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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1638   View pdf image (33K)
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1638 PLEADINGS, PRACTICE AND PEOCESS AT LAW. [ART. 75

v. Winner, 54 Md. 137; Littleton v. Wells, etc., Council, 98 Md. 456; Trades-
men's Bank v. Green, 57 Md. 605.

A promise by the defendant need not be alleged in the common counts.
Swem v. Sharretts, 48 Md. 409.

Usurious interest may be recovered in an action upon the common counts.
Scott v. Leary, 34 Md. 389.

The common counts in assumpsit can not be joined with counts in debt
Smith v. State, 66 Md. 218; Swem v. Sharretts, 48 Md. 409; Canton Bldg.
Assn. v. Weber. 34 Md. 670.

For declarations containing the common counts as set out in this and
the following sections, see McCann v. Preston, 79 Md. 230; Pole v. Sim-
mons, 49 Md. 15; Swem v. Sharretts, 48 Md. 409; Stewart v. Rogers, 19
Md. 105.

3. Work done and materials provided by the plaintiff for the defend-
ant at his request.

4. Money lent by the plaintiff to the defendant.

5. Money paid by the plaintiff for the defendant at his request.

6. Money received by the defendant for the use of the plaintiff.
7. Money found to be due from the defendant to the plaintiff on
accounts stated between them.

A count held defective both because of a failure to state that the money
was due to the plaintiffs, and also because it did not show between whom
the account was stated. Merryman v. Rider, 34 Md. 101. Cf. Scott v. Leary,
34 Md. 401.

Held that a count reading "for money found due on amounts stated",
could not be treated as complying with this form. Penniman v. Winner,
54 Md. 137.

8. A messuage and lands sold and conveyed by the plaintiff to the
defendant.

9. The good will of a business of the plaintiff sold and given up by
the plaintiff to the defendant.

10. The defendant's use, by the plaintiff's permission, of messuages
and lands of the plaintiff.

11. The hire of (as the case may be) by the plaintiff let to hire to
the defendant.

12. Freight for the conveyance by the plaintiff for the defendant,
at his request, of goods in a ship.

13. The demurrage of a ship of the plaintiff kept on demurrage by
the defendant.

The following forms, with the commencement and conclusion before
stated, shall be sufficient:

14. That the defendant, on the ——— day of ———, by his promissory
note, now overdue, promised to pay to the plaintiff $——— sixty days
after date, but did not pay the same.

15. That one A. on, &c. (date), by his promissory note, now overdue,
promised to pay to the defendant, or order, $——— sixty days after
date; and the defendant endorsed the same to the plaintiff; and the
said note was duly presented for payment and was dishonored, whereof
the defendant had due notice, but did not pay the same.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1638   View pdf image (33K)
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