Whitney v. Crosby
New York Supreme Court
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.
1Per 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.
2Cited by1 opinion
- Hendrickson v. Pennsylvania RailroadSupreme Court of New Jersey · 1881