Joshua Whitney against John Crosby

Joshua Whitney against John Crosby. When a note deraandable immediately, is on interest from any given month, without particularizing; the year, it means the month of that name next antecedent to the date of the note, ff there be one good count, and a demurrer put into the whole declaration, judgment will be for the plaintiff, tho’ ⅝ special cause be assigned, which is applicable to only one of the counts. TO a declaration on a note dated the 15lh of July 18Q3, ao bnowledging there was due to the plaintiff 188 dols. 90 cts. on interest from the first day of June, with a second count for money had and received, the defendant assigned, as a special cause of demurrer to the whole declaration, the uncertainty in not specifying from what June the interest was to accrue. [MAJORITY — Per curiam.] Per curiam. The first count is good, because certain to a common intent. When a day or month is,mentioned as antecedent, or subsequent to a contract, and the precise day or month is not specified, it means the time nearest to the date of the contract. As the money here, was payable immediately, with interest from the 1st of June, it must mean the preceding 1 st of June. It can have no other interpretation. A further reason why the plaintiff must have judgment is, the demurrer is to the whole declaration, and the second count is clearly good.