Legal Opinion · Concurring in part, dissenting in part

Smith v. Beall

Supreme Court of Arkansas

Decided March 9, 1970No. 5-5036Published

1Concurring in part, dissenting in partJohn A. Fogleman, Justice

I concur in the affirmance, but not the modification of the judgment. The 5% "additional sums” were allowed by the court on $4,900 representing 49 payments at $100 per month to which appellants had become entitled as of the date of the judgment. Appellants say that appellee was not entitled to this $245 in interest. They argue simply that there is no basis in law or fact for this allowance. Yet appellee was entitled to interest on each payment from the date it became due. United Fidelity Life Insurance Co. v. Dempsey, 193 Ark. 204, 98 S. W. 2d 943; Mutual Life of New York v. Holder, 194 Ark.…

2Cases cited2 opinions

  1. United Fidelity Life Insurance v. DempseySupreme Court of Arkansas · 1936
  2. The Mutual Life Ins. Co. of N.Y. v. HolderSupreme Court of Arkansas · 1937

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