services. III. Respect labour, care, diligence and attendance as the agent of and for ing personal the said CD, he the said CD undertook," &c. (Conclusion as ante, 6.) [Add one count for work and labour generallyaccount stated-and breach.] 59. For work as a factor or agent in selling goods. * 35 60. As an insurance bro ker.(c) The indebitatus count is as ante, 6. inserting these words: "for the work and labour, care and diligence of the said A B, by him the said AB before that time done, performed and bestowed, as the factor and agent of the said C D, in and about the selling and disposing of divers goods, wares and merchandise of the said C D, and in and about other the business of the said C D, and for the said CD, and at his special, &c. And being so indebted," &c. (Conclusion as ante, 6.) The quantum meruit thereon is as ante, 6. inserting these words: "had before that time done, performed and bestowed, other his work and labour, care and diligence as the factor and agent of the said CD, in and about the selling and disposing of divers other goods, wares and merchandise, and in and about other the business of the said CD, and for the said CD, he the said CD undertook," &c. (Conclusion as ante, 6.) [Add one count for work and labour generally-the account stated-and breach.] *The indebitatus count is as ante, 5. inserting these words : "for the work and labour, care and diligence of the said ♬ B, by him before that time done, performed and bestowed, in and about the writing, drawing, and making out of divers policies of insurance, of divers ships and vessels, goods, wares and merchandise before that time written, drawn and made out by the said AB, as an insurance-broker, and in and about the causing and procuring divers persons to insure divers sums of money upon the said ships and vessels, goods, wares and merchandise, at the special, &c. and for divers sums of money before that time advanced and paid by the said A B for the said CD, at his like, &c. to divers persons as and for certain premiums and rewards, for the underwriting and subscribing the said policies of insurance, before that time underwritten and subscribed for the insurance of the said ships and vessels, goods, wares and merchandise during certain voyages undertaken by (c) As to these counts, see 1 Hen. Bl. 241, services. the said ships and vessels and for the trouble, care, and dili- III. Respect. gence of the said AB in that behalf, at the like special, &c. ing personal And being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "in consideration that the said A B, as such insurance-broker as aforesaid, at the like, &c. had before that time done, performed and bestowed, other his work and labour, care and diligence, in and about the writing, drawing and making out of divers other policies of insurance of divers other ships and vessels, goods, wares and merchandise, of and for the said CD, and also in and about the causing and procuring divers other persons to insure divers other sums of money upon the said ships and vessels, goods, wares and merchandise, and had also at the like, &c. advanced and paid other divers sums of mo ney for the said CD, to divers other persons as and for certain premiums and rewards for their underwriting and subscribing of the said last-mentioned policies of insurance, before that time underwritten, and subscribed by them for the insurance of divers other sums of money *upon the said last-mentioned ships and vessels, goods, wares and merchandise, during certain voyages undertaken by the said last-mentioned ships and vessels, and had also at the like, &c. bestowed other his trouble, and used other his care and diligence. He the said C D undertook," &c. (Conclusion as ante, 6.) [Add one indebitatus assumpsit count for work and labour generally-the money counts and breach.] The indebitatus count is as ante, 5. inserting these words: "for certain premiums of insurance before that time and then due and payable from the said C D to the said A B, upon, for, and in respect of his the said A B having before then, at the special instance and request of the said C D, underwritten and subscribed divers policies of insurance for and on the behalf and on the account of the said CD, for the insurance of divers large sums of money upon divers ships and vessels, and also divers goods and merchandise by the said A B, before that * 36 61. For presurance. (d) miums of in III. Respect- time insured for the said C D, and at his special instance and ing personal services. request, and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time insured divers other ships, &c. (or "divers other large sums of money upon divers other ships and vessels," &c.) for the said C D, he the said C D undertook," &c. (Conclusion as ante, 6.) 62. As a surveyor in draw nies and attendances. * 37 The indebitatus count is as ante, 5. inserting these words: ing plans, &c. "for the work and labour, care, diligence and attendance of the and for jour- said A B, by him the said A B, before that time done, performed and bestowed, as a surveyor in and about the drawing of divers plans, elevations, and sections of buildings, for the said C D, and at his request, and in and about the surveying and superintending the erection thereof, and of divers other works for the said CD, and at his special, &c. and in and about the admeasurement and valuation of certain works, and the payment of certain *workmen's bills for the said C D, and in and about other the business of the said C D, and at his like, &c. and for divers journies and attendances, before then made, performed and given, by the said A B in and about the busines of the said C D, and at his like,' &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, diligence and attendance, as a surveyor in and about the drawing of divers other plans, elevations, and sections of buildings, for the said CD, and in and about the surveying and superintending the erection thereof, and of divers other works, for the said CD, and in and about the admeasurement and valuation of certain works, and the payment of certain workmen's bills, for the said CD, and in and about other the business of the said CD, and for the said CD and had also at the like special instance, &c. before then made, performed and given, divers other journies and attendances, in and about other the business of the said CD, he the said CD undertook," &c. (Conclusion as ante, 6.) [Add one indebitatus assumpsit count for work and labour generally--the money counts and breach.] schoolmaster, money. * 38 The indebitatus count is as ante, 5. inserting these words: III. Respecting personal "for the work and labour, care, diligence, and attendance of services. the said AB, by him the said A B before that time done, 63. As a performed and bestowed, for the said C D, as a schoolmaster, and for books, in and about the teaching and instructing of a certain infant(e) and entrancein reading, writing, arithmetic, good manners, and other necessary and useful accomplishments and qualifications, and at the special. &c. and for divers books, pens, and other necessary things, by the said A B before that time found and provided, and used and employed in and about that work and labour, for the said CD, and at his like special, &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 and labour, care, diligence and attendance, for the said C D, as a schoolmaster in and about the teaching and instructing of the said infant in reading, writing, arithmetic, good manners and other useful and necessary accomplishments and qualifications; and had also at the like special, &c. before that time found and provided divers other books, pens, and other necessary things, and used and employed the same in and about the said lastmentioned work and labour, for the said C D, he the said C D undertook," &c. [Add one indebitatus assumpsit count for work and labour generally-one for goods sold-money paid-and account stated-and breach. N. B. If there be a demand for entrance-money, proceed as in the above indebitatus count, inserting at the obelisk the following words, "and for certain entrance-money before "that time and then due and payable from the said CD to the " said A B, upon, for, and in respect of the admission of the "said infant into the school of the said A B, for the purpose "of being taught and instructed as aforesaid." If the action be for instruction by the plaintiff's wife as a schoolmistress, she should not join in the action, (unless the demand accrued be, (e) It is usual here to say " of one this is unnecessary. EF, the infant son of CD," but III. Respect fore marriage,)(ƒ) and the count should state, "for the work, ing personal services. "&c. of E F, the wife of the said A B," &c. 64. As a surgeon and apothecary, and for medicines. (5) The indebitatus count is as ante, 5. inserting these words: for the work and labour, care, diligence and attendance of the said A B, by him the said A B before that time *done, performed and bestowed, as a surgeon and apothecary for the said CD, and at his special instance, &c. in and about the healing and curing of the said CD, and divers other persons of divers diseases, disorders and maladies, under which they had before then respectively laboured and languished, and in and about the endeavouring to heal and cure the said C D, and divers other persons of divers other diseases, disorders, and maladies, under which they had before then also respectively laboured and languished, and for divers medicines and other necessary things before that time, found and provided, administered, delivered and applied by the said A B on those occasions, for the said CD, and at his like special instance and request, 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 and labour, care, diligence and attendance, as a surgeon and apothecary, in and about the healing and curing of the said C D, and divers other persons of divers other diseases, disorders, and maladies, under which they had before. then respectively laboured and languished, and also in and about the endeavouring, &c. and had also at the like, &c. before that time found and provided, administered, delivered and applied, divers other medicines and necessary things on those last-mentioned occasions for the said CD, he the said CD undertook," &c. (Conclusion as ante, 6.) [Add counts for work and labour, and journies-for goods sold-money paid-and the account stated.] (f) 1 Salk. 114. (g) If also for the inoculation of declaration must not state for curing the plaintiff of the venereal disease, 2 Wils. 20. A physician caunot maintain an action for his fees, they being considered as honorary. 4 T. R. 317. |