Farmers Bank of Greenwood v. Perry

Notwithstanding the fact that the appellees expressly agreed “to hold Farmers Bank harmless for loss of currency or coins” left in the safety deposit box, the trial court refused to permit the introduction of that provision in the trial of this case. Thus that evidence was excluded from the jury. The majority opinion asserts that Arkansas law “clearly supports the trial court’s decision.” I respectfully disagree.

The majority relies entirely on two decisions of this court [Middleton & Sons v. Frozen Food Lockers, 251 Ark. 745, 474 S.W.2d 895 (1972) and Gulf Compress Company v. Harrington, 90…