Money Counts

In pleading. The common counts in an action of assumpsit. They 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, the indebitatis assumpsit, the quantimi meruit, the quantum valebant, and the account stated.

The common counts In an action of assumpsit. They 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; the indebitatus assumpsit; the quantum meruit; the quantum valebant; and the account stated. See these titles. 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; 12 East 1; Bank of Columbia V. Patterson, 7 Cra. (U. S.) 299, 3 L. Ed. 351; Keyes v. ‘Stone, 6 Mass. 391; Tuttle v. Mayo, 7 Johns. (N. Y.) 132. It is,- therefore, advisable to insert the money counts in an action of assumpsit, when suing on a special contract; 1 Chitty, PI. &33.

The common counts in assumpsit, founded on an imphed promise to pay money; including the counts for money had and received to the plaintiffs use, money lent, money paid, and money due on insimul computassent.

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.