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ter, &'c.

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and labour, &c. before that time done, &c. for the said E, and at 7. Relating

to the charac her special instance, &c. and being so indebted, she the said E, in consideration thereof afterwards, and whilst she the said E was sole and *unmarried, to wit, on, &c. aforesaid, at, &c. aforesaid, undertook, &c. The quantum meruit thercon is as follows : And whereas also afterwards, and whilst the said E was sole and unmarried, to wit, &c. aforesaid, at, &c. aforesaid, in consideration that the said A B, at the like special instance, &c. had before that time done, &c. for the said E, she the said E undertook, &c. and the said A Bavers, that he therefore reasonably deserved to have of the said E whilst she was sole and unmarried, the farther sum, &c. whereof the said E afterwards, and whilst she was sole and unmarried, to wit, on, &c. there had no

: [add the monies and uccount stated by the feme before marriage :] Yet the said E, whilst she was sole and unmarried, and Breaek. the said C D and- E, since their intermarriage, not regarding the said several promises and undertakings of the said E, 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 A B, the said E, whilst she was sole and unmarried, wholly refused, and the said C D, and E his wife, have ever since their intermarriage, hitherto wholly refused, and still refuse so to do. [It may be advisable in some cases here to add counts on promises since the marriage.] To the damage of the said A B, &c.

tice:

THIRDLY-ASSIGNEES.

(to wit.) A and B, assignees of the estate and ef- 85. By the fects of C D, a bankrupt, according to the force, form and ef- assignees of a

bankrupt, for fect of the several statutes concerning bankrupts, complain of work before

the bankruptcy.(a)

(u) This form of declaring without moved, the last assignee may sue as setting out the petitioning creditor's assignee generally, without naming debt, commission, &c. is settled to be the former assignee, 5 Geo. II. c. 30. good, Lutw. 274. 277. and 1 B. & P. S. 31. When assignees should de448. 2 Lord Raym. 1548. Carth. clare without naming themselves age 2. When an assignee has been re- signees, see Cowp. 569.

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V. Relatinz E F being, &c. For that whereas the said E F,on, &c. at, &c. was to the character, &c.

indebted to the said C D, before *he became bankrupt, in the sum of -. of lawful, &c. for the work and labour, &c. of the said C D, by the said C D before that time done, &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, Breach.

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 C D, before he became bankrupt, and the said A and B, as assignees as aforesaid, since the said C D 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 C D, before he became bankrupt, or to the said A and B; assignees as aforesaid, or either of them, since the said C D 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 -1. 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 :

as

86. The like And whereas also, the said CD before the said E F beou promises to

the came bankrupt, to wit, on, &c. at, &c. was indebted to the said signees after E F in the further sum of 1. of like lawful *money for the the bankrupt

work 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 CD,

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and at his special instance and request, and also in the further v. Relating

to tre charuc. sum of -. of like lawful money, for divers goods, wares and

ter, &r. merchandise, by the said E F, 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 ofl. of like lawful money, for money by the said E F before that 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 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 then the said several sums of money in this count mentioned, when be the said C D should be thereunto afterwards requested.(w) And whereas also the said C D, afterwards, to wit, on, Account sta&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 C D 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 C D 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 suin of money being and remaining wholly unpaid and unsatisfied, be 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 suid A and B as assignees as aforesaid, to pay them the said sum of money last mentioned, whenever afterwards he the said C D should be thereunto requested. Yet the said C D Breach. not regarding his said several three(x) last-mentioned pro

ted.

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(2) If the assignees have in that ceived to their use as assignees, as to character sold goods to the defendant, the propriety of which counts see 2 or he has since the bankruptcy re. Show. 250. 6 East, 405. ceived money for their use, here adı! (1) According to the number of counts for goods sold by them as as counts in which the pron;ises are signees, or for money had and re- laid to the assignees. VOL. II.

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V. Relating mises and undertakings, but contriving and fraudulently intendto the character, &c.

ing 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 C D 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 -land therefore they bring their suit, &c.

Pledges, &c.

87. By a surviving as signee.

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 C D became bankrupt, and the said A 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.)

88. By one

A B and C D (which said C D is assignee of the estate and partner and the assignee

effects of E F, a bankrupt, according to the force, *form and of another, effect of the several statutes concerning bankrupts) complain being bank rupt, for work of G H being, &c. For that whereas the said G H on, &c. ats fore the banks &c. was indebted to the said A B and E F, before the said ruptcy:(y)

E F became bankrupt, in the sum of -. of lawful, &c. for the 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. Breach.

(laying the promises to both the partners.] Yet the said G H

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(y) See 12 Mod. 447

not regarding, &c. but contriving, &c. to deceive and defraud . Relatiny

to the characthe said A B and E F, before the said E F became bankrupt, ter, &c. 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 C D is assignee as aforesaid.) To the damage of the said A B and to the said C D as assignee as aforesaid of --. and therefore they bring their suit, &c.

FOURTHLI-EXECUTORS.

cutor

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-> (to wit.) A B, executor of the last will and testa- 89. By an exement of E F deceased, complains of C D being, &c. For work or goods

for that whereas the said C D on, &c. at, &c. was indebted to the sold, &c. on

promises to said E F in his life-time, in the sum of . of lawful, &c. for the testator. 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 E F in his life-time, therefore reasonably deserved to have, &c. whercof, &c. Yet the said C D 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 AB, executor as aforesaid, since the death of the said EF; (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, executor as aforesaid.t To the damage of the said A B, as executor as aforesaid, of . and there

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