Public-domain · open source
OpenJurist

Due

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

Just and proper, as due care, due rights. Ryerson v. Boorman, 8 N. J. Eq. 701; Jones v. Inhabitants of Andover, 10 Allen. Due presentment and demand of payment must be made.

See Bank of Pennsylvania v. McCalmont, 4 Rawle (Pa.) 307; Collins's Adm'x v. Janey, 3 Leigh (Va.) 389; Simms v. Slacum, 3 Cra. (U. S.) 300, 2 L. Ed. 446.

What ought to be paid; what may be demanded. It differs from owing in this, that sometimes what is owing is not due: a note payable thirty days after date is owing immediately after it is delivered to the payee, but it is not due until the thirty days have elapsed.

But see Allen v. Patterson, 7 N. Y. 476, 57 Am. Dec. 542; Scudder v. Scudder, 10 N. J. L. 340; U. S. v. Bank of North Carolina, 6 Pet. (U. S.) 36, 8 L. Ed. 308.

The word "due," unlike "arrears," has more than one signification, and expresses two distinct ideas. At times it signifies a simple indebtedness without reference to the time of payment; at others it shows that the day of payment has passed; Wiggin v. Knights of Pythias, 31 Fed. 125; Scudder v. Scudder, 10 N. J. L. 345.