PLEADINGS, PRACTICE AND PROCESS AT LAW 2803

The common counts in assumpsit cannot 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 common counts as set out in this and following sections,
see McCann v. Preston, 79 Md. 230; Pole v. Simmons, 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 defendant
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 money was due to
plaintiffs, and also because it did not show between whom 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, or 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.

This sub-section referred to in construing art. 13, secs. 43, 47, 77, and 33 and 14—
see notes to sec. 47. Shaffer v. Bond, 129 Md. 659.

(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.

(16) That the plaintiff, on, &c. (date), by his bill of exchange, now
overdue, directed to the defendant, required the defendant to pay to the
plaintiff $——— sixty days after date; and the defendant accepted the said
bill, but did not pay the same.

(17) That the defendant, on, &c. (date), by his bill of exchange
directed to A., required A. to pay to the plaintiff $——— sixty days after
date; and the said bill was duly presented for acceptance, and was dis-
honored, of which the defendant had due notice, but did not pay the same.

(18) That the plaintiff and defendant agreed to marry one another,
and a reasonable time for such marriage has elapsed, and the plaintiff has
always been ready and willing to marry the defendant, yet the defendant
has neglected and refused to marry the plaintiff.

For breach of promise cases, see Lewis v. Tapman, 90 Md. 294; Sauer v. Schulenberg,
33 Md. 288.