Thorne v. Mosher
New Jersey Court of Chancery
This cause was heard upon bill, answer, and proofs. The bill was filed to foreclose a mortgage dated March 1st, 1868, given to secure the payment of $1200 in three years, with • interest payable on the first days of March and September in each year, and a proviso that if the interest should not be paid' within fifteen days after the same should become due, the-whole principal should be due.
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This cause was heard upon bill, answer, and proofs. The bill was filed to foreclose a mortgage dated March 1st, 1868, given to secure the payment of $1200 in three years, with • interest payable on the first days of March and September in each year, and a proviso that if the interest should not be paid' within fifteen days after the same should become due, the-whole principal should be due. The interest due on the ■ 1st of September, 1868, was not paid, but just after sunset on the 16th, Mrs. Mosher went to Thorne’s house, and offered to pay Mrs. Thorne $42, the interest thereon; she refused…
1Opinion of the Court
The Changellob.'
The first question is, whether the offer was made in time. And that depends upon the question whether the first day, and the day on which the interest became due, shall both be computed as part of the fifteen days. The natural and usual *262meaning of the words would reject the first day. No one would consider that any act to be done in one day after a stated event, should be done on the same day, but on the day after. The law disregards fractions of a day, and if the day begins and ends at twelve at midnight, any act done within the twenty-foür hours succeeding midnight, is done…
2Cited by2 opinions
- Miller v. HeadleyNew Jersey Court of Chancery · 1932
- Boyden v. . ClarkeSupreme Court of North Carolina · 1891