to another. money amounting," &c.) amounting in the whole to a large IX. To pay sum of money to wit, the sum of. of lawful money of for goods sold Great Britain, and that although the said credit and the time for payment of the price of the said goods, by the said E F to the said AB hath long since elapsed, yet the said E F hath not (although often requested so to do) as yet paid the said sum of . or any part thereof, but hath hitherto wholly neglected and refused so to do, to wit, at, &c. aforesaid, of all which said premises the said CD afterwards, to wit, on, &c. aforesaid, there had notice. Yet the said C D, not regarding his said promise and undertaking, but contriving, &c. hath not as yet accounted to him the said A B or paid him the said sum of money or any part thereof, for the said goods, or any part thereof, (although he the said CD afterwards, to wit, on, &c. at, &c. aforesaid, was requested by the said AB so to do,) and hath hitherto wholly neglected and refused, and still wholly neglects and refuses so to do, and the said sum of. still remains wholly due and unpaid to the said A B, to wit, at, &c. aforesaid. [*Add such special counts as may be necessary, varying the statement of the promise, and of the averments, so as to meet the evidence, and if there be any doubt whether the defendant be immediately liable, add counts for goods bargained and sold-and sold and delivered-money had and received-and on an account stated.] * 88 or of a bill For that whereas heretofore, to wit, on, &c. at, &c. in consi- 10. By accept deration that the said A B for the accommodation and at the of exchange special, &c. of the said C D, would accept a certain bill of ex- for the acchange in writing, bearing date the day and year aforesaid, and made and drawn by the said CD on the said A B, and where (g) See a similar action and the pleadings, 3 Wils. S46. A contract to indemnity is generally implied, as on the part of a defendant to indemnify a person who becomes bail for him, 3 Wils. 262. or surety for him at his request, 2 T. R. 105. 7 T. R. 568. 2B. & P. 268. If the thing to be done be obviously illegal, no contract to indemnify can be implied, but other. wise where the act is not apparently illegal, 8 T. R. 186. When the debt commodation of defendant ding money for not provifor payment thereof, &e. (g) * 89 X. To indem by the said C D required the said A B two months after the nify. date thereof, to pay to the order of him the said CD, the sum of 501. as for value received,(h) and would deliver the same so accepted to the said CD, in order that he the said CD might negotiate the same for his own proper use and benefit, he the said CD undertook, and then and there faithfully promised the said A B to provide money for the payment of the said bill of exchange when the same should become due and payable, and to indemnify and save harmless the said AB from any loss or damage, for or by reason of his acceptance of the said bill of exchange as aforesaid, and the said A B avers, that he, confiding in the said promise and *undertaking of the said CD did afterwards, to wit, on, &c. at, &c. aforesaid, accept the said bill of exchange, and deliver the same so accepted to the said CD, for the purpose aforesaid, and although the said bill of exchange so accepted as aforesaid, was afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, negotiated by the said C D for his own proper use and benefit, and the same hath long since become due and payable, to wit, at, &c. aforesaid. Yet the said CD not regarding his said promise and undertaking, but contriving and fraudulently intending craftily and subtly to deceive, &c. in this behalf, did not, nor would provide money for the payment of the said bill of exchange when the same became due and payable, nor indemnify or save harmless him the said A B from any loss or damage, for or by reason of his acceptance of the said bill of exchange as aforesaid, but wholly neglected and refused so to do. By means and in consequence whereof, the said A B, as such acceptor of the said bill of exchange as aforesaid, afterwards, to wit, on, &c. at, &c. aforesaid, was called upon, and forced, and obliged to pay, and did then and there pay to one the holder thereof, the said sum of money in the said bill of exchange specified, together with certain interest thereon, and the costs of a certain action before then brought on the said bill of exchange by the said before then brought in the court of our said lord the king, of -, against the said A B, in the whole amounting to a large sum of mo (h) The bill of exchange is to be described according to its legal effect. ney, to wit, the sum of. of lawful, &c. and by means of X. To indem the said several premises the said A B hath been and is dam nify. nified to the amount thereof, to wit, at, &c. aforesaid. [Add all the money counts and account stated-and common breach applicable to those counts.] ry First count, on request. (*) * 90 For that whereas heretofore, to wit, on, &c.(i) at, &c. in 11. For not consideration that the said A B being then and there *sole and marrying. unmarried, at the special, &c. of the said C D had then and to marry upthere undertaken, and faithfully promised the said CD to marhim the said CD when she the said A B should be thereunto afterwards requested, he the said CD undertook, and then and there faithfully promised the said A B to marry her the said A B, when he the said C D should be thereunto afterwards requested, and the said A B avers, that she, confiding in the said promise and undertaking of the said C D, hath always from thence hitherto remained and continued, and still is, sole and unmarried, and hath been, for and during all the time aforesaid, and still is, ready and willing to marry him the said CD, to wit, at, &c. aforesaid.t [If the defendant have married another woman, no request need be averred, but at the obelisk the following allegation should be inserted: "Yet the said CD not regarding, &c. but contriving, &c. after the making of his said promise and undertaking, to wit, on, &c. at, &c. aforesaid, wrongfully and injuriously married a certain other person, to wit, one, contrary to his said promise and undertaking, to wit, at, &c. aforesaid." [The other counts will vary accordingly.] And although the said A B, after the (1) This day is not material. (k) See the precedents in 2 Wentw, 487 to 492. and Index to vol. 2. This action is sustainable only where the contract to marry is mutual, 1 Roll. Abr. 22. 1. 5. 1 Sid. 180. 1 Lev. 147. Carth. 467. And though one of the parties be an infant, yet the contract to marry will be obligatory on the other side, 2 Stra. 937. Bac. Abr. Infant. The action is sustainable by VOL. II. Carth. 467. a man against a woman. XI. For not marrying. * 91 Second count, to marry in a reasonable time. Third count, to marry generally. * 92 making of the said promise and undertaking of the said C D, to wit, on, &c. at, &c. aforesaid, requested the said CD to marry her the said A B. Yet the said C D not regarding his said promise and undertaking, but contriving and fraudulently intending craftily and subtly to deceive and injure the said. A B in this respect, did not, nor would, at the said time when he was so requested as aforesaid, or at any time before or afterwards, marry her the said A B, but hath hitherto wholly neglected and refused, and still doth neglect and refuse so to do. And whereas also heretofore, to wit, on, &c. aforesaid, at, &c. aforesaid, in consideration that the said A B being then and there unmarried, at the like special instance and request of the said CD, had then and there undertaken, and faithfully promised the said C D to marry him the said C D, he the said C D undertook, and then and there faithfully promised the said AB to marry her the said A Bin a reasonable time then next following. And the said A B avers, that she, confiding in the said last-mentioned promise and undertaking of the said CD, hath always hitherto remained and continued, and still is, sole and unmarried, and hath been, for and during all the time last aforesaid, and still is, ready and willing to marry the said CD, to wit, at, &c. aforesaid, and although a reasonable time for the said CD to marry her the said A B, hath elapsed since the making of the said last-mentioned promise and undertaking of the said CD. Yet the said CD, not regarding his said lastmentioned promise and undertaking, but contriving, &c. [as in the first count] did not, nor would, within such reasonable time as aforesaid, or at any time afterwards, marry her the said A B, but hath hitherto wholly neglected and refused so to do. And whereas also heretofore, to wit, on, &c. at, &c. aforesaid, in consideration that the said A B being then and there sole and unmarried, at the like special instance, &c. had then and there undertaken, and faithfully promised the said CD to marry him the said CD, he the said C D undertook, and then and there faithfully promised the said AB to marry her the said A B, and the said *A B avers, that she, confiding in the said last-mentioned promise and undertaking of the said CD, hath always from thence hitherto remained and continued, and XI. For not still is, sole and unmarried, and hath been, for and during all marrying. the time last aforesaid, and still is, ready and willing to marry him the said CD, to wit, at, &c. aforesaid, and although a reasonable time for the said C D to marry the said A B hath elapsed since the making of the said last-mentioned promise and undertaking last aforesaid. And although the said A B, after the making of the said last-mentioned promise and undertaking of the said CD, to wit, on, &c. at, &c. aforesaid, requested the said CD to marry her the said A B. Yet the said CD not regarding his said last-mentioned promise and undertaking, but contriving, and fraudulently intending craftily and subtly to deceive and defraud the said A B in this respect, did not, nor would, at the said time when he was so requested, as last aforesaid, or at any time before or afterwards, marry the said A B, but on the contrary thereof, he the said CD at the said time when he was so requested as last aforesaid, wholly refused then or ever to marry her the said A B, to wit, at, &c. aforesaid. To the damage, &c. 12. For not hired servant receiving a said CD () * 93 For that whereas heretofore, to wit, on, &c. at, &c. in consideration that the said A B at the special, &c. had then and there agreed with the said CD to enter into the service of the into defendant's service. said C D as a lady's maid, and would serve her the in that capacity, at certain wages, after the rate of 1. to be therefore paid by the said CD to the said A B during her continuance in such service, she the said CD undertook, and then and there *faithfully promised the said A B to receive her into the service of the said CD in the capacity aforesaid, and to retain and employ her in such service at the wages aforesaid. And the said A B avers, that she, confiding in the said promise and undertaking of the said CD, hath always been ready and willing to enter into the service of the said CD, in the capacity aforesaid, and to serve her the said C D in that capacity for the wages aforesaid. And although the said A B (4) See precedents, 2 Wentw. 505 to 531. Index to vol. 2. Where the service has been actually performed, the declaration may be for work and labour generally, Fitz. 302. but where the defendant has refused |