GENERAL

INDEBITATUS

ASSUMPSIT.

general MIDD

Declaration in B. R. in indebitatus

af

upon an award

entered into by

simes.

ON AWARDS.

IDDLESEX, to wit. J. R. clerk, and A. J. executors of the laft will and teftament of Mary H. deceafed, comfumpfit by exe plain against [fabella H. being, &c. for that whereas on the 11th cutors against an day of June, A. D. 1784, at, &c. aforefaid, divers difputes, difadministratrix ferences, and controverfies had arifen, and were then and there depending between the faid Mary H. in her lifetime, and one teftator and in- John Hughes; and thereupon, for the putting an end to the faid eftate in their difputes, differences, and controverties, the faid Mary H. in her efective life lifetime and the faid John H. on the fame day and year, at, &c. aforefaid, fubmitted themf:lves to ftand to the award, order, arbitrament, final end and determination of F. W. of, &c. and R. G. of, &c. arbitrators indifferently named, elected, and chofen, as well on the part and behalf of the faid John H. as of the faid Mary H. to arbitrate, award, order, judge, and determine of and concerning the faid difputes, differences, and controverfies, fo as the award fhould be made in writing ready to be delivered on or before the 24th day of September then next enfuing; and whereas afterwards, and within the time in that behalf limited for the taid F. W. and R. G. to make their award concerning the premifes as aforesaid, to wit, on the faid twenty-fourth day of Sep. tember, A. D. 1764, the faid F. W. and R. G. in due manner made their award, order, and determination in writing of and concerning the premiles fo referred to them as aforefaid, then ready to be delivered to the faid Mary H. and John H. and bearing date the day and year lalt aforefaid; whereby the faid F. W. and R. G. did then and there amongst other things award and order that the faid John H. his heirs, executors, or adminiftrators, fhould, on or before the 25th of March next enfuing the date of the faid award, well and truly pay, or cause to be paid unto the faid Mary H. her executors, adminiftrators, or affigns, the fum of nine hundred and eighty-three pounds and twopence halfpenny, with intereft for the fame after the rate of four pounds by the hundred by the year from the day of the date of the faid award; and the faid F. W. and R. G. did then and there by their faid award farther award and order that the faid John H. thould within the

Space

fpace of one month then next enfuing execute to the faid Mary H. a general release of ail actions, fuits, damages, accounts, reckonings, and demands whatsoever, from the beginning of the world to the day of the date of the therein recited bonds of arbitration; and that the faid Mary H. fhould within the fame time in like manner execute to the faid John H. a like general release of all actions, fuits, damages, accounts, reckonings, and demands whatfoever, from the beginning of the world to the day of the date of the faid recited bonds of arbitration; of all which faid premifes, he the faid John H. afterwards, to wit, on the twenty feventh day of September in the year aforefaid, at, &c. aforefaid, had notice: and the faid J. and A. in fact fay, that the faid John H. afterwards, and after the making of the faid award, to wit, on the 1ft day of October, A D. 1765, at, &c. aforefaid, died inteftate, poffeffed of and entitled unto divers goods, chatteis, and effects of great value, to wit, of the value of three thousand pounds: and the faid J. and A. further fay, that adminiftration of all and fingular the goods, chattels, and credits, which were the goods, chattels, and credits of the faid John H. at the time of his death, after the death of the faid John Hughes, to wit, on, &c. at &c. aforefaid, by F. by divine Providence archbishop of Canterbury, primate of all England and metropolitan, was in due manner committed to the faid fabella, to wit, at, &c. aforefaid; and by virtue thereof fhe the faid Ifabella, to wit, on the day and year laft aforefaid, at, &c, aforefaid, became and was pofleffed of divers goods and chattels, which were the goods and chattels of the faid John H. at the time of his death and the faid J. and A. further fay, that the faid Mary H. afterwards, to wit, on, &c. at, &c. aforefaid, made her laft will and teftament in writing, and thereby conftituted and appointed them the faid J. and A. executors thereof; and afterwards, to wit, on the day and year laft aforefaid, at, &c. aforefaid, died: and the faid J. and A. further fay, that the faid fum of nine hundred and eighty-three pounds and twopence halfpenny, in the faid award mentioned, at the time of the death of the faid Mary H. was wholly due and owing and unpaid to the faid Mary H.: by reafon of which premifes the faid Ifabella as adminiftratrix as aforefaid, became liable to pay to the faid J. and A, as executors as aforefaid, the faid fum of nine hundred and eighty-three pounds. and twopence halfpenny, in the faid award mentioned, together with intereft for the fame from the day of the date of the faid award after the rate of four pounds per cent per annum; and being fo liable, the the said Itabella in confideration thereof, afterwards, to wit, on the day and year laft aforefaid, at, &c. aforefaid, undertook, and faithfully promifed the faid J. and A. to pay them the faid fum of money in the faid award mentioned, together with intereft for the fame as aforelaid, when the the faid Ifabella fhould be thereto afterwards requeited. And whereas the faid Isabella, 2d count more as adminiftratrix of the faid John H. as aforefaid, afterwards, to general.

wit, on the 11th day of June, A. D. 1772, at, &c. aforefaid, was

indebted

Declaration in

indebitatus

indebted to the faid J. and A. as executors of the faid Mary H. as aforefaid, in one thoufand pounds of lawful, &c. upon and by virtue of a certain other award made by the faid F. W. and R. G. upon and in purfuance of a certain other fubmiffion before that time made by the faid John H. and Mary H. to the award, order, arbitrament, final end, and determination of the faid F. W. and R. G. of and concerning all and all manner of action and actions, caufe and caufes of action, fuits, bills, bonds, fpecialties, judgments, executions, extents, quarrels, controverfies, trefpafles, damages, and demands whatfoever, at any time or times before the faid last mentioned fubmiffion had, made, moved, brought, commenced, profecuted, done, and fuffered, committed or depending by or between them or either of them; and being fo indebted, &c. [promife to pay]. 3d count, for money had and received by the defendant as adminiftratrix, to the plaintiff's ufe; and common conclufion to all the counts," that defendant had not paid the feveral fums of money to the plaintiffs as executors." (For conclufions to declarations in Affumpfit, fee beginnings and endings to Declarations.) Damages two hundred pounds.

SALOP, Robert Hale complains of John Charlton KinB. R. in general chant, efquire, being, &c. for that whereas, before the making of fumpfit on an a- the promife and undertaking of the faid defendant, hereafter next ward: Plaintiff, mentioned, to wit, on, &c. at, &c. divers difputes and differences a furveyor, had had arifen and were then fubfifting between the faid Robert and taken furveys the faid John Charlton, and an action had been thereupon brought, and made plans and was depending in his majefty's court of King's Bench at estate, with a Westminster, in the county of Middlesex, by and at the fuit of special count, as the faid Robert, against the faid John Charlton, touching and under.

of defendant's

concerning a certain demand of him the faid Robert against the faid John Charlton, to a large amount, to wit, to the amount of one hundred pounds of lawful money of Great Britain; on account of which faid demand he the faid Robert had before then delivered to the faid John Charlton a certain bill confitting of feveral items, and (amon it other items in the faid bill contained) there was a certain item of, &c. for the furvey and plan of a certain eftate, called Park Eftate, before then made by him the faid Robert for him the faid John Charlton: and whereas, for the putting an end to the faid difputes and differences, the Caid Robert and the faid John Charlton, before the making of the promife and undertaking of the said John Charlton hereafter next mentioned, to wit, on the day and year aforefaid, at, &c, aforefaid, fubmitted themfelves to the award, order, arbitrament, final end, and determination of one J. L. gentleman, an arbitrator indifferently named, elected, and chofen, as well on the part and benalf of the faid Robert, as of the faid John Charlton, to arbitrate, award, order, judge, and determine of and concerning the faid difputes and differences: and whereas, afterwards, to wit,on, &c. at, &c. the faid J. L. the arbitrator aforefaid, having taken upon

himfelf

himself the burthen of the faid arbitration, in due manner made his award and determination in writing, of and concerning the premises so referred to him as aforefaid, bearing date the day and year last aforefaid, and thereby then and there awarded and declared that he had examined several witnesses on the subject of the faid Robert's demand on the faid John Charlton, and thought the faid Robert had fufficiently established the feveral items of his faid bill, fave the faid item of, &c. for a furvey and plan of Park Eftate aforefaid and as to that item the faid Robert had agreed to deduct, &c. and the faid L. further awarded and declared, that he had taxed and fettled the bill of cofts (that is to fay, the faid Robert's bill of cofts in the faid action fo depending as aforefaid) at fixteen pounds eleven fhillings and twopence, fo that the faid Robert's then prefent demand would ftand as underneath, (that is to fay, as the fame was and is ftated underneath the faid award), the balance amounting to thirty-one pounds nine fhillings and three-pence, as by the faid award more fully appears; of which faid award the faid John Charlton afterwards, to wit, on the day, &c. aforefaid, at, &c. aforefaid, had notice: by reafon of which faid feveral premifes the faid John C. became liable to pay to the faid Robert the faid fum of thirty-one pounds nine fhillings and three pence. fo awarded to him as aforefaid, when he the faid John C. fhould be thereto afterwards requested; and being feliable he the faid John C. undertook, &c. Another count upon another award in another action. And whereas, before the A special count making of the promise and undertaking of the faid John C. here- to pay money in after next mentioned, certain articles had been entered into between him the faid John C. and B. Oliver, and the reverend Mr. See thathead un Palefton, and divers other perfons, for the fighting of a main of der Special AFcocks at a certain place called Whitchurch, in the faid county of fumpfit. Salop; and thereupon heretofore, to wit, on the 8th day of fune, A. D. 1778, at S. aforefaid, in the county aforefaid, in confidera tion that the faid Robert, at the special inftance of the faid J. C. would do every thing contained in the faid articles on the behalf of him the faid John C. and would indemnify him from all covenants and agreements therein on his part, he the faid John C. then and there undertook and faithfully promifed the faid Robert to pay him the fum of five pounds at any time after the faid covenants and agreements were performed, or the faid articles delivered up to be cancelled, or were otherwife become void: and the faid Robert avers that he, confiding in the faid laft mentioned promife and undertaking of the faid John C. did every thing contained in the said articles on behalf of him the faid John C. and indemnified him from all agreements and covenants therein on his part, to wit, at S. aforefaid, in the county aforefaid, whereof the faid John C. afterwards, to wit, on the 1ft July, in the year laft aforefaid, there had notice; and by means of the faid feveral premifes laft aforefaid, he the faid J. C. according to the tenor and effect of his faid laft mentioned promife and undertaking, then

and

confideration of indemnity.

Declaration on

a fubmiffion to arbitration, and

and there became liable to pay the faid fum of five pounds to the faid Robert when he the faid John C. fhould be thereto afterwards requested. (a) Count for work and labour as a furveyor, quan→→ tum meruit; another count for journies, quantum meruit; money laid out and expended, had and received, account ftated; and common conclufion to the whole, &c.

(a) For thefe counts, fee Morg. Richard- ginnings and endings of Declarafon, Impey; and for conclufion, fee be- tions.

CUMBERLAND, to wit. George Atkinfon, late, &c. gentleman, was attached to anfwer Thomas Whitefield of a plea of an award made trefpafs on the cafe, &c. and thereupon the faid Thomas, by awardingmoney A. B. his attorney, complains, that whereas on the 10th of to be paid by de- November 1760, at Penrith in the faid county, divers differences fendant to plain of accounts and difputes had arifen, and were then and there tiff against defendant, for not depending between the faid plaintiff and the faid defendant, and paying the fame, thereupon for putting an end to the faid differences and difputes,

they the faid Thomas and George, on the fame day and year aforefaid, at P. aforefaid, fubmitted themfelves to ftand to the award, arbitrament, and final determination of E. O. and J. S. provided they fhould give in their award in writing of and concerning the premifes in the courfe of one calendar month then next enfuing; and if the faid arbitrators would not end the dif putes amicably between themselves, then to ftand to the award and final decifion of an umpire by the faid arbitrators to be indifferently chofen, provided the faid umpire fhould give in his faid award and final determination in writing in the fpace of two calendar months then next following; and thereupon afterwards, to wit, on the fame day and year aforefaid, at P. aforefaid, in confideration that the faid plaintiff, at the fpecial inftance and request of the faid G. had undertaken and faithfully promifed (mutual promifes). And the faid plaintiff, in fact, fays, that afterwards, and before the expiration of one calendar month from the time of making the faid fubmiffion, to wit, on the faid 8th of December, in the year aforefaid, at P. aforefaid, they the faid E. and I. took upon themfelves the burthen of the faid award, and then and there in due manner made and gave in their award and final determination in writing of and concerning the premises fo fubmitted to them as aforefaid, and by the faid award did then and there award and order that all fuits and controverfies whatsoever had, moved, or depending between the faid parties' touching the difference of accounts to the day of the date of the faid award, fhould ceafe and be no further profecuted; and they did thereby further award that the faid defendant fhould pay, or caufe to be paid, the fum of feventy pounds to the faid plaintiff, on or before the firft of January then next following; and they did further award, that the faid plaintiff thould

pay