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8. The like, by and against particular Persons. [See the forms as to Executors, post, Book 3, Purt 2, Chap. 5; as to Bankrupts, see id. Chap. 9; as to Infants, see id. 7.]

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9. Common Indebitatus Count in Assumpsit for Goods sold, Work and

Materials, Monies lent, 8c., Interest and Account stated. [Commence as in the preceding forms, Nos. 5, 7, or 8, as the case may require.] For that whereas (or if it be not the first count say, “ And whereas also "), the defendant on the indebted to the plaintiff in £- for (&c. here state uny cause of uction you may have recoverable under the indebitatus count. If you have arrested the defendant for work done in any particular character, such as attorney or otherwise, or for any other cause of action recoverable under this count, you should include a statement of the cause of action in the declaration, similar to that in the affidavit. (See the various forms of statements of causes of action in affidavits to hold to bail

, post, which may be readily made applicable to the form of the declaration). The follossing is the short form for goods sold and delivered, work and materials, monies lent, paid, had and received, interest, and on an account stated. And in £ for) the price and value of goods (or “goods and chattels,"] sold and delivered (or “bargained and sold”] by the plaintiff to the defendant, at his request: and in £- for work done, and materials for the same provided by the plaintiff for the defendant, at his request : And in £— for money lent by the plaintiff to the defendant at his request: And in &- for money paid by the plaintiff for the use of the defendant, at his request : And in £- for money received by the defendant for the use of the plaintiff'. And in £- for interest, for the forbearance by the plaintiff to the defendant, at his request, for divers spaces of time then elapsed, of money due and owing from the defendant to the plaintiff: And in £- for money found to be due from the defendant to the plaintiff on an account then (a) stated between them*. And the defendant afterwards, on the day and year aforesaid, in consideration of the [last-mentioned (b)] premises, respectively promised the plaintiff to pay the said (last-mentioned (6)] several monies respectively to the plaintiff

, on request: Yet the defendant hath disregarded his [last-mentioned (b)] promises, and hath not paid any of the said [last-mentioned (c)] monies, or any part thereof. To the damage of the plaintiff of £therefore he brings suit, &c.

[See 1 Chit. Ar. Pr. 146, 8c.]

and

10. Indebitatus Count in Debt. (Commencement as usual in debt, as ante, No. 5, then proceed as in the preceding form to the ", and then thus :) which said several sums were to be respectively paid by the defendant to the plaintiff on request, whereby and by reason of the non-payment thereof an action hath accrued to the

(a) The allegation of time appears (c) If there is another count or to be unnecessary even in the account counts, for instance on a bill or note, stated, Leaf v. Lees, 7 Dowl. 189. and there is no breach already alleged

(b) If there is another count al- thereto, then omit these words “lastleging a promise, let these words "last- mentioned.” mentioned " be inserted.

plaintiff to demand and have of and from the defendant the said several sums respectively, amounting together to and being the said sum above demanded: Yet the defendant hath not paid the said sum above demanded, or any part thereof. To the damage of the plaintiff of £-, and therefore he brings suit, &c.

11. Declaration in Assumpsit, by Payee against Maker of a Promissory

Note. For that whereas the defendant, on the

day of

-, A.D. made his promissory note in writing, and thereby promised to pay to the plaintiff £

months after the date thereof, which period had elapsed before the commencement of this suit (a): and then delivered the said note to the plaintiff, and promised the plaintiff to pay the same according to the tenor and effect thereof : Yet the defendant hath disregarded his said promise, and hath not paid the said note or any part thereof: To the plaintiff's damage of £ and therefore he brings suit, &c. (1/ the case render it expedient, add an indebitatus count on the considerution for the bill, and on an account stated, and breach, us ante, 27, No. 9; at all events take care to insert a breach.]

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12. The like, in Debt (6). For that whereas the defendant, on the day of —, A. D. made his promissory note in writing, and thereby promised to pay to the plaintiff £—, for value received (c), – months after the date thereof, which period had elapsed before the commencement of this suit (u); and then delivered the said note to the plaintiff : And the defendant did not pay the said note on the day when it became due, or at any time afterwards, whereby and by reason of the non-payment thereof an action hath accrued to the plaintiff

, to demand and have of and from the defendant the said sum above demanded: Yet the defendant hath not paid the said sum above demanded, or any part thereof: To the damage of the plaintiff of £10, and therefore he brings suit, &c. [If the case renuler it expedient, add an indebitatus count in debt on the consideration for the bill, and on an account stated, und breach, us suprà, No. 10.]

13. The like, in Assumpsit, by Payee ugainst Maker on a Note payable on

Demund (d). For that whereas the defendant, on the

day of made his promissory note in writing, and thereby promised to pay to the plaintiff £- on demand. [If the case render it expedient, udd un in

A.D.

(a) The words in the rule of court (1.T. I Will. 4,) are," which period has nou elapsed," but as the form in that rule is given as an example, the words used in the text may be adopted, and are more strictly correct, although either will suffice.

(b) As to what is a count in debt, see Cloves v. Williams, 3 Bing. N. C. 869; Compton y. Taylor, 6 Dowl. 660.

(c) If these words“ value re.

ceived,"or some equivalent expression, be not in the note, it is doubtful whe. ther debt will lie ; Cresswell v. Crisp, 2 Dowl. 635. The Court of Exchequer in Ireland has held that it will; Kinahan v. Palmer, 2 Jones Rep. Ex. Ir. 131. And Alderson, B. in Compton v. Taylor, ubi supra, seems to have been of the same opinion.

(d) A note payable on demand is payable immediately; see Norton v. Eliam, 2 M. & W. 461.

debitatus count on the consideration for the bill, and on an account stated, end breach, &c. as ante, 27; at all events take care to insert a breach, for which see the form, ante, 27, No. 9.]

14. The like, on a Note payable at a Banker's. For that whereas the defendant, on the day of — A. D. made his promissory note in writing, and thereby promised to pay to the plaintiff at Messrs. B. B. and Co.'s, bankers, London, (as in the note,) £ — months after the date thereof, which period had elapsed before the commencement of this suit; and then delivered the said note to the plaintiff

, and promised the plaintiff to pay the same according to the tenor and effect thereof : But the said Messrs. B. B. and Co. did not por did the defendant or any other person pay the said note, although the same was presented at the said Messrs. B. B. and Co.'s, bankers, London, aforesaid, on the day when it became due: Of all which the defendant then had notice. (If the case render it erpedient, add an indebitatus count on the consideration for the note and on an account stated, and breach, as ante, 27, No. 9; at all events take care to insert a breach.]

15. The like, on a Note payable after Sight(a). For that whereas the defendant, on the day of —, A. D. made his promissory note in writing, and thereby promised to pay to the plaintiff

months after sight thereof; and then delivered the said note to the plaintiff, and promised the plaintiff to pay the same according to the tenor and effect thereof: And the plaintiff avers, that afterwards, on the day and year aforesaid, the defendant had sight of the said note, and that months from such sight had elapsed before the commencement of this suit. [If the case render it erpedient, add an indebitatus count on the consideration for the note, and on an account stated, and breach, as ante, 27, No. 9; at all events take care to insert a breach.]

16. The like, on a Note for less than Five Pounds (6). For that whereas the defendant, on, &c. at [120, Whitechapel Road,] made his promissory note in writing, and signed the same in the presence of W. w., who then duly attested such signature, and subscribed his name as a witness thereto: and the defendant thereby promised to pay to the plaintiff

, by the name and description of —, of (being the name and then place of abode of the plaintiff

, to whom the money in the said note specified was to be paid,) four pounds,

days after the date thereof, which period had elapsed before the commencement of this suit; and then delivered the said note to the plaintiff, and promised the plaintiff to pay the same according to the tenor and effect thereof. [If ihe case render it erpedient, add an indebitatus count on the consideration for the note and on an account stated, and breach, as ante, 27, No. 9; at all events take care to insert a breach.]

(a) See Diron v. Nuttall, 4 Tyr. 1014; 1 C. M. & R., S.C.

(b) See 7 Geo. 4, c. 6; 17 Geo. 3,

c. 30. Quære, whether a count in the ordinary form would not suffice; see Steph. Pl. 401.

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17. The like, on a Note payable by Instalments, where the Whole became

due upon one Default. For that whereas the defendant, on the made his promissory note in writing, and thereby promised to pay to the plaintiff £25 by the instalments and in manner following; (that is to say) £10 on the day of then next, £10 on the day of then next, and the remaining £5 on the

day of

then next; and that in case default should be made in payment of any or either of the said instalments, the whole of the said sum of £25, or as much thereof as should be remaining unpaid at the time of such default, should become due and payable; and the defendant, on the day and year first aforesaid, delivered the said note to the plaintiff, and promised the plaintiff to pay the same according to the tenor and effect thereof: And the plaintiff avers, that afterwards, on the day of —, A. D.

default was made by the defendant in payment of the first of the said instalments, whereby, and according to the tenor and effect of the said note, the defendant became liable to pay to the plaintiff the said sum of £25, on request. [If the case render it expedient, add an indebitatus count on the consideration for the note and on an account stated, and breach, as ante, 27, No. 9; at all events take care to insert a breach.]

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A. D.

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18. The like, where all Instalments are due by Lapse of Time. For that whereas the defendant, on the made his promissory note in writing, and thereby promised to pay to the plaintiff £25, by the instalments and in manner following: (that is to say) £10 on the day of — then next, £10 on the then next, and the remaining £5 on the

then next; and the defendant, on the day and year first aforesaid, delivered the said note to the plaintiff, and promised the plaintiff to pay the same according to the tenor and effect thereof: And the plaintiff avers, that the several times for payment of the said several instalments had respectively elapsed before the commencement of this suit. [If the case render it expedient, add an indebitatus count on the consideration for the note and on an account stated, and breach, as ante, 27, No. 9; at all events take care to insert a breach.]

A. D.

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19. Thelike, on Note payable by Instalments, where Whole not due on one

Default. For that whereas the defendant, on the

day of
made his promissory note in writing, and thereby promised to pay to the
plaintiff £25, by the instalments and in manner following ; (that is to say)
£10 on the

day of -
then next, £10 on the

day of then next, and the remaining £5 on the

day of

then next; and the defendant, on the day and year first aforesaid, delivered the said note to the plaintiff, and promised the plaintiff to pay the same according to the tenor and effect thereof: And the plaintiff avers, that afterwards, and before the commencement of this suit, on the day of —, A. D. the first of the said instalments of £10 became and was due and payable from the defendant to the plaintiff, according to the tenor and effect of the said note. [If the case render it expedient, add an indebitatus count on the consideration for the note and on an account stated, as ante, 27, No. 9; at all events insert a breach.]

20. Declaration in Assumpsit, by Indorsee against Maker. For that whereas the defendant, on the - day of, A. D. made bis promissory note in writing, and thereby promised to pay to the erder of E. F. £

months after the date thereof, which period had elapsed before the commencement of this suit; and then delivered the said note to the said E. F., who then indorsed the same [“ to one G. H., who then indorsed the same," so stating any other indorsement,] to the plaintif: And the defendant then promised the plaintiff to pay bim the amount of the said note, according to the tenor and effect thereof and of the said indorsements. [If the case render it expedient, add a count on an account stated and breach, as ante, 27, No. 9; at all events insert a breach.]

day of

A. D.

21. The like, by Indorsee against Payee. For that whereas one E. F., on the

-, made his promissory note in writing, and thereby promised to pay to the order of the defendant £-, months after the date thereof, which period had elapsed before the commencement of this suit: and then delivered the said note to the defendant, who then indorsed the same to the plaintiff : And the said E. F. did not pay the said note, although the same was presented to him on the day when it became due: Of which the defendant then had due notice: And the defendant then, in consideration of the premises, promised the plaintiff to pay him the amount of the said note when he the defendant should be thereunto afterwards requested. [If the case render it expedient, add an indebitatus count on the consideration for the note and on an account stated, and breach, us ante, 27, No. 9; at all cents insert a breach.)

A. D.

22. The like, by an Indorsee against Payee, averring that Maker had no

Effects, to dispense with Notice of Non-payment. For that whereas one E. F., on the

day of

made his promissory note in writing, and thereby promised to pay to the order of the defendant

months after the date thereof, which period had elapsed before the commencement of this suit; and then delivered the said note to the defendant, who then indorsed the same to the plaintiff : And the said E. F. did not pay the said note, although the same was presented to him on the day when it became due : And the plaintiff avers, that at the time of making the said note, and from thence until the time when the same was so presented for payment, the said E. F. had not any effects of the defendant, nor had the said E. F. received any consideration for the making or paying of the said note, nor hath the defendant sustained any damage by reason of his not having had notice of the non-payment thereof: Of which the defendant then had due Dotice : And the defendant then, in consideration of the premises, promised the plaintiff to pay him the amount of the said note when he the defendant should be thereunto afterwards requested. [If the case render it erpedient, add an indebitatus count on the consideration for the note und on an account stated, and breach, us ante, 27, No. 9; at all events insert a breach.]

23. The like, by Indorsee against Indorser. For that whereas one E. F., on the

made his promissory note in writing, and thereby promised to pay to the order

day of

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A.D.

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