Common Counts

In pleading. Counts of invariable form, framed upon certain general principles of statement, and thereiore common in their application to a great variety of actions; as distinguished from special counts, which are adapted to the special circumstances of each particular case, and are peculiar to the individual actions m which they are employed.* In other words, they are general forms of pecuniary demand, founded on express or implied promises, to pay money in consideration of a precedent or existing debt.

1 Chitt, PL 873.

Their principal use is to sust^n the plaintiff on the trial of a cause, in the event of a failure to prove his case as stated in the special counts of his declaration.

Steph, PL 287, (Am. ed, 1824.) 1 Burr, Pr, 130, note.

They are most frequently employed in claims for goods sold, work done, money lent, money paid, money had and received, and money due on an account stated, (which last are commonly called the money counts^ and sometimes without any special counts. See Indebitatus assumpsit^ Quantum meruit, Quantum valebant, Insimul computassent. In England, since the Pleading Rules of Hil. T. 2 Will IV., the importance of these counts has been considerably diminished, and in some cases they can no longer be resorted to. 1 Chitt, PL 339—369. (Perkins' ed. 1847.)