 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 last aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiffs, then and there, and still being stewards and trustees of the said society as aforesaid, as such stewards and trustees, to pay them the said sum of money in the said note specified, and interest thereon, according to the tenor and *effect of the said promissory [*139] note; and the said plaintiffs aver, that afterwards, to wit, on the day and year last aforesaid, at, &c. they the said plaintiffs so being such stewards and trustees as aforesaid, gave one month's notice to the said defendant to pay the said principal money of, &c. and then and there requested the said defendant to pay to them the said plaintiffs, as such trustees as aforesaid, for the use and benefit of the said society, the said sum of money in the said note specified, and interest thereon, according to the tenor and effect of the said promissory note. And whereas, also, the said society being so established, and all the Second rules, orders, and regulations of the said society having been so exhibited and count. confirmed, and filed at the General Quarter Sessions aforesaid, the said defendant, heretofore, to wit, on, &c. aforesaid, at, &c. aforesaid, made his certain other promissory note in writing, bearing date, &c. (setting out note as before), which said last-mentioned promissory note was so made for the use and benefit of the said society, and belonging to the same, and by force of the Statute became, and was, and still is, vested in the said plaintiffs, as such stewards and trustees as aforesaid, for the use and benefit of the said society; and thereby, and by force of the Statute in such case made and provided, the said defendant then and there became, and was liable to pay to the said plaintiffs, as such trustees as aforesaid, the said sum of money in the said last-mentioned promissory note specified, and interest thereon as aforesaid, according to the tenor and effect of the said last-mentioned note; and being so liable, he the said defendant, in consideration thereof, afterwards, to wit, on, &c. at, &c. undertook, and then and there faithfully promised the said plaintiffs, so then and there, and still being stewards and trustees of the said society, as such stewards and trustees, to pay them the said sum of money in the said lastmentioned note specified, according to the tenor, &c. (averment of request and notice, as in first count.) And whereas, also, the said defendant af- Third count, for terwards, to wit, on, &c. at, &c. aforesaid, was indebted to the said somoney ciety in the sum of £- for so much money by the said society, before that lent by the time, lent and advanced to the said defendant at his special instance and society. request; and being so 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 plaintiffs, as such stewards and trustees as *aforesaid, to pay them, for the use and benefit of the [*140] said society, the said sum of £-last-mentioned, whenever afterwards he the

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ISSORY
NOTES.

ON PROM- said defendant should be thereunto afterwards requested, (other common counts similar to the last, and breach, as follows :) Yet the said defendant contriving to deceive and defraud the said society in this behalf, hath not as yet paid the said plaintiffs, or either of them, for the use and benefit of the said society, or otherwise, the said sums of money, or any part thereof, although so to do, he the said defendant afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, was requested by the said plaintiffs, as such stewards and trustees as aforesaid, but to pay the same, or any part thereof, he the said defendant hath hitherto wholly refused, and still doth refuse, To the damage of the said plaintiffs, as such stewards and trustees as aforesaid, of £-and therefore they bring their suit, &c.

By executor or ad

ministrator of payee against maker (e).

By executor or ad

ministra

tor on pro

[Commencement by executor or administrator, as ante, 101.]-For that whereas the said defendant, heretofore, and in the life-time of the said E. F. since deceased, 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 thereby then and there promised to pay, two months after the date thereof, to the said E. F. or order, the sum of £50 for value received; by means whereof, and by force of the Statute in such case made and provided, he the said defendant then and there became liable to pay to the said E. F. 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, and in the life-time of the said E. F. to wit, on the day and year aforesaid, at, &c. aforesaid, undertook, and faithfully promised the said E. F. to pay him the said sum of money in the said promissory note specified, according to the tenor and effect of the said note.-[Add counts on the consideration of the note, and all the money counts, and account stated, laying the promises to the deceased, and conclude with the breach at suit of an executor, and profert, as ante, 110, or the breach at suit of an administrator, and profert, as ante, 110. If it be material to prove a promise since the death, add counts accordingly.]

[Same as in the last precedent, to the words "to the damage, &c." at the end of the breach, and then proceed as follows:] And also for that whereas the said defendant, heretofore, and in the life-time of the said E. F. to wit, on, mise since &c. aforesaid, at, &c. aforesaid, made his certain other promissory note in the death writing, bearing date the day and year last aforesaid, and thereby then and [141] there promised to pay, two months after the date thereof, to the said E. F. or

order, the sum of £50 for value received, and then and there delivered the said last-mentioned promissory note to the said E. F.; by means whereof, and by force of the Statute in that case made and provided, the said defendant then and there became liable to pay to the said E. F. the said sum of money in the said last-mentioned promissory note specified, according to the tenor and effect of the said last-mentioned promissory note; and being so liable,

(e) As to actions by and against executors, see ante, vol. i. 12.

(f) As to this count, see 3 East, 409.Willes' Rep. 29. Some precedents state the proving the will formally, as ante, 129, 130,

and post, next precedent. It is dangerous to insert this count unless there has been some express promise since the death, as it subjects the plaintiffs to costs, see 9 B. & Cres. 166.-Ante, 102, n. (z).

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