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V. Relating deceased, to wit, on, &c. at, &c. was indebted to the said A B to the charac- and the said E F, in the sum of . of lawful, &c. for the ter, &c.

work and labour, &c. of the said A B and E F, by the said
A B and E F before that time done, performed and bestow-
ed, for the said C D, and at his special instance, &c. (Any.
other debt, as for goods sold," &c. is to be described in the
same manner.) And being so indebted, he the said C D, in
consideration thereof, afterwards, and in the life-time of the
said E ?', to wit, on, &c. aforesaid, at, &c. aforesaid, under-
took, &c. (laying the promises to both the partners as ante, 5.)
The quantum meruit is as follows: And whereas also after-
wards, and in the life-time of the said E F, sioce deceased,
to wit, on, &c. aforesaid, at, &c. aforesaid, in consideration
that the said A B and E F, at the like special instance, &c.
had before that time done, &c. [Here state the subject matter
of the debt, and the promise to have been made to both the part-
ners.] And the said A B avers, that he and the said E F in
his life-time, therefore reasonably deserved to have, &c. (as
ante, 6.) whereof the said C D afterwards, and in the life-time
of the said E F, to wit, on, &c. aforesaid, there had notice.-
[Here insert the account stated, with both the partners, and the
promise to them; and if the transaction be for goods sold, Sc.

or on the money counts, such counts are to be framed as'above.] 77. Breach. Nevertheless the said CD not regarding, &c. (ut *ante,

breach p. 44.) but contriving, &c. to deceive and defraud the said A B and E F, in the life-time of the said E F, and the said A B since the death of the said E F 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 A B and E F, or either of them, in the life-time of the said E F, or to the said A B since the death of the said E F; (although often requested so to do ;) but he to do this hath hitherto wholly re*fused, and still doth refuse.f To the damage of the said A B of -l, and therefore he brings his suit, &c. Pledges, &c.

N. B. If the debt be considerable, or the deceased part

ner has been dead six years; or it may on any other account be advisable for the plaintiff to avail himself of a promise or acknowlegment to him since the death of his partner, insert at the above obelisk, before the conclusion, the following counts. See 3 East, 409.

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ter, &c.

And whereas also the said C D afterwards, and in the life- V. Relating

to the clubetime of the said E P deceased, to wit, on, &c. aforesaid, at, &c. aforesaid, was indebted to the said A B and to the said 78. Counts E F, in the further sum of -l. of like lawful money, for to the sur

op promises the work and labour, care and diligence, of the said A B and viving part

ner to pay the said E F, by them before that time done, performed and debts due be

fore the bestowed, for the said C D, and at his special, &c. and also in death. the further sum of -. of like lawful money, for divers goods, wares and merchandise, by the said A B and the said EF, now deceased, before that time sold and delivered to the said CD, and at his like special, &c. and also in the further sum of -lo of like lawful money, for money by the said A B and the said E F, 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 of -. of like lawful money, for other money by the said CD, before that time had and received, to and for the use of the said A B and the said E F. And the said C D being so indebted, and the said several sums of money in this count mentioned, being and remaining wholly due, *unpaid, and unsatisfied, he the said C D in consideration thereof afterwards, and after the death of the said E F, to wit, on, &c. 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. [Add the account stated with the plaintiff of monies due to him only, and in the breach refer only to the counts in which the promises are stated to have been made to the plaintiff alone, and conclude as usual,] to the damage of AB only.

N. B. If the plaintiff declare in other counts, as he may, 79. Counts (5 T. R. 493. | Esp. Rep. 47. 27. R. 476. 6 T. R. 582.) for work, &c.

on promises for money due to him after the death of his partner, and on a con

by the plain, tract merely with himself, insert those counts after the conclusion to the others, at the obelisk, or if the last set of counts be also inserted, introduce the following counts immediately before the last account stated.

And whereas also the said CD, after the death of the said & F, to wit, on, &c. at, &c. was indebted to the said 4 B,

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tiff only.

V. Relating &c. [Proceed in the usual form at the suit of one plaintiff to the churuc.

only, making the conclusion to these counts only, and not noticing E F.]

ler, &c.

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80. Against Middlesex, (to wit.) A B complains of C D, being, &c. a surviving partner for

For that whereas the said C D and one E F, in his life-time, goods sold, &c.(P)

now deceased, and whom the said C D hath survived, on, &c. at, &c. were indebted to the said A B, &c. for the work and labour, &c. of the said A B, by the said A B before that time done, &c. for the said C D and E F, at their special instance, &c. and being so indebted, they the said C D and E F, in consideration thereof, afterwards, and in the life-time of the said EF, *to wit, on, &c. aforesaid, at, &c. aforesaid, undertook, &c. (Quantum meruit as follows :) And whereas also afterwards, and in the life-time of the said E F, to wit, on, &c. aforesaid, at, &c. aforesaid, in consideration that the said A B, at the like special instance and request of the said C D and E F, had before that time done, &c. for the said C D and E F, they the said CD and E F undertook, &c. and the said A B avers, that he therefore reasonably deserved to have of the said CD and E F, the further sum, &c. whereof the said

C D and E F, afterwards, and in the life-time of the said E F, 81. Brcach. on, &c. aforesaid, there had notice. Nevertheless the said

C D and E F, in the life-time of the said EP and the said CD, since the death of the said E l', not regarding their said several promises, &c. but contriving, &c. have not, nor hath either of them as yet paid, &c. (although often requested so to do. But to pay the same or any part thereof, to the said AB, the said C D and E F in the life-time of the said E F, wholly refused, and the said C D hath ever since the death of the said ? F, hitherto wholly refused and still refuses so to do. [Sce the N. B. at the obelisk, ante, frage 46. It may be advisable here to insert the following counts on promises by the surviving partner, which may be joined ;(q)] to the damage, &c.

(P) As to these counts, Comb. (9) 5 T. R. 495. 1 Esp. Rep. 17. 383. Vin. Abr. tit. Partners, D. 2 2 T. R. 476. 6 T. R. 582. T. R. 178. 6 T.R. 363.

ter, &c.

* 49

And whereas, also, the said C D and E Fafterwards, and in V. Relating

to the characthe life-time of the said E F, now deceased, to wit. on. &c. aforesaid, at. &c. aforesaid, were indebted to the said A B in the further 82. Counts

on promises sum of -. of like lawful money, for the work and labour, care by defendant

the and diligence of the said A B by him the said A B before that after

death of his time done, performed and bestowed, in and about the business partuer. of the said C D and EF, and for the said C D and E F, and at their special instance and request, also in the further sum of z. 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 E F, at their like special instance and request; and also in the further sum of -l. of like lawful money, for money by the said A B before that time lent and advanced to, and paid, laid out and expended, for the said C D and E F, and at their like special instance and request; and also in the further sum of -. of like lawful money, for other money by the said C D and E F, before that time had and received to and for the use of the said A B, and being so indebted, and the said several sums of money in this count mentioned, being and remaining wholly due and owing, unpaid and unsatisfied, he the said C D, in consideration thereof afterwards. and after the death of the said E F, to wit, on, &c. at, &c. aforesaid, undertook, and then and there faithfully promised the said A B to pay him the said sum of money in this count mentioned when he the said C D should be thereunto afterwards requested.(r)

SECONDLY-HUSBAND AND WIFE.

-, (to wit.) A B, and C his wife, complain of D E, be- 83. By barou ing, &c. For that whereas the said D Е, whilst the said C'was work, &c. or

and feme for sole and unmarried, to wit, on, &c. at, &c. was indebted to the goods sold by

the feme be said C in the sum ofl. of lawful, &c. for the work and labour fore marriage. of the said C, by her the said C before that time done, &c. for

(r) If there be any demand for. count stated and breach applicable goods, &c. sold to the defendant since only to the counts founded on the dethe death of his partner, here insert fendant's promise alone. counts accordingly, not noticing the (s) Whenever the wife joins, her deceased, and conclude with the ac- interest must appear, 2 Bl. Rep. 1236.

ter, &c.

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V. Relating the said D E, and at his special instance, &c. (or “ for divers to the charac

goods, wares and merchandise, by the said C before that time sold and delivered to the said D Е,&c.) and being so indebted, he the said D Е, in consideration thereof afterwards, and whilst the said C was sole and unmarried, to wit, on, &c. aforesaid, *at, &c. aforesaid, undertook, &c. the said C to pay her the said sum of money, when he the said D E should be thereunto afterwards requested. The quantum meruit thereon is as follows: And whereas also afterwards, and whilst the said C was sole and unmarried, to wit, on, &c. aforesaid, at, &c. aforesaid, in consideration that the said C, at the like special instance, &c. had before that time done, &c. he the said DE undertook, &c. the said C to pay her so much money as she, &c. And the said A B, and C his wife, avers that the said C, whilst she was sole and unmarried, therefore reasonably de

served to have, &c. whereof, &c. [Add the money counts and Breach. the account statedwith the feme before marriage.] Yet the

said D E not regarding, Sc. but contriving, &c. to deceive and defraud the said C whilst she was sole and unmarried, and the said A B, and C his wife, since their intermarriage, in this behalf, hath not as yet paid the said sums of money, or any part thereof, to the said C, whilst she was sole and unmarried, or to the said A B, and C his wife,(t) or either of them, since their intermarriage, (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 A B, and C his wife. [It may be advisable in some cases here to add counts on promises since the marriage.] To the damage of the said A B, and C his wife, of -. and therefore they bring their suit, &c.

Pledges, &c.

1

94. Againsi

(to wit.) A B complains of C D, and E his wife, bebarn and feme for work ing, &c. For that whereas the said E, whilst she was sole and done for feme before mar. unmarried, to wit, on, &c. at, &c. was indebted, &c. for the work riage.

(1) As to the language of the breach, Vent. 119. 2 Rich. C. P. 293. 3. Wils. 208. 1 d. Raym. 281. I

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