Legal Opinion

Powhatan Zinc & Lead Mining Co. v. Hill

Supreme Court of Arkansas

Decided April 10, 1911PublishedCited by 5 opinions

Appeal from Lawrence Chancery Court; George H. Humphries, Chancellor; Under the contract • no interest could be charged. 22 Cyc. '1474, 1491; Kirby’s Dig. § 5387; 53 111. App. 245; 9 N. W. Rep. 265; 36 Mich. 239; 51 Me. 376 ; 29 Am. Dig. 44, note K. Where no interest is specified “until paid,” only six per cent, can be recovered from maturity until paid. Final judgments bear six per cent, interest unless a larger amount is agreed upon.

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Appeal from Lawrence Chancery Court; George H. Humphries, Chancellor; Under the contract • no interest could be charged. 22 Cyc. '1474, 1491; Kirby’s Dig. § 5387; 53 111. App. 245; 9 N. W. Rep. 265; 36 Mich. 239; 51 Me. 376 ; 29 Am. Dig. 44, note K. Where no interest is specified “until paid,” only six per cent, can be recovered from maturity until paid. Final judgments bear six per cent, interest unless a larger amount is agreed upon. Kirby’s Dig. § 5387. The note drew 10 per cent, interest.. All contracts bear six per cent, after maturity, unless the contract otherwise provides by saying…

1Opinion of the CourtMcCulloch, C. J.

The plaintiffs, Victoria Hill and J. M. Lester, instituted this action in the chancery court of Lawrence County against the defendant, Powhatan Zinc & Lead Mining Company, a domestic corporation, to recover the sum of $500, with interest, alleged to be due as a part of the purchase price of certain lands situate in that county, and to foreclose their lien, as vendors, on said lands.

At the'first term of court thereafter the case was continued until the April term-, 1910, when a decree purporting to be upon consent of parties was duly entered for said principal sum of money together with ten…

2Cases cited5 opinions

  1. Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
  2. Roberts v. Wilcoxson & RoseSupreme Court of Arkansas · 1880
  3. Johnson v. MeyerSupreme Court of Arkansas · 1891
  4. Texas & St. Louis Railway Co. v. DonnellySupreme Court of Arkansas · 1885
  5. Gardner v. BarnettSupreme Court of Arkansas · 1880

3Cited by5 opinions

  1. Hartford School District No. 94 v. Commercial National BankSupreme Court of Arkansas · 1945
  2. Busch v. GecksSupreme Court of Arkansas · 1945
  3. Allen v. MillerNorth Dakota Supreme Court · 1957
  4. Sinclair Refining Co. v. BurkholderSupreme Court of Arkansas · 1936
  5. East St. Louis Cotton Oil Co. v. HutchinsSupreme Court of Arkansas · 1933

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