judgment, and leviable and payable in that behalf, amounting together to a large sum of money, to wit, the sum of £; and the plaintiff, by means of the premises, was forced and obliged to, and did then incur and sustain great costs, charges and expenses, amounting in the whole to a large sum of money, to wit, the sum of £- in and about the defence of the said proceedings, and settling and putting an end to the same; of all which said premises the defendant afterwards, to wit, on [&c.] had notice; and the defendant, not regarding his said promise and undertaking, hath not saved harmless or indemnified the plaintiff from the said payments, damages, costs, charges and expenses by him incurred as aforesaid, but hath hitherto wholly neglected and refused so to do, and the plaintiff hath been and is damnified to the amount thereof, contrary to the said promise and undertaking of the defendant. [Add account stated and breach, as ante, 48, Form 2. 4. Upon a Promise to indemnify the Plaintiff if he would defend an Action against him for Money, in which the Defendant claimed an Interest. (s) For that whereas before the making of the promise of the defendant hereinafter next mentioned, to wit, on [&c.] a certain person, to wit, one G. Y., deposited in the hands of the plaintiff a large sum of foreign money of great value, to wit, of the value of £42 of lawful money of Great Britain, and the plaintiff, at the request of the defendant, then delivered to him the said sum of money of the said G. Y., he the defendant then claiming the same, and the plaintiff not knowing to whom the same belonged, and the said G. Y. then threatened to commence an action at law against him the plaintiff for the recovery of the said sum of money, and thereupon afterwards, to wit, on [&c.] in consideration that the plaintiff, at the request of the defendant, would defend any action which the said G. Y. should commence against him for or on account of the said sum of money, the defendant then promised the plaintiff to save him harmless from the consequences of the said action, and the plaintiff avers that the said G. Y. afterwards, to wit, on [&c.] did bring, commence, and prosecute an action against the said plaintiff in the Court of Queen's Bench at Westminster, for the recovery of the said sum of money, whereof the defendant then had notice: and although the plaintiff did then, with the privity and consent of the defendant, and to the best of his ability and power, defend the said action or suit, yet such proceedings were afterwards had in the said suit that the said G. Y. afterwards, to wit, on [&c.] by the consideration and judgment of the said Court, recovered against the plaintiff in the said Court, in the aforesaid action, damages to a (s) Williamson v. Henley, 6 Bing. 299; v. Dansey, 6 Bing. 506. See Wilkinson v. form on promise of indemnity if plaintiff would Byers, 1 A. & Ell. 106. defend a vicar's equity suit for tithes, Adams day of large amount, to wit, the amouns of £42: 15s.; and thereupon afterwards, to wit, on [&c.] a certain writ of our said Lady the Queen, called a capias ad satisfaciendum, was issued out of the said Court of Queen's Bench upon the said judgment, directed to the sheriffs of London, by which said writ our said Lady the Queen commanded the said sheriffs [set out the writ], and afterwards, to wit, on [&c.] the plaintiff was taken and arrested by his body under and by virtue of the said writ of capias ad satisfaciendum, at the suit of the said G. Y., and was kept and detained in custody under and by virtue of the said writ, for a long space of time, to wit, from thence until the in the year last aforesaid, when the plaintiff, in order to procure his discharge from the said imprisonment, was forced and obliged to pay, and did then necessarily pay,(t) the said sum of £42: 15s. so recovered by the said G. Y. as aforesaid, and also the sum of £— for poundage, and officers' fees, and other expenses, upon and in respect of the said writ. And the plaintiff was also, by means of the premises, put to other great charges and expenses of his moneys, amounting to a large sum, to wit, to the sum of £56, in defending and settling the said action, and was imprisoned during all the time aforesaid, and thereby during all that time was prevented from following his necessary business and affairs, and lost and was deprived of an opportunity of going upon a certain voyage, to wit, a voyage to the West Indies and back, and lost divers great gains which he might and otherwise would have made thereby, amounting to a large sum, to wit, the sum of £200, and was and is, by means of the premises, otherwise greatly damnified, To the plaintiff's damage of £, and therefore he brings his suit, &c. 5. By a Sheriff's Officer upon an Indemnity to him if he would sell Goods under a fieri facias issued by Defendant, showing that the true Owner recovered against the Sheriff in trover, and the Plaintiff was thereby damnified. For that whereas before the making of the defendant's promise hereinafter mentioned, to wit, on [&c.] the defendant issued out of the Court of Queen's Bench at Westminster, a certain writ of our Lady the Queen, called a fieri facias, directed to the sheriff of ; by which said writ our said Lady the Queen commanded &c. [set out the whole of the writ,] which said writ was heretofore, to wit, on [&c.] aforesaid, indorsed with a direction to the said sheriff to levy the whole of the damages aforesaid [or, "-"] besides [&c. copy indorsement,] and which said writ, so indorsed as aforesaid, was, on [&c.] delivered to W. N., Esq., who then and afterwards was sheriff of the said county of in due form of law to be executed; and whereas, under and by virtue of the said writ, and the said sheriff's warrant there (t) Ante, 134, note (v). upon to him the plaintiff then granted, the plaintiff, as one of the bailiffs and officers of the said sheriff, to wit, on [&c.] at the defendant's request, seized and took in execution, and was then in 'possession of certain goods and chattels, to wit, [describe them as in trover] as being the proper goods and chattels of the said E. F., subject and liable to be taken in execution under and by virtue of the said writ; and which said goods and chattels were then claimed and demanded of the plaintiff by one H. S., as being the proper goods and chattels of the said H. S., whereof the defendant then had notice; and thereupon heretofore, to wit, on [&c.] in consideration of the premises and that the plaintiff, at the defendant's request, would proceed to sell the said goods and chattels, under and by virtue of the said writ and warrant, in order to levy thereout the moneys so indorsed on the said writ [or "to levy the moneys indorsed upon the said writ, and directed to be levied as aforesaid upon and out of the said goods and chattels so seized and taken in execution as aforesaid,"] he the defendant then promised the plaintiff to indemnify and save harmless him the plaintiff from and against the aforesaid claim of the said H. S., and from and against any loss or damage which he the plaintiff should or might sustain in consequence thereof [and to join in a bond of indemnity with another person, to be approved of by the plaintiff, and deliver the same to the plaintiff for the purpose aforesaid.] And the plaintiff avers that he, confiding in the said promise of the defendant, did afterwards, to wit, on [&c.] sell the said goods and chattels under and by virtue of the said writ and warrant, in order to levy and did thereby and thereout levy the said money so indorsed on the said writ [or "proceed to levy and did then levy the said moneys so indorsed and directed to be levied upon and out of the said goods and chattels so seized and taken in execution as aforesaid, and which said last-mentioned damages," or "proceed to get the said goods and chattels appraised, and the same were accordingly then appraised under and by virtue of the said writ and warrant, for the purpose aforesaid; and that the plaintiff would have proceeded to the sale thereof but that the said H. S., in order to prevent such sale, did afterwards, to wit, on [&c.] pay and satisfy the moneys so indorsed on the said writ, and directed to be levied as aforesaid,"] which were then paid over to and received by the defendant; and the plaintiff, in fact, further saith, that afterwards, to wit, on [&c.] the said H. S., by reason of the premises, impleaded the said W. N. in the Court of Queen's Bench, in an action on the case for the conversion of the said goods and chattels by the said levy and sale: and such proceedings were thereupon had in the said Court that the said H. S. afterwards, to wit, on [&c.] by the consideration and judgment of the same Court, recovered on the same plea, against the said W. N., the value of the said goods. and chattels, on occasion of the said levy and sale, and the costs of the said H. S. in that behalf, that is to say, £- for his damages, which he had sustained, as well by reason of the premises as for his costs and charges by him about his suit in that behalf expended, whereof the said W. N. was convicted, as by the record and proceedings thereof remaining in the said Court fully appears, by means of which said several premises he the plaintiff, as such bailiff and officer as aforesaid, and who, as such, was bound to indemnify the said sheriff, as the defendant, at the several times aforesaid well knew, afterwards, to wit, on [&c.] was forced and obliged to, and did then necessarily pay (t) and satisfy a large sum of money, to wit, the said sum of money so recovered as aforesaid: of all which the said several premises the said defendant afterwards, to wit, on [&c.] last aforesaid had notice, yet the defendant did not nor would pay the said sum of £— or any part thereof to the plaintiff, and thereby or otherwise indemnify or save harmless the plaintiff from and against the aforesaid claim of the said H. S., or from and against the aforesaid loss and damage which he the said plaintiff had so as aforesaid sustained in consequence thereof, [nor did nor would the defendant, although afterwards, to wit, on [&c.] requested by the plaintiff so to do, join in a bond of indemnity with another person and deliver the same to the plaintiff for the purpose aforesaid,] but to indemnify or save harmless the said plaintiff, [or to join in and deliver such bond of indemnity as aforesaid,] he the said defendant hath hitherto wholly refused and still refuses so to do. [Add account stated and breach, as ante, 48, Form 2. 6. For not indemnifying the Plaintiff (who assigned a Lease held by him to the Defendant) against the covenants, and allowing the Plaintiff's Goods, left on the Premises, to be distrained. Groom v. Bluck, 2 M. & G. 567. 7. On an Indemnity to a distraining Broker, if he would seize Goods supposed to be privileged, showing Damage by actions brought at the suit of the Owners. Toplis v. Crane, 5 B. N. C. 636. 8. On an Indemnity to a distraining Broker, given by a Landlord on the representation that Rent was due from his Tenant, showing special Damage by reason of the Tenant bringing an action. Cox v. Bailey, 6 M. & G. 193. (t) See ante, 124, note (o). 9. On a guarantee to pay Notes or surrender the Maker to be taken in Execution. Lewis v. Davison, 4 M. & W. 654. INSURANCE BROKER. 1. Against an Insurance Broker who had undertaken to effect an Insurance for Plaintiff, stating his implied Duty to give the Plaintiff notice in case he could not effect it. Callender v. Oelrichs, 5 B. N. C. 58. Held in that case not necessary to prove any express promise to perform that duty; and see Brown v. Boorman, 11 Cl. & Fin. 1; S. C. 3 Q. B. 511. 2. Indebitatus Count for Brokerage and for Premiums paid by Plaintiff for underwriting. (u) For that whereas the defendant, on [&c.], was indebted to the plaintiff in £—, for work by him done, at the defendant's request, in and about the drawing and making out of policies of insurance of divers ships as an insurance broker, and in procuring persons to insure money upon the said ships; and for money advanced and paid by the plaintiff for the defendant, at his request, to divers persons for premiums for the underwriting and subscribing the said policies for the insurance of the said ships during certain voyages; and for the work and labour of the said plaintiff in that behalf, and in other the defendant's business, at his request, and for money due and payable from the defendant to the plaintiff for his having underwritten and subscribed, and caused and procured to be underwritten and subscribed, divers policies of insurance for the defendant at his request, and for [add account stated and breach, as ante, 48, Form 1. INSURANCE, POLICY OF. (x) 1. Upon a Policy of Insurance upon the Cargo of a Ship, &c. For that whereas the plaintiff [or if the policy were effected in the name of a third person, as the plaintiff's agent, add, "by one E. F., the plaintiff's (u) See form, &c., Power v. Butcher, 10 B. & C. 329; form against an insurance broker for breach of duty, ante, 54, Form 5. (1) Abbott on Shipping, by Serjeant Shee; Hughes on Insurance; 2 Stark. on Evidence, tit. "Insurance;" forms, Hughes, 523, 527, &c.; Parfitt v. Thompson, 13 M. & W. 392. Assumpsit or debt is the remedy where the policy is not under seal; debt or covenant must be brought where the policy is under |