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money amounting," &c.) amounting in the whole to a largc IX. to pay sum of money to wit, the sum of -. of lawful money of for goods cold

. Great Britain, and that although the said credit and the time for payment of the price of the said goods, by the said E F to the said A B hath long since elapsed, yet the said E F hath not (although often requested so to do) as yet paid the said sum of 2. or any part thereof, but hath hitherto wholly neglected and refused so to do, to wit, at, &c. aforesaid, of all which said premises the said C D afterwards, to wit, on, &c, aforesaid, there had notice. Yet the said C D, not regarding his said promise and undertaking, but contriving, &c. hath not as yet accounted to him the said A B or paid him the said sum of money or any part thereof, for the said goods, or any part thereof, (although he the said C D afterwards, to wit, on, &c. at, &c. aforesaid, was requested by the said A B so to do,) and hath hitherto wholly neglected and refused, and still wholly neglects and refuses so to do, and the said sum of --. still remains wholly due and unpaid to the said A B, to wit, at, &c. aforesaid. [* Add

* 88 such special counts as may be necessary, varying the statement of the promise, and of the averments, so as to meet the evidence, and if there be any doubt whether the defendant be immediately liable, add counts for goods bargained and sold-and sold and delivered-money had and received and on an account stated.]

For that whereas heretofore, to wit, on, &c. at, &c. in consi- 10. By acceptderation that the said A B for the accommodation and at the of exchange

or of a bill special, &c. of the said C D, would accept a certain bill of ex

for the ac

commodation change in writing, bearing date the day and year aforesaid, and of defendant

for not provimade and drawn by the said C D on the said A B, and where- ding money

for payment thereof, &e.

(5) (3) Sce a similar action and the illegal, 8 T, R. 186. When the debt pleadings, 3 Wils. Si6. A contract to of the principal has been paid by the indemnity is generally implied, as on surety, a common count for money the part of a defendant to indemnify paid is sufficient ; but when a surety a person who becomes bail for him, has not actually paid the debt in mo3 Wils. 262. or surety for him at his acy, but has only given security for it, request, 2 T. R. 105. 7 T. R. 568. or he has sustained any costs or da2B. & P. 268. If the thing to be done mage, the declaration should be spebe obviously illegal, no contract to cial, 3 East, 169. $ T. R. 610.7 indemnify can be implied, but other. T. R294. vise where the act is not apparently

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X. To intem, by the said C D required the said A B two months after the nify.

date thereof, to pay to the order of him the said C D, the sum
of 501. as for value received,(n) and would deliver the same
so accepted to the said CD, in order that he the said CD
might negotiate the same for his own proper use and benefit,
he the said C D undertook, and then and there faithfully pro-
mised the said A B to provide money for the payment of the
said bill of exchange when the same should become due
and payable, and to indemnify and save harmless the said
A B from any loss or damage, for or by reason of his ac-
ceptance of the said bill of exchange as aforesaid, and the
said A B avers, that he, confiding in the said promise and
*undertaking of the said C D did afterwards, to wit, on, &c.
at, &c. aforesaid, accept the said bill of exchange, and deliver
the same so accepted to the said C D, for the purpose aforesaid,
and although the said bill of exchange so accepted as aforesaid,
was afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid,
negotiated by the said C D for his own proper use and benefit,
and the same hath long since become due and payable, to wit,
at, &c. aforesaid. Yet the said Č D not regarding his said
promise and undertaking, but contriving and fraudulently in-
tending craftily and subtly to deceive, &c. in this behalf, did
not, nor would provide money for the payment of the said bill
of exchange when the same became due and payable, nor in-
demnify or save harmless him the said A B from any loss or
damage, for or by reason of his acceptance of the said bill of
exchange as aforesaid, but wholly neglected and refused so to
do. By means and in consequence whereof, the said A B, as
such acceptor of the said bill of exchange as aforesaid, after-
wards, to wit, on, &c. at, &c. aforesaid, was called upon, and
forced, and obliged to pay, and did then and there pay to one

the holder thereof, the said sum of money in the said bill of exchange specified, together with certain interest thereon, and the costs of a certain action before then brought on the said bill of exchange by the said -, before then brought in the court of our said lord the king, of -, against the said A B, in the whole amounting to a large sum of mo

(h) The bill of exchange is to be described according to its legal effect.

ney, to wit, the sum of -. of lawful, &c. and by means of x. To indenia the said several premises the said A B hath been and is dam- nify. nified to the amount thereof, to wit, at, &c. aforesaid. [Add all the money counts and account stated and common breach applicable to those counts.]

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For that whereas heretofore, to wit, on, &c.(i) at, &c. in 11. For ngt

marrying consideration that the said A B being then and there isole and

First count, unmarried, at the special, &c. of the said C D had then and to marry up

on request. there undertaken, and faithfully promised the said C D to mar-(k) him the said CD when she the said A B should be there

* 90 unto afterwards requested, he the said C D undertook, and then and there faithfully promised the said A B to marry her the said A B, when he the said C D should be thereunto afterwards requested, and the said A B avers, that she, confiding in the said promise and undertaking of the said C D, hath always from thence hitherto remained and continued, and still is, sole and unmarried, and hath been, for and during all the time aforesaid, and still is, ready and willing to marry him the said CD, to wit, at, &c. aforesaid.t (If the defendant have married another woman, no request need be averred, but at the obelisk tħe following allegation should be inserted : “ Yet the said C D not regarding, &c. but contriving, &c. after the making of his said promise and undertaking, to wit, on, &c. at, &c. aforesaid, wrongfully and injuriously married a certain other person, to wit, one — -, contrary to his said promise and undertaking, to wit, at, &c. aforesaid.” [The other counts will vary accordingly.) And although the said A B, after the

This day is not material. a man against a woman. Carth. 467. (k) See the precedents in 2 1 Salk. 24. 5 Mod. 511. It is not Wentw. 487 to 192. and Index to vol. 2. necessary that the time of marriage This action is sustainable only where should be specified. Carth. 467. A the contract to marry is mutual, 1 Roll. promise to marry is not within the Abr. 22. 1. 5. i Sid. 180. i Lev. 147. statute of frauds, 3 Lev. 65. 1 Ld Carth. 467. And though one of the Raym. 316. Bull. N. P. 280. It is parties be an infant, yet the contract necessary to shew mutual promises to marry will be obligatory on the in the declaration. If the promise other side, 2 Stra. 937. Bac. Abr. were to marry on a particular day, it Infant. The action is sustainable by should be so described in one couat. VOL. II.

[11]

XI. For not making of the said promise and undertaking of the said CD, marrying

to wit, on, &c. at, &c. aforesaid, requested the said C D to marry her the said A B. Yet the said C D not regarding his

said promise and undertaking, but contriving and fraudulently * 91

intending *craftily and subtly to deceive and injure the said A B in this respect, did not, nor would, at the said time when he was so requested as aforesaid, or at any time before or afterwards, marry her the said A B, but hath hitherto wholly neg. lected and refused, and still doth neglect and refuse so to do.

Second count, to marry in a reasonable time.

And whereas also heretofore, to wit, on, &c. aforesaid, at, &c. aforesaid, in consideration that the said A B being then and there unmarried, at the like special instance and request of the said C D, had then and there undertaken, and faithfully promised the said C D to marry him the said C D, he the said C D undertook, and then and there faithfully promised the said A B to marry her the said A B in a reasonable time then next following. And the said A B avers, that she, confiding in the said last-mentioned promise and undertaking of the said CD, hath always hitherto remained and continued, and still is, sole and unmarried, and hath been, for and during all the time last aforesaid, and still is, ready and willing to marry the said C D, to wit, at, &c. aforesaid, and although a reasonable time for the said C D to marry her the said A B, hath elapsed since the making of the said last-mentioned promise and undertaking of the said C D. Yet the said CD, not regarding his said lastmentioned promise and undertaking, but contriving, &c. [as in the first count) did not, nor would, within such reasonable time as aforesaid, or at any time afterwards, marry her the said A B, but hath hitherto wholly neglected and refused so to do.

Third count, to marry perally,

And whereas also heretofore, to wit, on, &c. at, &c. aforesaid, in consideration that the said A B being then and there sole and unmarried, at the like special instance, &c. had then and there undertaken, and faithfully promised the said C D to marry him the said C D, he the said C D undertook, and then and there faithfully promised the said A B to marry her the said A B, and the said A B avers, that she, confiding in the said last-mentioned promise and undertaking of the said CD,

* 92

hath always from thence hitherto remained and continued, and xl. For not still is, sole and unmarried, and hath been, for and during all marrying". the time last aforesaid, and still is, ready and willing to marry him the said CD, to wit, at, &c. aforesaid, and although a reasonable time for the said C D to marry the said A B hath elapsed since the making of the said last-mentioned promise and undertaking last aforesaid. And although the said A B, after the making of the said last-mentioned promise and undertaking of the said CD, to wit, on, &c. at, &c. aforesaid, requested the said C D to marry her the said A B. Yet the said C D not regarding his said last-mentioned promise and undertaking, but contriving, and fraudulently intending craftily and subtly to deceive and defraud the said A B in this respect, did not, nor would, at the said time when he was so requested, as last aforesaid, or at any time before or afterwards, marry the said A B, but on the contrary thereof, he the said C D at the said time when he was so requested as last aforesaid, wholly · refused then or ever to marry her the said A B, to wit, at, &c. aforesaid. To the damage, &c.

For that whereas heretofore, to wit, on, &c. at, &c. in con- 12. For not sideration that the said A B at the special, &c. had then and hired servant

receiving a there agreed with the said C D to enter into the service of the into defend

ant's service. said C D as a lady's maid, and would serve her the said C D () in that capacity, at certain wages, after the rate of . a year, to be therefore paid by the said C D to the said A B during her continuance in such service, she the said C D undertook, and then and there *faithfully promised the said A B to receive her into the service of the said C D in the capacity aforesaid, and to retain and employ her in such service at the wages aforesaid. And the said A B avers, that she, confiding in the said promise and undertaking of the said C D, hath always been ready and willing to enter into the service of the said C D, in the capacity aforesaid, and to serve her the said C D in that capacity for the wages aforesaid. And although the said A B

* 93

(1) See precedents, 2 Wentw. 505 where the defendant has refused to 531. Index to vol. 2. Where the to employ the plaintiff, the declaraservice has been actually performed, tion must be special, 2 East, 145. the declaration may be for work and Cowp. 437. Esp. Rep. 77. labour generally, Fitz. 302. but

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