See Also: MONEY COUNTS, pleadings(law)
COMMON COUNTS(law)
Tight money or dear money(finance)
Pleadings(law)
AGAINST THE WILL, pleadings(law)
FELONIOUSLY, pleadings(law)
PIRATICALLY, pleadings(law)
PAYMENT, pleadings(law)
MAINTAINED, pleadings(law)
MAIM, pleadings(law)

MONEY COUNTS, pleadings (law)


MONEY COUNTS, pleadings. The common counts in an action of assumpsit are so called, because they are founded on express or implied promises to pay money called, because they are founded on express or implied promises to pay money in consideration of a precedent debt; they are of four descriptions: 1. The in consideration of a precedent debt; they are of four descriptions: 1. The indebitatus assumpsit. (q.v.) 2. The quantum meruit. (q.v.) 3. The quantum indebitatus assumpsit. (q.v.) 2. The quantum meruit. (q.v.) 3. The quantum valebant. (q.v.) and, 4. The account stated. (q.v.) 2. Although the valebant. (q.v.) and, 4. The account stated. (q.v.) 2. Although the plaintiff cannot resort to an implied promise when there is a general plaintiff cannot resort to an implied promise when there is a general contract, yet he may, in many cases, recover on the common counts, contract, yet he may, in many cases, recover on the common counts, notwithstanding there was a special agreement, provided it has been notwithstanding there was a special agreement, provided it has been executed. 1 Camp. 471; 12 East, 1; 7 Cranch, Rep. 299; 10 Mass. Rep. 287; 7 executed. 1 Camp. 471; 12 East, 1; 7 Cranch, Rep. 299; 10 Mass. Rep. 287; 7 Johns. Rep. 132; 10 John. Rep. 136; 5 Mass. Rep. 391. It is therefore Johns. Rep. 132; 10 John. Rep. 136; 5 Mass. Rep. 391. It is therefore advisable to insert the money counts in an action of assumpsit, when suing advisable to insert the money counts in an action of assumpsit, when suing on a special contract. 1 Chit. Pl. 333, 4. on a special contract. 1 Chit. Pl. 333, 4.