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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 :
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.
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.
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
East India Company.
(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.
Form of count, 437
Whether plaintiff is at all events entitled to nominal damages,
without proof of amount of balance, 212
Defendant cannot go into evidence to impeach the items, 211
Interest on, 283
When wife presumed agent of husband, 26, 30