Bills of Exchange,

which period hath now elapsed, and the defendant then and there accepted the said bill, but did not pay the same when due; and the said bill being due, and the amount thereof in arrear, the defendant, after the death of the said G. H., to wit, on [&c.] at [&c.] in consideration of the premises, promised the plaintiff, as executor as aforesaid, to pay him the amount thereof, on request; and, whereas, also, the said defendant, in the lifetime of the said G. H., to wit, on [&c.] at [&c.] was indebted to the said G. H., in dollars, for the price

and value of goods and chattels, then and there sold and delivered by the said G. H. to the defendant, at his request, and in [&c.] [proceed with common counts in the mode directed in the last form ;] and the said last mentioned several moneys being due and unpaid, the defendant, after the death of the said. G. H., to wit, on [&c.] at [&c.] in consideration of the premises respectively, promised the plaintiff, as executor as aforesaid, to pay the last mentioned several moneys respectively to the plaintiff, as executor as aforesaid, on request; yet the defendant hath disregarded his promises, and hath not paid any of the said moneys, or any part thereof, to the plaintiff. To the damage of the plaintiff, as executor as aforesaid, of dollars, and, therefore, he brings his suit, [&c. conclude with profert, as ante, p. 190, Form 2.]

22. By Administrator of Drawer against Acceptor.

Commencement as antc, p. 190. Form 1.] For that, whereas, the said G. H., in his lifetime, to wit, on [&c. proceed as in the two last forms, attending to the directions there given as to counts on promises to the plaintiff, &c., and using the word "administrator" instead of "executor:" add profert, as ante, p. 190.]

23. By the Drawer, &c., against the Executor or Administrator of the Acceptor.

Commencement as directed ante, p. 193, describing defendant's representative character.] For that, whereas, the said plaintiff heretofore, in the lifetime of the said G. H., to wit, on [&c.] at [&c.] made his bill of exchange in writing, and directed the same to the said G. H., and thereby required the said G. H. to pay to him, the said plaintiff, dollars, two months after the date thereof, which period has now elapsed; and the said G. H. then and there accepted the said bill, and promised the plaintiff to pay him the said bill, according to the tenor and effect of the said bill, and the said acceptance thereof; and, whereas, also, the said G. H., in his lifetime, to wit, on [&c.] at [&c.] was indebted to the plaintiff in the sum of dollars, for the price

and value of goods and chattels then and there sold and delivered by the said plaintiff, to the said G. H., at his request, and in [&c.] [adding common

Bills of Exchange.

counts, ante, p. 216, in same style as above;] and the said G. H., in his lifetime, to wit, on the day and year aforesaid, at the county aforesaid, in consideration of the premises respectively, promised to pay the last mentioned moneys respectively, to the plaintiff on request; yet the said G. H., in his lifetime, and the defendant, executor as aforesaid, since the death of the said G. H., have respectively disregarded the said promises, and neither of them hath paid any of the said moneys, or any part thereof. To the plaintiff's damage of dollars; and therefore he brings his suit, &c. If there be evidence of an admission or promise by defendant, since the testator's death, and it be material to prove it, declare accordingly; see forms, ante. It will be necessary to aver that G. H. was indebted, &c., as above, and then that "the moneys being due, defendant, as executor as aforesaid, after the death, to wit, on [&c.] at [&c.] promised [&c.], but hath not paid," [&c.]

24. By Indorsee of Executor of Drawer against Acceptor.

The form will be as ante, p. 240, No. 4, except that instead of the common indorsement by the drawer to the plaintiff, the following should be inserted:-"And the plaintiff saith, that heretofore, to wit, on

[the date of the will, but the exact day is not material] at said county, the said G. H., [the drawer] made his last will and testament in writing, and thereby then and there appointed E. F. executor thereof; and the said G. H. afterwards, and after the drawing of the said bill, to wit on [exact day not material] at said county, died, and the said will was afterwards, to wit, on [&c.] admitted to probate by the Court of Common Pleas of county, Ohio, and the said E. F. took upon himself the burthen of the execution thereof, and became, and was duly qualified as executor as aforesaid, and as such executor afterwards, to wit, on [&c.] at [&c.] indorsed the said bill to the plaintiff." [A profert of the will is not necessary.](g)

25. By Indorsee of Administrator of Drawer against Acceptor.

See last form, and observations thercon. The indorsement will be thus: -"And the plaintiff saith, that afterwards, to wit, on [exact day immaterial] at said county, the said G. H. [the drawer] died intestate: and afterwards, to wit, on [&c. the date of letters of administration, but the precise day is not material] at [&c.] administration of all and singular the goods and estate, which were of the said G. H., deceased, at the time of his death, was duly granted in due form of law, by the Court of Common Pleas of county, Ohio, to one E. F.; and the said E. F., as such administrator, afterwards, to wit, on [&c.] at [&c.] indorsed the said bill to the said plaintiff.

(g) Willes, 559.

Bills of Exchange.

26. By the Commissioner of Insolvents (the Insolvent Debtor the Drawer) against Acceptor.

Commencement, as ante, p. 193, Form 11.] For that, whereas, the said E. F., heretofore, and before he, the said E. F., applied for his discharge, &c., according to the provisions of the said laws, to wit, on [&c.] at [&c.] made his bill of exchange, in writing, and directed the same to the defendant, and thereby required the defendant to pay to him, the said E. F., dollars, two months after the date thereof, which period has now elapsed. And the defendant then and there, and before the said E. F. made his said application, as aforesaid, accepted the said bill, and promised the said E. F. to pay the same according to the tenor and effect thereof, and of the said acceptance thereof. [Here add common counts and breach, thus:] And, whereas, also, the defendant, before the said E. F. made his application aforesaid, to wit, on [&c.] at [&c.] was indebted to the said E. F. in dollars, for the price and value of goods and chattels then and there sold and delivered by the said E. F., to the defendant, on request, and in, [&c., proceed in like manner with common counts, ante, p. 216.] And, thereupon, the said last mentioned moneys being unpaid, the defendant after the said E. F. made his said application and assignment aforesaid, to wit, on [&c.] at [&c.] in consideration of the premises, promised the plaintiff as commissioner and assignee, as aforesaid, to pay the moneys last mentioned, respectively, to the plaintiff, as commissioner and assignee aforesaid, on request. Yet the defendant hath disregarded his promises, and hath not paid any of the said moneys, or any part thereof; to the damage of the plaintiff as commissioner and assignee, as aforesaid, of dollars, and, therefore, he brings his suit, &c.

27. By the surviving Drawer against the Acceptor. (t)

Commencement, ante, p. 181 to 188.] For that, whereas, the plaintiff, and one E. F., since deceased, in the lifetime of the said E. F., to wit, on [&c.] at [&c.] made their bill of exchange, in writing, and directed the same to the defendant, and thereby required the defendant to pay to the plaintiff, and the said E. F., dollars, two months after the date thereof, which period has now elapsed. And the defendant then and there accepted the said bill, and promised the plaintiff, and the said E. F., since deceased, to pay the same according to the tenor and effect thereof, and of the said acceptance thereof. [Add common counts, ante, p. 216, laying the debt and promise to the said "plaintiff, and E. F., since deceased," and the breach that defendant "hath not paid any of the moneys to them, or either of them, in the lifetime of the said E. F., or to the plaintiff, since the death of E. F." If expedient, under

(t) See ante, p. 43.

Bills of Exchange.

the circumstances, add counts laying promises to the plaintiff as the survivor, otherwise such promises are not proveable.

28. By Husband and Wife, on a Bill drawn by and payable to the Wife before marriage, against the Acceptor.

Commencement as directed ante, p. 193.] For that, whereas, the said E., whilst she was unmarried, to wit, on [&c.] at [&c.] made her bill of exchange, in writing, and directed the same to the defendant, and thereby required the defendant to pay to her, the said E., dollars, two months after the date thereof, which period has now elapsed, and the defendant then and there accepted the said bill, and promised the said E., whilst she was unmarried, to pay the same according to the tenor and effect thereof, and of the said acceptance thereof. [Add common count, laying the debt and promise to pay the last mentioned moneys, "to the said E., whilst she was unmarried," and the breach in not paying “any of the said moneys to the said E. whilst she was unmarried, or to the plaintiffs, or either of them, since their intermarriage, to the damage of the plaintiffs," &c. The declaration may, if expedient, under the circumstances, charge that the debts were due to the wife dum sola, and lay the promises to the plaintiffs since their intermarriage.

29. Against Husband and Wife, on Bill accepted by her before Marriage.

Commencement against defendant," and E., his wife, (see ante, p. 193) as ante, p. 181 to 188.] For that, whereas, G. H., whilst the said E. was unmarried, to wit, on [&c.] at [&c.] made his bill of exchange, in writing, and directed the same to the said E. whilst she was unmarried, and thereby required the said E., to pay to the said G. H. or order, dollars, two months after

the date thereof, which period has now elapsed; and the said E., whilst she was unmarried, then and there accepted the said bill; and the said G. H. then and there indorsed the same on one I. K., who then and there indorsed the same to the plaintiff; and the said E., whilst she was unmarried, then and there promised the plaintiff to pay him the amount of the said bill, according to the tenor and effect thereof, and of the said acceptance and indorsements. [Add common counts, ante, p. 216, charging that "the said E., whilst she was unmarried, was indebted, &c., and laying a promise by her, whilst unmarried, to pay the last mentioned moneys; and breach, "that E., whilst unmarried, and defendants, since their intermarriage, have, respectively, disregarded the said promises, and have not, nor hath either of them, paid any of the said moneys," &c. A count laying a promise by both the defendants, since their marriage, cannot be inserted.

Bills of Exchange.

30. Drawer or Indorsee against Acceptor of a Foreign Bill. (u)

Commencement as ante, p. 181 to 188.] For that, whereas, the said plaintiff [or one E. F.] on [&c.,] at said county of [venue], made his bill of exchange,