Relating to the charac ter, &c. and labour, &c. before that time done, &c. for the said E, and at * 51 THIRDLY ASSIGNEES. (to wit.) A and B, assignees of the estate and effects of CD, a bankrupt, according to the force, form and effect of the several statutes concerning bankrupts, complain of (2) This form of declaring without setting out the petitioning creditor's debt, commission, &c. is settled to be good, Lutw. 274. 277. and 1 B. & P. 448. 2 Lord Raym. 1548. Carth. When an assignee has been re moved, the last assignee may sue as V. Relating to the charac ter, &c. * 52 Breach. 86. The like On promises as EF being, &c. For that whereas the said E F, on, &c. at, &c. was indebted to the said CD, before he became bankrupt, in the sum of. of lawful, &c. for the work and labour, &c. of the said CD, by the said CD before that time dope, &c. for the said E F, and at his special instance, &c. and being so indebted, he the said E F, in consideration thereof, afterwards, and before the said C D became bankrupt, to wit, on, &c. aforesaid, at, &c. aforesaid, undertook, &c. The quantum meruit is as follows: And whereas also, afterwards, and before the said CD became bankrupt, to wit, on, &c. aforesaid, at, &c aforesaid, in consideration that the said CD, at the like special instance, &c. had before that time done, &c. and the said A and B, assignees as aforesaid aver, that the said C D, before he became bankrupt, therefore reasonably deserved to have, &c. whereof, &c. Yet the said E F, not regarding, &c. but contriving, &c. to deceive and defraud the said CD, before he became bankrupt, and the said A and B, as assignees as aforesaid, since the said CD became bankrupt, 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 CD, before he became bankrupt, or to the said A and B, assignees as aforesaid, or either of them, since the said CD became bankrupt, (although often requested so to do.) But he to do this hath hitherto wholly refused, and still refuses to pay the same, or any part thereof to the said A and B, as assignees as aforesaid.† To the damage of the said. A and B as assignees aforesaid, of . and therefore they bring their suit, &c. Pledges, &c. As to the joinder of different counts in an action by assignees, see 3 T. R. 433. 779. When there has been any promise or ac-. knowledgment to the assignees, or cause of action accruing after the act of bankruptcy, it may be expedient at the obelisk to add the following counts: And whereas also, the said CD before the said E F beto the came bankrupt, to wit, on, &c. at, &c. was indebted to the said signees after E F in the further sum of of like lawful *money for the the bankruptwork and labour, care and diligence, of the said E F, by him the said E F, before that time done, performed and bestowed, in and about the business of the said CD, and for the said C D, cy. * 53 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 E F, before that time sold and delivered to the said CD, and at his like special instance and request, and also in the further sum of. of like lawful mo ney, v. Relating to the charuc. ter, &c. for money by the said E F before that lent and advanced to, and paid, laid out and expended for the said CD, 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 C D, before that time had and received, to and for the use of the sad E F, and being so indebted, and the said several sums of money in this count mentioned, being and remaining wholly due and unpaid, he the said CD, in consideration thereof afterwards, and after the said E F became bankrupt, to wit, on, &c. at, &c. aforesaid, undertook and then and there faithfully promised the said A and B as assignees as aforesaid, to pay them the said several sums of money in this count mentioned, when he the said CD should be thereunto afterwards requested.(w) And whereas also the said C D, afterwards, to wit, on, Account stated. &c. last aforesaid, at, &c. aforesaid, accounted with the said A and B as assignees as aforesaid, of and concerning divers other sums of money from the said CD to the said A B as assignee, as aforesaid, before that time due and owing and then in arrear and unpaid, and upon that accounting the said CD was then and there found to be in arrear, and indebted to the said A and B as assignees as aforesaid, in the further sum of —. of like lawful money, and being so found in arrear and indebted, and the said last-mentioned *sum of money being and remaining wholly unpaid and unsatisfied, he the said C D, in consideration thereof afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said A and B as assignees as aforesaid, to pay them the said sum of money last mentioned, whenever afterwards he the said CD should be thereunto requested. Yet the said CD Breach. not regarding his said several three(x) last-mentioned pro (w) If the assignees have in that character sold goods to the defendant, or he has since the bankruptcy received money for their use, here add counts for goods sold by them as assignees, or for money had and reVOL. II. ceived to their use as assignees, as to (x) According to the number of * 54 to the character, &c. V. Relating mises and undertakings, but contriving and fraudulently intending craftily and subtly to deceive and defraud the said A and B as assignees as aforesaid in this respect, hath not yet paid the said 'several sums of money in the last three counts mentioned, or either of them, or any part thereof to the said A and B, assignees as aforesaid (although often requested so to do.) But the said CD to pay the same or any part thereof hath hitherto altogether refused and still doth refuse. To the damage of the said A and B as assignees as aforesaid, of . and therefore they bring their suit, &c. 87. By a surviving assignee. 88. By one partner and the assignee of another, being bankrupt, for work and labour be fore the bankruptcy.(y) Pledges, &c. If the plaintiff be a surviving assignee, call him so throughout, and conclude as follows: "Yet the said E F not regarding, &c. but contriving, &c. to deceive and defraud the said CD before he became bankrupt, and the said A and one B in his life-time, now deceased, and whom the said A hath survived, (which said A and B in the life-time of the said B were assignees of the estate and effects of the said C D according to the force, form and effect of the several statutes concerning bankrupts,) after the said CD became bankrupt, and the said as surviving assignee as aforesaid, since the death of the said B hath not as yet paid to them, or any or either of them, the said several sums of money, &c. (as in the precedent 85. page 52.) A B and C D (which said CD is assignee of the estate and effects of E F, a bankrupt, according to the force, *form and effect of the several statutes concerning bankrupts) complain of G H being, &c. For that whereas the said G H on, &c. at, &c. was indebted to the said A B and E F, before the said E F became bankrupt, in the sum of -. of lawful, &c. for the * 55 work and labour, &c. by the said A B and E F, before that time done, &c. and being so indebted, he the said G H, in consideration thereof afterwards, and before the said E F became bankrupt, to wit, on, &c. aforesaid, at, &c. undertook, &c. [laying the promises to both the partners. Yet the said G H Breach. to the charuc ter, &c. not regarding, &c. but contriving, &c. to deceive and defraud V. Relating the said AB and E F, before the said E F became bankrupt, and the said A B and C D (which said C D is assignee as aforesaid) after the said E F became a bankrupt in this behalf, hath not as yet paid to them, or any, or either of them, the said several sums of money, or any, or either of them, or any part thereof (although often requested so to do.) But he to do this hath hitherto wholly refused and still refuses to pay the same or any part thereof to the said A B and C D, (which said CD is assignee as aforesaid.) To the damage of the said A B and to the said CD as assignee as aforesaid of. and therefore they bring their suit, &c. FOURTHLY-EXECUTORS. 89. By an exework or goods sold, &c. on promises to the testator. cutor for * 56 (to wit.) A B, executor of the last will and testament of E F deceased, complains of C D being, &c. For that whereas the said CD on, &c. at, &c. was indebted to the said E F in his life-time, in the sum of. of lawful, &c. for the work and labour of the said E F, by the said E F before that time done, &c. and being so indebted, &c. (laying the promise to the said E F in his life-time.) The quantum meruit is 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 E F had before that time done, &c. And the said A B, executor as aforesaid, avers, that the said EF in his life-time, therefore reasonably deserved to have, &c. whereof, &c. Yet the said CD not regarding, &c. but con- Breach. triving, &c. to deceive and defraud the said E F in his lifetime; and the said A B as executor as aforesaid, 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 E F in his life-time, or to the said A B, executor as aforesaid, since the death of the said E F; (although often requested so to do;) but he to do this hath bitherto wholly refused, and still refuses to pay the same, or any part thereof, to the said A B, executor as aforesaid. To the damage of the said A B, as executor as aforesaid, of -1. and there |