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APPENDIX (B).

Form of common counts for goods sold, and on account stated, under

Rule Trin. T. 1 Will. IV.

“In K. B. [or C. P., or Exch. of Pleas.]

day of --, in the year of our Lord 8%. Middlesex 7 A. B. by J. S. his attorney [or in his own proper to wit: S person'] complains of C. D. who has been sum

moned to answer the said plaintiff in an action on promises :
For that whereas the defendant on the day of
in the year of our Lord 18—, was indebted to the plaintiff
in £ , for the price and value of goods then bargained
(or sold] and sold [or delivered] by the plaintiff to the
defendant at his request : And in £— for money found
to be due from the defendant to the plaintiff on an account
then stated between them. And whereas the defendant
afterwards, on the day and year aforesaid, in consideration
of the premises respectively, promised to pay the said
several monies respectively to the plaintiff on request :
Yet he hath disregarded his promises, and hath not paid
any of the said monies or any part thereof. To the
plaintiff's damage of £- , and thereupon he brings
suit &c."

With the above the plaintiff must deliver particulars of his demand. It is ordered, “ That with every declaration, if de“ livered, or with the notice of declaration, if filed, containing “counts in indebitatus assumpsit or debt on simple contract, “ the plaintiff shall deliver full particulars of his demand under " those counts, where such particulars can be comprised within " three folios; and, where the same cannot be comprised within " three folios, he shall deliver such a statement of the nature of “ his claim, and the amount of the sum or balance which he “ claims to be due, as may be comprised within that number of “ folios. And to secure the delivery of particulars in all such “ cases, it is further ordered, that, if any declaration or notice “ shall be delivered without such particulars, or such statement " as aforesaid, and a judge shall afterwards order a delivery of “particulars, the plaintiff shall not be allowed any costs in “ respect of any summons for the purpose of obtaining such “ order, or of the particulars he may afterwards deliver: And “ that a copy of the particulars of the demand, and also “ particulars (if any) of the defendant's set-off, shall be annexed “ by the plaintiff's attorney to every record at the time it is “ entered with the judge's marshal.” Rules Trin. T. 1 Will. IV. PRACTICE.

APPENDIX

Form of a Bill of Lading (a). I. W. Suipped by the grace of God in good order by No. 1. a 20. S A. B. merchant, in and upon the good ship called

the John and Jane, whereof C. D. is master, now riding at anchor in the river of Thames, and bound for Barcelona in Spain, 20 bales containing 100 pieces of broad-cloth marked as per margin ; and are to be delivered in the like good order and condition at Barcelona aforesaid, (the act of God, the king's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto E. F. merchant there, or to his assigns(6), he or they paying for the said goods --- per piece freight, with primage and average accustomed. IN WITNESS whereof, the master (or purser) of the said ship hath affirmed to three bills of lading of this tenor and date, one of which bills being accomplished, the other two to stand void. And

so God send the good ship to her destined port in safety. DATED at London, the day of

(a) Abb. Shipp. 215, (5th Ed.)

(b) In English bills of lading the words “ or assigns” are always inserted; but it was held that a Spanish bill of lading, which does not contain such words, was similarly assignable by indorsement. Renteria v. Ruding, M. & Malk. 511; S. C. Lloyd & Welsby, Merc. Ca. 274, (where the question was as to the liability of the indorsee for freight.) See Abb. Shipp. 286.

APPENDI

No.

Form of East India Warrant (a).

To the East India Company's

warehouse-keeper, for pri

vate trade, Billiter Lane. You are desired to deliver to A. B. or his assigns, by in

dorsement hereon, and the bearer giving a receipt on the
back hereof, the following indigo : viz. [then follows the
description, price, weight, &c.] Sold him by the united

East India Company.
Treasury, East India House, this day of — .

(Signature of the Company's (Counter signature.)

treasurer or assistant.)

(a) 3 B. & Ad. 321, Taylor v. Kymer. It appears that these warrants are indorsed, usually in blank, by the persons therein named, and are afterwards transferred by delivery, or by indorsement and delivery.

INDE X.

ACCOUNT STATED.

Form of count, 437
May be joined with any other count for a money demand, 210 note
When advisable, 210, 211
Admissible, although written memorandum of agreement, 211
Evidence on account stated, 211, 212

Whether plaintiff is at all events entitled to nominal damages,

without proof of amount of balance, 212
Proof of a single item sufficient, ib.

Defendant cannot go into evidence to impeach the items, 211
Infant not liable on, 20

Interest on, 283
AGENT. (See Broker-Factor-Sale-note--Servant.)

When wife presumed agent of husband, 26, 30
Agent within Statute of Frauds, 63

Carrier, 63
Auctioneer, 75, 160

Broker, 76
Agent of carrier, 422
Authority orally countermandable, 74
Sale by agent after countermand, 313, 314, 296
Bankruptcy of agent, 128
When agent may stop goods, 191, 198
When delivery to purchaser's agent bars the vendor's right of stoppage,

203, 204
Assent by agent, 215
Special authority, 216
Wrongful sale by agent, 295
Ratification by principal, 216, 217
Pledge by agent, 296
Delivery to, when sufficient, 258, 259
Effect of private agreement that the principal shall not be liable, 259, 260
Effect of giving credit to the agent alone, 260
Vendor may sue the principal when discovered, 260, 261
Payment by purchaser to his own agent, 276, 277

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