Beal-Burrow Dry Goods Co. v. Levy
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; The plaintiff was entitled to interest on each item of its account from maturity. The court so instructed the jury. 36 Ark. 355; 46 Ark. 87; 98 Ark. 519. The court erred in submitting the question of waiver of interest to the jury and not in instructing the jury to find for plaintiff. The plaintiff waived the right to charge interest, and the court properly submitted that question to the jury.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; The plaintiff was entitled to interest on each item of its account from maturity. The court so instructed the jury. 36 Ark. 355; 46 Ark. 87; 98 Ark. 519. The court erred in submitting the question of waiver of interest to the jury and not in instructing the jury to find for plaintiff. The plaintiff waived the right to charge interest, and the court properly submitted that question to the jury. The scintilla of evidence rule should certainly apply.
1Opinion of the CourtHumphreys, J.
Appellant presented a claim to appellee, administratrix of the estate of M. Levy, deceased, for interest in the sum of $86.53 on the overdue items of an account current for the year 1916, which was disallowed by the administratrix on August 16, 1917, and filed for allowance against said estate in the Pulaski Probate Court on August 18,1917.
Appellee denied liability and the claim was disallowed by the probate court on December 17, 1917, from which judgment of disallowance, an appeal was prosecuted to the circuit court..
The cause proceeded to trial in the circuit court, and, at the conclusion…
2Cited by1 opinion
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