graphs in the said newspaper called the, for the said C. D. he 3 RESPECT the said C. D. undertook," &c. (Conclusion as ante, 36.)

The indebitatus count is as ante, 35, inserting these words, "for the 91. For work work and labour, care, diligence, and attendance of the said A. B. by and labour, in booking, rehim the said A. B. before that time done, performed, and bestowed, in ceiving, and and about the taking an account of places for passengers, and the book-keeping passengers and ing and keeping of parcels, to be carried and conveyed, in and by cer- parcels, and tain coaches of the said C. D. and for the use of a certain shop, in and the use of a parcel of a certain dwelling-house of the said A. B. before that time shop. Occupied and used by and with the said passengers and parcels, by and with the sufferance and permission of the said A. B. and at the special, &c. of the said C. D. and being so indebted," &c. (Conclusion as ante, 35.) The quantum meruit thereon is as ante, 36, inserting as fol- Quantum lows," had before that time done, performed, and bestowed other his meruit therework and labour, care, diligence, and attendance, in and about the taking an account of places for divers other passengers, and the booking and keeping of divers other parcels, to be carried and conveyed in and by certain other coaches of the said C. D. and had suffered and permitted his said shop to be occupied and used, and that the same had accordingly been occupied and used by and with the said last-mentioned passengers and parcels, he the said C. D. undertook," &c. (Conclusion as ante, 36.)

97. On an award made

The indebitatus count is as ante, 35, inserting these words, “for so much money before that time and then due and payable from the said C. D. to the said A. B. for interest upon and for the forbearance of divers large sums of money before then lent and advanced by the said A. B. to the said C. D. at his special instance and request, and by him. the said A. B. forborne to the said C. D. for divers long spaces of time, before then elapsed, at the like special instance and request of the said C. D. and also for other money, before that time and then due and payable from the said C. D. to the said A. B for interest upon and for the forbearance of divers other large sums of money before then due and owing from the said C. D. to the said A. B. and by him the said A. B. forborne to the said C. D. for divers long spaces of time before then elapsed, at the like special instance and request of the said C. D. and being so indebted, he the said C. D.", &c. (Conclusion as ante, 35.)

*The indebitatus count is as ante, 35, inserting these words," for the work and labour, care and diligence of the said A. B. by him the said A. B. before that time done, performed and bestowed, in and about the business of the said C. D. and for the said C. D. and at his special instance and request, and also in the further sum of L., of like lawful money, for divers goods, wares, and merchandize, by the said, A. B. before that time sold and delivered to the said C. D. and at his like special instance and request, and also in the further sum of L.—, of like lawful money, for money by the said AB. before that time lent and advanced to and paid, laid out, and expended for, the said C.D. and at his like special instance and request, and also in the further sum of L., of like lawful money, for other money by the said C. D. before that time had and received to and for the use of the said A. B. and being so indebted, he the said C. D. in consideration thereof afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said A. B. to pay him the said several sums of money, in this count mentioned, when he the said C. D. should be thereunto afterwards requested."

The indebitatus count is as ante, 35, inserting these words, “upon by an arbitra- and by virtue of a certain award made by E. F. upon and by virtue of tor (w).

Nevertheless the said C. D. not regarding his said several *pro- 100. Common breach (3). mises and undertakings, but contriving and fraudulently intending, craftily and subtilely to deceive and defraud the said A. B. in this behalf hath not as yet paid the said several sums of money, or any or either of them, or any part thereof, to the said A. B. (although often

TO THE CHARACTER, &c.

with both the partners, and the promise to them; and if the transac- 5. RELATING
tion be for goods sold, c. or on the money counts, such counts are to
be framed as above.] Nevertheless the said C. D. not regarding, &c.
(ut ante, breach p. 83,) but contriving, &c. to deceive and defraud the Breach.
said A. B. and E. F. in the lifetime of the said E. F, and the said A.
B. since the death of the said E. F. in this behalf, hath not as yet paid
the said several sums of money, or any, or either of them, or any part
thereof, to the said A. B. and F. F. or either of them, in the lifetime
of the said E. F. or to the said A. B. since the death of the said E. F.
(although often requested so to do;) but he to do this hath hitherto
wholly refused, and still doth refuse. To the damage of the said
A. B. of L., and therefore he brings his suit, &c.-Pledges, &c.

N. B. If the debt be considerable, or the deceased partner has
been dead six years; or it may on any other account be advisa-
ble for the plaintiff to avail himself of a promise or acknow-
ledgment to him since the death of his partner, insert at the
above dagger(t), before the conclusion, the following counts.
See 3 East. 409. (2)

due before

[* 86]

And whereas also the said C. D. afterwards, and in the lifetime 102. Counts of the said E. F. deceased, to wit, on, &c. aforesaid, at, &c, aforesaid, on promises to the surviv was indebted to the said A. B. and to the said E. F. in the further ing partner sum of L., of like lawful money, for the work and labour, care to pay debts and diligence of the said A. B. and the said E. F. by them before that the death. time done, performed and bestowed for the said C. D. and at his special, &c. and also in the further sum of L——, of like lawful money, for divers goods, wares, and merchandize, by the said A. B. and the said E. F. now deceased, before that time sold and delivered to the said C. D. and at his like special, &c. and also in the further sum of L.—, of like lawful money, for money by the said A. B. and the said E. F. before that time lent and advanced to, and paid, laid out, and expended for the said C. D. and at his like special instance and request, and also in the further sum of L., of like lawful money, for other money by the said C. D. before that time had and received, to and for the use of the said A. B. and the said E. F. And the said C. D. being so indebted, and the said several sums of money in this count mentioned, being and remaining wholly due, unpaid, and unsatisfied, he the said C. D. in consideration thereof afterwards, and after the death of the said E. F. to wit, on, &c. at, &c. aforesaid, undertook, and then and there faithfully promised the said A. B. to pay him the said several sums of money in this count mentioned, when he the said C. D. should be thereunto afterwards requested. [Add the account stated with the plaintiff of monies due to him only, and in the breach refer only to the counts in which the promises are stated to have been made, to the plaintiff alone, and conclude as usual.] To the damage of A. B. only.

.