services.

65. As a surgeon, apothecary, and man midwife.

* 40

The indebitatus count is as ante, 5. inserting these words: III. Respect ing personal "for the work and labour, care, diligence and attendance of the said A B, by him the said A B before that time done, performed and bestowed, as a surgeon, apothecary and manmidwife, at the special, &c. in and about the visiting and attending upon EF, the wife of the said CD, then pregnant and labouring with child, and languishing under divers sicknesses. and maladies, and in and about the delivering of the said E F, of the child with which she was then pregnant, and in and about the healing and curing of the said E F, the wife of the said CD, of divers disorders, sicknesses and maladies, with which she was during the time aforesaid and afterwards afflicted, and for divers medicines and other necessary things before that time found and provided, and used, and applied by the said A B, in and about the healing and curing the said E F, the wife of the said CD, of the said sicknesses, disorders and maladies, at the like special instance, &c. and being so indebted," &c. (Conclusion is as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time done, performed and bestowed, other his work and labour, care and diligence as a surgeon, apothecary, and manmidwife, in and about the visiting and attending upon the said E F, the wife of the said C D, then pregnant and labouring with child, and languishing under divers sicknesses and maladies, and in and about the delivering of the said E F, of the child with which she was then pregnant, and in and about the healing and curing of the said E F, the wife of the said C D, of divers other disorders, sicknesses, and maladies, with which she was, during the time last aforesaid, and afterwards afflicted, and had also at the like special instance, &c. before that time found and provided, and used, and applied divers other medicines and necessary things in and about the healing and curing of the said E F, the wife of the said C D, of the said last-mentioned sicknesses, disorders and maladies, he the said CD undertook," &c. [Add one indebitatus count for work generally one ditto for goods sold--money paid--account stated and breach.]

1

III. Respecting personal

services.

66. As a

nurse.

*41

67. As an undertaker of funerals.

The indebitatus count is as ante, 5. inserting these words: for the work and labour, care and diligence of the said A B, by her the said A B before that time done, performed and bestowed, as a nurse for the said C D, and at his special, &c. in and about the nursing, attending, and taking *care of the said CD, (or "of divers persons,”") whilst he was sick and labouring under divers diseases, disorders and maladies, and being so indebted," &c. (Conclusion as ante 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time donc, performed and bestowed, other her work and labour, care and diligence as a nurse, in and about the nursing, attending and taking care of the said C D, whilst he was sick and labouring under divers other diseases, disorders, and maladics, he the said C D undertook," &c. (Conclusion as ante, 6.)

The indebitatus count is as ante, 5. inserting these words: ❝for the work and labour, care, diligence and attendance of the said A B as an undertaker of funerals, before that time done, performed and bestowed by the said A B and his servants, in and about the funeral of one E F, on the retainer, and at the special instance, &c. and for divers materials and other necessary things used and applied in and about the furnishing and conducting the said funeral, by the said AB, before that time found and provided for the said CD, and at his like special, &c. and being so indebted," &c. (Conclusion as ante, 5.). The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time done, performed and bestowed other his work, &c. as an undertaker of funerals, by himself and his servants, in and about the funeral of the said E F, and had also at the like special, &c. before that time found and provided divers other materials and necessary things, for the said CD, and used and applied the same in and about the furnishing and conducting of the said last-mentioned funeral, he the said CD undertook," &c. (Conclusion as ante, 6.) [Add one indebitatus, for work and labour generally-one ditto for goods sold→→→ money paid-account stated, and breach.]

services.

68. As a; curate.(i)

The indebitatus count is as ante, 5. inserting these words: III. Respect"for the work and labour, care, diligence and attendance of ing personal the said B, by him the said AB before that time done and performed, &c. in preaching and celebrating divine service in the parochial church of -, for the said C D, and at his special instance, &c. and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time done and performed, &c. other his work and labour, care, diligence and attendance, in preaching and celebrating divine service in the parochial church of &c. aforesaid, for the said CD, he the said CD undertook," &c. (Conclusion as ante, 6.)

FOURTHLY-RESPECTING MONIES.

ney lent.

The indebitatus count is as ante, 5. inserting these words: 69. For 'mo"for so much money, by the said A B before that time lent and advanced to the said C D, at his special instance and request. And being so indebted, &c. (Conclusion, as ante, 5.)

The indebitatus count is as ante, 5. inserting these words: 70. Money " for so much money by the said AB before that time paid, paid.

laid out and expended, to and for the use of the said C D, at

his like special instance and request. And being so indebted," &c. (Conclusion as ante, 5.)

ceived.

The indebitatus count is as ante, 5. inserting these words: 71. Money "for so much money by the said CD before that time had had and reand received to and for the use of the said A B, and being so indebted," &c. (Conclusion as ante, 5.)

rest:

The indebitatus count is as ante, 5. inserting these words: 72. For intè"for so much money before that time, and then due and payable from the said C D to the said A B, for interest upon and for the forbearance of divers large sums of money before then

(i) See Cowp. 437. Doug. 14. 1 T. R. 390. 3 Wentw. 68.

111. Respect- lent and advanced by the said A B to the said *C D, at his ing personal services. special instance and request, and by him the said A B forborne to the said CD for divers long spaces of time, before then elapsed, at the like special instance and request of the said C D, and also for other money before that time and then due and payable from the said C D to the said A B, for interest upon and for the forbearance of divers other large sums of money before then due and owing from the said C D to the said A B, and by him the said A B forborne to the said C D for divers long spaces of time before then elapsed, at the like special instance and request of the said CD. And being so indebted, he the said CD," &c. (Conclusion as ante, 5.)

73. For work, goods sold, and оп the money counts

The indebitatus count is as ante, 5. inserting these words : "for the work and labour, care and diligence of the said A B, in one count. by him the said A B before that time done, performed and (j) bestowed, in and about the business of the said CD, and for the said CD, and at his special instance and request, and also in the further sum of. of like lawful money, for divers goods, wares and merchandise, by the said A B before that time sold and delivered to the said C D, and at his like special instance and request, and also in the further sum of —. of like lawful money, for money by the said AB, before that time lent and advanced to, and paid, laid out and expended for the said C D, and at his like special instance and request, and also in the further sum ofl. of like lawful money, for other money by the said C D before that time had and received to and for the use of the said A B, and being so indebted, he the said CD, in consideration thereof afterwards, to wit, on, &c. *aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said A B to pay him the said several sums of money in this count mentioned, when he the said C D should be thereunto afterwards requested."

* 44

(j) This count is to precede the account stated and breach. In order to avoid expense it may frequently be advisable, especially against a prisoner, to adopt this count, which is recommended in 2 Saund. 122. a. n. 2. and is clearly sustainable, see Cro

Jac. 245. Yelv. 175. 1 Brownl. Ent. 71.2 Bl. Rep. 910. See vol. 1. tit. Declarations; any number of causes of actions, to which the indebitatus count is applicable, may be included in one count.

And whereas also the said CD afterwards, to wit, on, &c. IV. Respecting Monies. last aforesaid, at, &c. aforesaid, accounted with the said A B, of 74. On an acand concerning divers other sums of money from the said CD count stated. to the said AB before that time due and owing, and then in arrear and unpaid, and upon such accounting the said CD was then and there found to be in arrear and indebted to the said A Bin the further sum of 7. of like lawful money, and being so found in arrear and indebted, &c. (Conclusion as ante, 5.)

Nevertheless the said C D, not regarding his said several 75. Common breach.(k) promises and undertakings, but contriving and fraudulently intending, craftily and subtly to deceive and defraud the said A B, in this behalf, hath not as yet paid the said several sums of money, or any, or either of them, or any part thereof, to the said AB, (although often requested so to do,)(?) or "although he the said CD afterwards, to wit, on, &c. aforesaid, was requested by the said A B so to do.")(m) But the said CD to pay him the same hath hitherto wholly neglected and refused, and still doth neglect and refuse. To the damage of the said A B of. and therefore he brings his suit, &c.

John Doe,

* 45

*V. RELATING TO THE CHARACTER IN WHICH THE PLAINTIFF SUES OR THE DEFENDANT IS SUED.

FIRST-PARTNERS.

Markham and Le Blanc.

Hilary Term, 47 Geo. III.(n)

Middlesex, (to wit.) A B complains of C D, being, &c. For that whereas the said C D in the life-time of one E F, since

(k) This breach, from the language of it, is obviously only applicable to counts on promises to pay money. Therefore special counts not being confined to money demands in general, respectively contain a separate breach.

requisitus, Com. Dig. tit. Pleader, C.

70.

(m) Sometimes this special re quest is necessary, see Com. Dig. tit. Pleader, C. 69, 70. 1 Saund. 33. n. 2. (n) Ante, 1. n. (a).

(0) As to this count, see 2 Saund.

(1) This is termed the licet sæpius 121, 122. 5 Esp. Rep. 32. Vin. Abr.

tit. Partners, D.

76. By a sur viving partner, on pro

mises to both partners.(0)