T directed, and wherein the said R R requested the said T, upon sight of the order or note aforesaid, to pay to the said P, or his order £5, and to place the same to the account of him, the said R R, and the said P thereafterwards, to wit, on the same day and year, showed to the said T the said order and note and requested the said T to pay him, the said P, the said £5, and the said T then and there had sight of the said order and note aforesaid, yet the said T, not regarding his promise and undertaking aforesaid, but contriving and fraudulently intending, the said P in this behalf subtilely and artfully to deceive and defraud, though often requested, has never paid to the said P the said £5, or any part thereof, or in any other manner satisfied him therefor, but hitherto hath altogether refused to pay him the same, and still refuses.

2. In consideration that plaintiff had procured an order from A A, defendant promised to pay.

And also whereas the said P, thereafterwards, on the same day, had procured an order of one A A, in writing, under the hand and with the name of the same A A subscribed, and to the said E directed, and wherein the said A A had requested the said E, upon sight of the same order or note to pay him the said P, or his order, £5, and to place the same to the account of the said A A, he, the said E, in consideration thereof, thereafterwards, on the same day undertook and to the said P then and there faithfully promised that he, the said E, would well and faithfully pay and satisfy the said £5 last mentioned, to the said P, when he should thereunto afterwards be requested; yet the said E, his promise and undertaking aforesaid, last mentioned, not regarding, but contriving and fraudulently intending the said P, in this behalf, subtilely and artfully to deceive and defraud, the said £5 last mentioned to the said E, though to this by the said P, on &c., and often afterwards, at &c., requested, has never paid, nor in any manner whatever satisfied, but hitherto hath refused to pay the said P the said sum, and yet refuses. To the damage &c. 2 Vent. 69, 70.

NOTE. On demurrer to this declaration it was objected, that it was not sufficiently shown, that the defendant was indebted to A A, and if not, then there was no consideration for the promise: 2, That it was not alleged, that the plaintiff procured the note at the request of the defendant: 3, That there was no special request to pay. But the objections were all overruled. 2 Vent. 71, 74. (MSS.)

For not collecting a demand whereby the same became barred by the statute of limitations.

1st COUNT.

On a promise to collect or sue, &c. in a reasonable time. For that the said plaintiff, at a place called B, to wit, at &c. aforesaid, on &c., delivered to the said T a certain promissory note, given by one A A of &c., to said plaintiff, dated at &c., of the amount of eight pounds, equal to twenty-six dollars and sixty-seven cents, more than fifteen months before an action on said note would be barred by the several statutes of limitations of this Commonwealth limiting personal actions. And the said T, in consideration that the said plaintiff then and there promised the said T, to pay him as much money as the said T reasonably deserved to have, for the performance of his promise hereafter mentioned, then and there promised the plaintiff to put the said note in suit, or otherwise to procure the amount thereof of the said A A, for the said plaintiff, in a reasonable time; yet, though the plaintiff, from the time of delivering the said note, until the present time, has been and now is ready to perform all things on his part to be performed, the said T, unmindful of his promise aforesaid, and intending to defraud and injure the plaintiff in this behalf, has wholly neglected to put the said note in suit, or otherwise to procure the amount thereof of the said A A for the plaintiff, before an action thereon was barred by the said statutes, whereby the plaintiff has wholly lost all the money due thereon.

2d COUNT.-On a promise to sue or return, &c.

And for that the said plaintiff, at a place called B, to wit, at &c. aforesaid, on &c., delivered to the said E another certain promissory note, signed by one B B, and given by him to said plaintiff, dated &c., of the amount of £7, 4s. equal to $24, and also an account of said plaintiff's against one C C to the amount of £12, 9s., equal to $41 and fifty cents, more than fifteen months before an action, on said note and account, would be barred by the several statutes of this Commonwealth limiting personal actions; and the said E, in consideration that the said plaintiff then and there promised the said E, to pay him as much money as he reasonably deserved to have for the performance of his promise hereafter mentioned, then and there promised the plaintiff to put the said note and account in suit for him, in a reasonable time,

and if he recovered the amount, then to pay the same over to the said plaintiff, or if he did not put them in suit, to return the same to the said plaintiff within a reasonable time; yet though the said plaintiff, from the time of delivering the said note and account, until the present time, has been and now is, ready to perform all things on his part to be performed, the said E unmindful of his promise aforesaid, and intending to injure and defraud the plaintiff in this behalf, wholly neglected to put the said note and account in suit for the plaintiff, before the actions thereon were barred by the statutes of limitations of this Commonwealth, nor has he ever returned the said note and account to the plaintiff, nor has he recovered the amount or any part thereof, and paid the same to said plaintiff, by reason whereof and of the statutes aforesaid, said plaintiff has wholly lost all the moneys due on said note and account.

3d COUNT.- For not suing or returning, in a reasonable time; stated differently.

And for that the said T, at a place called B, to wit, at &c., on &c., in consideration that the plaintiff had then and there, at said T's request, delivered to the said T a certain other note of hand signed by B B, bearing date &c., in and by which note said B B promised the plaintiff to pay him the sum of £7, 4s., of the value, as the plaintiff avers, of $24, on demand, and also another account of the plaintiff against C C, amounting to £12, 9s. of the value of $41 and fifty cents, as the plaintiff avers, payable to the plaintiff by the said C C, on demand, which sums of money, the plaintiff avers, were then justly due to him, as aforesaid, to put the same securities in suit, and collect the moneys due thereon, and pay the same over to the plaintiff in a reasonable time, deducting therefrom his, the said T's, expenses, or return the same securities to the plaintiff in a reasonable time, if the said T should not put them in suit, he, the said T, promised the plaintiff that he would either put the said securities in suit, in a reasonable time, and upon the recovery of the moneys due thereon, pay the same over to the plaintiff in a reasonable time, deducting his, the said T's, expenses, in the premises, or that he, the said T, would return to the plaintiff in a reasonable time, the same securities, in case he should not put the same in suit. Now the plaintiff avers, that the said T in no wise regarding his promise aforesaid, never put the said securities in suit, never

recovered the moneys due thereon, nor ever redelivered the same to the plaintiff, but unreasonably detained them in his, the said T's own possession, until all legal remedy thereupon was barred by lapse of time, by reason whereof the plaintiff hath wholly lost all benefit of the said securities, and all the moneys due thereon.

4th COUNT. On a promise to collect, or sue, or return, &c., in a reasonable time, &c.

And for that the said T, thereafterwards, on &c., in consideration that the plaintiff had then and there, at said T's request, delivered him one other note of hand, signed by L L of &c., bearing date &c., in and by which the said L L promised the plaintiff to pay him £8, of the value, as the plaintiff avers, of $23 and twenty-seven cents, to collect the contents of the same for the said plaintiff in a reasonable time, and to put the same in suit in a reasonable time, if the said T could not collect the contents without, and to pay over the said contents in a reasonable time to the said plaintiff, if collected or recovered by the said T, deducting therefrom his, the said T's expenses and costs of suit, he, the said T, promised the plaintiff, that he, the said T, would collect the said contents in a reasonable time, if he could, and would, in a reasonable time, put the same note in suit, if he could not collect the said contents without, and that upon recovering the said contents, he would pay the same to the plaintiff in a reasonable time, deducting the costs of suit, and his, the said T's, reasonable expenses in the premises. Now the plaintiff avers, that the said T, disregarding his said promise, never recovered the contents of the said note, and never put the same in suit, though he well might, but detained the same in his possession a long and unreasonable time, until all legal remedy thereupon was barred by lapse of time, by reason whereof the plaintiff hath wholly lost all benefit of said note and of the money due thereon. Putnam v. Vinal, S. J. C, Essex, 1798.

Against an innholder for suffering plaintiff's horse to stray away, &c.

For that whereas, according to the law and custom of the land, the innkeepers that keep common inns to lodge travellers therein, who abide in the same, are bound to keep their goods and chattels, being within those inns, day and night without diminution, pilfering, or loss, so that no damage or loss may happen to any such travellers, or such

guests, for want of due care in such innkeepers or their servants; and the said plaintiff, on &c., at &c., being lodged in the inn of the said T, had a certain gelding, of the value of $-, within that inn, and delivered the same to the said T, then and there to be safely kept; nevertheless, the said T, knowing the said gelding to be within his inn, the same day and place, did so negligently keep said gelding, that the said gelding, for want of safe keeping thereof, by the said T, and his servants, went forth and wandered from the said inn; whereby the said plaintiff not only lost the use and profit of the said gelding in going on his said journey, in doing necessary and important business, but the same thereby remained undone; and the said plaintiff expended and laid out divers sums of money, not only by reason of the want of his said horse, but also the said plaintiff always, from the said day &c., lost the use and benefit of his said gelding. And the said T hath not delivered to the said plaintiff, his said gelding, although the said T, on &c., at &c., was thereto requested, but hitherto hath refused, and still doth refuse so to do, or make him any satisfaction for the same &c. Mod. Ent. 144.

For the rights and liabilities of innholders, and of travellers and guests. See the Tract on that subject in the Law Summary, p. 373. 1st COUNT. For deceit in the delivery of goods sent to the East Indies, pursuant to an order, which goods were accepted by the defendant with out the knowledge of the nature and quality of the goods, which by the order, were to be the best of different sorts, but some were of an inferior quality, and some damaged by improper package, whereby the plaintiff was forced to sell at a less price, &c.

For that on &c., at &c., in consideration that the plaintiff at the request of the said D, would buy of the said D certain goods &c., pursuant to an order, in that behalf, to be sent to Bengal &c., for the purpose of sale, the said D then and there undertook and faithfully promised the plaintiff to fulfil the said order with the best goods of the sundry sorts therein specified, all in such marketable condition as to reach Bengal aforesaid, in a perfect saleabl state, sea and ship hazard excepted; and the said plaintiff, confiding in the said promise and undertaking of the said D, afterwards on &c., at &c., did buy such goods as aforesaid of the said D. And although the said D afterwards, on &c., at &c., did deliver unto the said plaintiff certain goods, packed as and for the goods specified in the said order, and as pursuant to the said order, which were then and there accepted by the