Dickinson v. Atkins
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District; T. C. Trimble, Judge; 1. On January 31 plaintiff was tendered a check for his wages. He did not demand interest, nor refuse the check because a few cents interest was not included. The tender of wages without interest stopped the running of the penalty, and plaintiff’s recovery was limited to $52.71, his wages, and $27.36 penalty.
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Appeal from Prairie Circuit Court, Northern District; T. C. Trimble, Judge; 1. On January 31 plaintiff was tendered a check for his wages. He did not demand interest, nor refuse the check because a few cents interest was not included. The tender of wages without interest stopped the running of the penalty, and plaintiff’s recovery was limited to $52.71, his wages, and $27.36 penalty. Kirby & Castle’s Digest, § 5464; 64 Ark. 83; 96 Id. 634; 93 Id. 497; 76 Id. 326. The court erred in giving plaintiff’s instructions 1 and 7 and in refusing defendant’s Nos. 7 and 8. 2. Plaintiff was entitled to…
1Opinion of the Court
WOOD, J.,
(after stating tbe facts). When appellants discharged tbe appellee on tbe 15th day of January there was due him tbe sum of $25.14. On tbe 31st day of January thereafter tbe appellants tendered to tbe appellee this sum, without including tbe amount of tbe interest thereon due to that date. Tbe amount of tbe interest on tbe date of tbe tender, excluding tbe seven days allowed by law for tbe appellants to bave made payment, at tbe rate of 6 per cent, per annum, would be between three and one-half and four cents.(1) For tbe purpose of this case it may be conceded, without deciding tbe…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PaulSupreme Court of Arkansas · 1897
- Van Winkle v. SatterfieldSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. BryantSupreme Court of Arkansas · 1909
- Read's Drug Store v. Hessig-Ellis Drug Co.Supreme Court of Arkansas · 1910
- Hall v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Taylor v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Eighth Circuit · 1943
- Galloway v. RussSupreme Court of Arkansas · 1927
- Watts v. EnglandSupreme Court of Arkansas · 1925
- Walker v. WhitmoreSupreme Court of Arkansas · 1924