Sidebilder
PDF
ePub

The indebitatus count is as ante, 5. inserting these words : III. Respect,

ing personal “ for the work and labour, care, diligence and attendance of

services. the said A B, by him the said A B before that time done, 65. As a surperformed and bestowed, as a surgeon, apothecary and man- eary, and man midwise, at the special, &c. in and about the visiting and attend- midwife. ing upon E F, the wife of the said C D, then pregnant and labouring with child, and languishing under divers sicknesses and maladies, and in and about *the delivering of the said E F, of the child with which she was then pregnant, and in and about the healing and curing of the said E F, the wife of the said C D, of divers disorders, sicknesses and maladies, with which she was during the time aforesaid and afterwards afflicted, and for divers medicines and other necessary things before that time found and provided, and used, and applied by the said A B, in and about the healing and curing the said E F, the wife of the said C D, of the said sicknesses, disorders and maladies, at the like special instance, &c. and being so indebted,” &c. (Conclusion is as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows : “ had before that time done, performed and bestowed, other his work and labour, care and diligence as a surgeon, apothecary, and manmidwife, in and about the visiting and attending upon the said E R, the wife of the said C D, then pregnant and labouring with child, and languishing under divers sicknesses and maladies, and in and about the delivering of the said E F, of the child with which she was then pregnant, and in and about the healing and curing of the said E F, the wife of the said CD, of divers other disorders, sicknesses, and maladies, with which she was, during the time last aforesaid, and afterwards afflicted, and had also at the like special instance, &c. before that timc found and provided, and used, and applied divers other medicines and necessary things in and about the healing and curing of the said E F, the wife of the said C D, of the said last-mentioned sicknesses, disorders and maladies, he the said C D undertook,” &c. [Add one indebitarus count for work generally-one ditto for goods sold--money paid--account stated and breach.)

* 40

$

nurse.

* 41

III. Respect- The indebitatus count is as ante, 5. inserting these words : in personal « for the work and labour, care and diligence of the said A B, services 66. As a by her the said A B before that time done, performed and be

stowed, as a nurse for the said C D, and at his special, &c. in and about the nursing, attending, and taking *care of the said CD, (or “of divers persons,”) whilst he was sick and labouring under divers diseases, disorders and maladies, and being so indebted,” &c. (Conclusion as ante 5.) The quantum meruit thereon is as ante, 6. inscrting as follows : “had before that time donc, performed and bestowed, other her work and labour, care and diligence as a nurse, in and about the nursing, attending and taking care of the said C D, whilst he was sick and labouring under divers other diseases, disorders, and mala- , dics, he the said C D undertook," &c. (Conclusion as ante, 6.)

67. As an un- The indebitatus count is as ante, 5. inserting these words :
dertaker of
funerals. « for the work and labour, care, diligence and attendance of the

said A B as an undertaker of funerals, before that time done,
performed and bestowed by the said A B and his servants,
in and about the funeral of one E F, on the retainer, and at
the special instance, &c. and for divers materials and other ne-
cessary things used and applied in and about the furnishing
and conducting the said funeral, by the said A B, before that
time found and provided for the said C D, and at his like spe-
cial, &c. and being so indebted,” &c. (Conclusion as ante, 5.) .
The quantum meruit thereon is as ante, 6. inserting as follows:
“ had before that time done, performed and bestowed other
his work, &c. as an undertaker of funerals, by himself and his
servants, in and about the funeral of the said E F, and had also
at the like special, &c. before that time found and provided
divers other materials and necessary things, for the said CD,
and used and applied the same in and about the furnishing and
conducting of the said last-mentioned funeral, be the said C D
undertook," &c. (Conclusion as ante, 6.) [Add one indebita.
tus, for work and labour generally-one ditto for goods sold
money paid-account stated, and breach.]

The indebitatus count is as ante, 5. inserting these words : III. Respect“ for the work and labour, care, diligence and attendance *of inga personal

services. the said ad B, by him the said A B before that time done and 68. As a; cu

rate.(i) performed, &c. in preaching and celebrating divine service in * 42 the parochial church of for the said CD, and at his special instance, &c. and being so indebted,” &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows : “ had before that time done and performed, &c. other his work and labour, care, diligence and attendance, in preaching and celebrating divine service in the parochial church of

&c. aforesaid, for the said CD, he the said C D undertook," &c. (Conclusion as ante, 6.)

وو

FOURTHLY-RESPECTING MONIES.

The indebitatus count is as ante, 5. inserting these words : 69. For 'mo

ney

lent. s for so much money, by the said A B' before that time lent and advanced to the said C D, at his special instance and request. And being so indebted, &c. (Conclusion, as ante, 5.)

The indebitatus count is as ante, 5. inserting these words : 70. Money « for so much money by the said A B before that time paid, paid. laid out and expended, to and for the use of the said C D, at his like special instance and request. And being so indebted," &c. (Conclusion as ante, 5.)

The indebitatus count is as ante, 5. inserting these words : 71. Money “ for so much money by the said C D before that time had had and ré

ceived. and received to and for the use of the said A B, and being so indebted,” &c. (Conclusion as ante, 5.)

rest:

The indebitatus count is as ante, 5. inserting these words : 72. For intefor so much money before that time, and then due and payable from the said C D to the said A B, for interest upon and for the forbearance of divers large sums of money before then

(1) See Cowp. 437. Doug. 14. 1 T. R. 390. 3 Wentw. 68.

III. Respect- lent and advanced by the said A B to the said *C D, at his ing personal services. special instance and request, and by him the said A B forborne

to the said C D for divers long spaces of time, before then elapsed, at the like special instance and request of the said C D, and also for other money before that time and then due and payable from the said C D to the said A B, for interest upon and for the forbearance of divers other large sums of money before then due and owing from the said C D to the said A B, and by him the said A B forborne to the said C D for divers long spaces of time before then elapsed, at the like special instance and request of the said C D. And being so indebted, he the said C D," &c. (Conclusion as ante, 5.)

73. Por work, The indebitatus count is as ante, 5. inserting these words : goods sold, and on the o for the work and labour, care and diligence of the said A B, in one count. by him the said A B before that time done, performed and (1)

bestowed, in and about the business of the said CD, and for the said C D, 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 A B 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 A B, 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 -l. of like lawsul money, for other money by the said C D before that time had and received to and for the use of the said A B, and being so indebted, he the said

C D, in consideration thereof afterwards, to wit, on, &c. *afore* 44 said, at, &c. aforesaid, undertook, and then and there faithfully

promised the said 1 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.”

(1) This count is to precede the Jac. 245. Yelv. 175. 1 Brownl. Ent. account stated and breach. In or- 71.2 Bl. Rep. 910. See vol. 1. tit. Deder to avoid expense it may frequent- clarations ; any number of causes of ly be advisable, especially against a actions, to which the indebitatus prisoner, to adopt this count, which count is applicable, may be included is recommended in 2 Saand. 129. a. in one count. n. 2. and is clearly sustainable, see Cres

And whereas also the said C D afterwards, to wit, on, &c. IV. Respectlast aforesaid, at, &c. aforesaid, accounted with the said À B, of

ing Monies.

74. On an acand concerning divers other sums of money from the said C D count stated. to the said A B before that time due and owing, and then in arrear and unpaid, and upon such accounting the said C D was then and there found to be in arrear and indebted to the said A B in the further sum of -. of like lawful money, and being so found in arrear and indebted, &c. (Conclusion as ante, 5.)

Nevertheless the said C D, not regarding his said several 75. Common

breach.() promises and undertakings, but contriving and fraudulently intending, craftly and subtly to deceive and defraud the said A B, 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, (although often requested so to do,)(I) or “ although he the said CD afterwards, to wit, on, &c. aforesaid, was requested by the said A B so to do.")(m) But the said C D to pay him the same hath hitherto wholly neglected and refused, and still doth neglect and refuse. To the damage of the said A B of -. and therefore he brings his suit, &c.

John Doe,
Pledges to prosecutc,

and
Richard Roe.

*T. RELATING TO THE CHARXCTER IN WHICH THE

PLAINTIFF SUES OR THE DEFENDANT IS SUED.

* 45

FIRST--PARTNERS.

Markham and Le Blanc,

Hilary Term, 47 Geo. III.(n) Middlesex, (to wit.) A B complains of C D, being, &c. 76. By a sur:

viving partFor that whereas the said C D in the life-time of one E F, since

ner, on promises to both

partners.(o) (k) This breach, from the language requisitus, Com. Dig. tit. Pleader, C. of it, is obviously only applicable to 70. counts on promises to pay money. (m) Sometimes this special re. Therefore special counts not being quest is necessary, see Com. Dig. tit. confined to money demands in gene- Pleader, C. 69, 70. 1 Saund. 33. n. 9. ral, respectively contain a separate (12) Ante, 1. n. (a). breach.

(0) As to this count, see 2 Saund. () This is termed the liret sæpius 121, 122. 5 Esp. Rep. 32. Yin. Abr.

tit. Partners, D. VOL. II.

[6]

« ForrigeFortsett »