posed of the said cargo of goods and merchandises; yet not minding their promise aforesaid, they did not sell and dispose thereof, for and at the best prices and most advantageous terms they could obtain therefor, but neglected and omitted so to do, and sold the same cargo of goods and merchandises at much less, viz. $4000, than they might and could have obtained for the same; whereby the plaintiff hath sustained, on his share of the said prize, the loss of the sum of $500.

SECOND COUNT. And for that the said D and G, on &c., at &c., in consideration that the plaintiff, at the special request of said D and G, had employed the said D and G, as agents to sell and dispose of his shares, in and of a cargo of goods and merchandises, on board a certain other brigantine, called &c., for a certain reward, hire, or commission, to be paid therefor by the plaintiff, to the said D and G, promised, &c. [As before.] See 3 Went. 279.

Against agent, for not making insurance.

For that the said E [defendant,] on &c., at &c., in consideration that the plaintiff, at the special request of said E, had retained and employed him as his agent, to effect a certain insurance against the dangers of the seas, for and on account of the plaintiff, upon a certain ship of the plaintiff, called &c., and the freight thereof, at and from M, in parts beyond seas, to the said port of B, to a large amount, viz. the sum of $4000, for a certain reasonable commission or reward, to be therefor paid by the plaintiff to the said E, promised the plaintiff to effect such insurance as aforesaid, for and on account of the plaintiff. And the plaintiff avers, that the said ship was then in good safety at M aforesaid; and although the said D, after making said promise, and before he had any notice of the loss of the said ship, hereafter mentioned, could and might have effected such insurance as aforesaid, for and on account of the plaintiff; and although the plaintiff, at the time of making said promise, and from thence to the time of the loss hereafter mentioned, was interested in the said ship and the freight thereof, to a large amount, viz. the said sum of $4000, viz. at B aforesaid; yet the said E, not regarding his promise aforesaid, but contriving to defraud the plaintiff in this behalf, did not, nor would effect such insurance as aforesaid, for and on account of the plaintiff, but therein wholly failed and made de

fault. And the plaintiff further says, that after the making the promise aforesaid, and before her arrival at said B, viz. at &c., on &c., the said ship, by and through the mere dangers of the seas, and by force of stormy weather, was stranded and wrecked, and a great part of the cargo, with which she was laden, was thereby, then and there lost; whereby the plaintiff sustained a great loss upon the said ship and the freight thereof, to a large amount, viz. $3000, and by reason of such default of the said E, hath been, and is wholly deprived of all indemnity from said loss, viz. at said B, &c. See 3 Went. 523, 525.

In relation to the duty of an agent, to cause insurance to be effected on the property of his principal. See Law Summary, p. 156, (2d Edition.)

Against executor, on promise of testator to make a mortgage.

For that the said A [testator,] in his lifetime, viz. on &c., at &c., in consideration that the plaintiff, at the special request of said A, had lent and advanced him the sum of $100, promised the plaintiff to make to him a mortgage for, or pay the said sum of $100, with interest, upon request; yet the said A, in his lifetime, or since his death, the said E, [defendant,] though on &c., at &c., thereto requested, has not made a mortgage &c., or paid the said sum, &c. See 3 Went.

547.

For not paying for goods delivered to a third person, according to promise of responsibility.

For that the said E [defendant,] on &c., at &c., in consideration that the plaintiff would, at the special request of the said E, then and there sell and deliver to one R, one hogshead of rum, of the value of $100, promised the plaintiff that he, the said E, would be answerable for the money, that is, for the price to be paid for the same, being forthcoming, at the proper time of payment. And the plaintiff says, that confiding in the said promise of the said E, he did, then and there, sell and deliver the said hogshead of rum, being of the value aforesaid, to the said R, and that the proper time of payment of the same, was at the expiration of six months from the said sale and delivery thereof; whereof the said E then and there had notice, and by reason thereof, and of his promise aforesaid, became answerable for the said $100, being forthcoming to the plaintiff, at the said proper time of payment of the same.

Add quantum meruits for goods sold to defendants; for goods sold and delivered to R, at defendant's request; and indebitatus assumpsit for goods, &c.

Conclusion.

Yet the said E, not regarding his promises aforesaid, but fraudulently intending to deceive the plaintiff in this behalf, hath never paid the said sums, or either or any of them, though requested thereto, after the same became due and payable at the end of the said six months, and, though the said sums yet remain unpaid to the plaintiff, wholly neglects and refuses so to do. See 3 Went. 554.

By parson, for not paying salary according to settlement.

For that the said inhabitants, on &c., at their parish meeting, duly and legally assembled, and held within the said parish, did vote and agree, to call and elect the plaintiff to the work of the ministry with them in the said parish. And the said inhabitants, afterwards, viz. on &c., at their other parish meeting, duly and legally assembled and held within the said parish, in consideration that the plaintiff would accept of their call and election to settle with them, and carry on the work of the ministry in said parish, did then and there further vote, promise, and agree, to and with the plaintiff, to give and pay him the sum of $-, as and for his settlement among them, in the gospel ministry as aforesaid; the one half thereof to be paid him in money; the other half in boards, shingles and nails, at money prices; and also give and pay him another sum of $-, yearly, and ten cords of wood, cord wood length, to be brought to his door yearly, as and for his salary, so long as he would stand in the relation of a pastor to them. And the said inhabitants, at their said meeting last abovementioned, did further vote, promise and agree to and with the plaintiff, if the said parish should consist of eighty rateable families, which he avers it never did, that then, and in such case they would give and pay him the sum of $-, as and for his salary yearly, during the term aforesaid. And the plaintiff in fact says, that, relying on the several votes beforementioned, of the said inhabitants, he, on &c., at &c., did accept of the said call and election, and duly settled with them in the office of the ministry in the said parish, and hath ever since constantly and regularly continued to carry on, perform and discharge the duties, work and business incumbent upon him as a minister of said parish, and hath ever since stood, and still standeth in the relation of a pastor to the said inhabitants. And the plaintiff further avers, that there are now in arrears and due to him, from said inhabitants, the sum of $-, and - cords

of wood of the value of $-, for — years' salary, ending the day of &c.; yet the said inhabitants, not regarding their votes, promises and agreements aforementioned, but intending and contriving to injure, vex, and oppress the plaintiff, though often requested by him, have not paid him the same sum of $-; nor have they, or any of them, ever given or delivered him the said cords of wood, or any part thereof, though he hath always, riz. at his dwellinghouse in said parish, been ready to receive the same; but they unjustly neglect and refuse to pay him the same sum or to deliver him the same wood, or in any way to satisfy him therefor. F. DANA.

For delivering, for a china enamelled standish, one made in imitation only; [in nature of case for deceit.]

For that the said T [defendant,] on &c., at &c., in consideration that the plaintiff had, then and there, promised the said T, at his special request, to pay him on demand $100, promised the plaintiff faithfully to deliver to him, the plaintiff, on demand, one china enamelled standish, of the value of $100; yet the said T, not regarding his promise aforesaid, but contriving to defraud the plaintiff in this behalf, though on &c., at &c., thereto requested, did not deliver the plaintiff one china enamelled standish, of the value of $100; but instead thereof, did then and there deceitfully and fraudulently deliver to the plaintiff, one other enamelled standish made in imitation of a china enamelled standish, of the value of $3 and no more, contrary to his promise aforesaid. [Add money counts.] See 3 Went. 140.

By a collector, for taxes.

Attach T &c., to answer to K M, of said Marblehead, mariner, and a collector of taxes for the year 1789, duly appointed and sworn, in a plea of the case; for that whereas the said T, in the year aforesaid, resided and inhabited at said Marblehead, and was then and there duly rateable, and was accordingly, by the assessors of that town, duly rated and assessed to the State, County and Town taxes, the sum of $-, and which rates among others, were there, by the assessors, viz. on &c., in the same year, committed to the plaintiff to collect; of all which the said T, then and there had notice, and was required to pay the same, but neglected so to do; and afterwards, viz. on &c., removed from the said town of Marblehead, the said rates against him being

wholly unpaid; whereby he became liable to the plaintiff for the amount thereof, as his proper debt; and in consideration thereof, then and there promised the plaintiff to pay him the said sum of $-, on demand.

SECOND COUNT. And for that whereas the said T, at said Marblehead, on &c., was indebted to the plaintiff in the sum of $-, for the amount of the State, County, and Town rates, duly assessed upon the said T, in and for the year 1789, in said Marblehead, where he then inhabited, and which rates were, with others committed to the plaintiff to collect, and being other than aforementioned, in consideration thereof, then and there promised the plaintiff, to pay him that sum on demand; yet, though often requested, he hath never paid the said sums, or either of them, but wholly refuses and neglects so to do. A. D. 1793. SEWALL.

By a collector for taxes, [specially stated.]

For that the freeholders and other inhabitants of the said town of A, qualified by law to vote in town affairs, duly met and assembled in town-meeting, legally called and held in said town, on &c., voted, granted and agreed upon a tax or assessment, of £-, of the value of $, to be assessed, and raised on the inhabitants within the same town, as the law directs, for paying the said town's debts, and defraying the necessary charges arising within the same. And the legislature of said commonwealth, by a law passed on &c., granted a tax of £-, of the value of $-, to be assessed, collected, and applied in and for said county of Essex. And the Court of General Sessions of the Peace, begun and holden at &c., within and for the same county of Essex, on &c., apportioned the same tax and sum, on the several towns and districts in the said county, according to law, and directed the clerk of said court to issue warrants. Accordingly, among other warrants, the said clerk issued a warrant to the assessors of the said town of A, requiring them to assess on the inhabitants of said town, as the law directs, the sum of £, of the value of $. And afterwards, on &c., at said A, the assessors of said town, being legally chosen and sworn, assessed on the said inhabitants of the said town, according to law, the two sums aforesaid, viz. the said £—, and the said £, amounting in the whole to £-, the said county tax being too small to be assessed separately; and then and there, among other assessments, assessed on the said