Money Counts
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
pleadings. The common counts in an action of assumpsit are so 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 indebstatus assumpsit, (q. Vv.); 2, the quantum merutt, (q. v.); 3, the quantum valebant, (q. v.); and, 4, the account stated, (q. v.). Although the plaintiff cannot resort to an implied promise when there is a general contract, yet, he may, in many cases, recover on the common counts, notwithstanding there was a special agreement provided it has been executed.
1 Camp. 471; 12 East, 1; 7 Cranch, R. 299; 10 Mass. R. 287; 7 Johns. R. 132; 10 John. R. 136; 5 Mass. R. 391.
It is therefore advisable to insert the money counts in an action of assumpsit, when suing ona special contract.
1 Chit. Pl. 333, 4.