Rogers v. Atkinson
Supreme Court of Arkansas
Appeal from .Saline Circuit Court; W. H. Evans, Judge; If the payment of $8.50 was made on April 18, 1918, the action on the note was not barred, notwithstanding the statute of limitations. 5 Ark. 551; 19 Ark. 692; 20 Ark. 171; 97 Ark. 217; 92 Ark. 245; 75 Ark. 603; 99 Ark. 212. The jury having found in favor of the plaintiff for the amount of the note, he was also entitled to interest on same. 77 Ark. 234; 100 Ark. 395.
1Opinion of the CourtSmith, J.
Appellant sued to recover on a note payable to his order for the sum of $250, with interest at ten per cent, per annum from date until paid. The note was dated March 18, 1915, and the shit was not commenced until January 31, 1921, and the defense interposed was that the cause of action was barred by the statute of limitations. It was alleged by the plaintiff, however, that a payment of $8.50 had been made on the note on April 18, 1918. This payment was denied, and the cause was tried on that issue. The instructions told the jury the verdict should be for the defendant unless they found this…
2Cases cited4 opinions
- Minot v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Mt. Nebo Anthracite Coal Co. v. MartinSupreme Court of Arkansas · 1908
- Flesher v. HubbardSupreme Court of Oklahoma · 1913
- Southern Surety Co. v. BarhamSupreme Court of Arkansas · 1918
3Cited by6 opinions
- Arkansas State Highway Commission v. StupentiSupreme Court of Arkansas · 1953
- White Black Rivers Bridge Company v. VaughanSupreme Court of Arkansas · 1931
- Whitlock v. Barham & DuncanSupreme Court of Arkansas · 1926
- Norton v. HickingbottomSupreme Court of Arkansas · 1947
- Boone v. General Shoe Corp.Supreme Court of Arkansas · 1951
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