from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
MONEY COUNTS, 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
indebitatus assumpsit. (q.v.) 2. The quantum meruit. (q.v.) 3. The quantum
valebant. (q.v.) and, 4. The account stated. (q.v.) 2. 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, Rep. 299; 10 Mass. Rep. 287; 7
Johns. Rep. 132; 10 John. Rep. 136; 5 Mass. Rep. 391. It is therefore
advisable to insert the money counts in an action of assumpsit, when suing
on a special contract. 1 Chit. Pl. 333, 4.