Contracts · MBE-tested
Joshua Whitney v. John Crosby
1 Cole. & Cai. Cas. 442·New York Supreme Court·1805·NY
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Opinion
Joshua Whitney v. John Crosby.
TO a declaration on a note dated the 15th of July, 1803, acknowledging there was due to the plaintiff 188 dollars 90 cents on interest from the first day of June, with a second count for money had and receiv@d, 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 1st 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.