Legal Opinion · Dissent

Rogers v. Merchants & Planters Bank

Supreme Court of Arkansas

Decided May 29, 1990No. 89-350Published

1DissentSteele Hays, Justice

I agree that under Ark. Stat. Ann. § 4-3-118(f) (1987) a bank may not unilaterally extend payment of a promissory note more than once, or for a period longer than the original note, without releasing an accommodation maker. However, § 118(f) is prefaced by the words “unless otherwise specified” and where, as here, there are five successive extensions, each for a period of six months, the second and fourth of which are approved in writing by the accommodation maker, I believe the parties have substituted a period of time other than specified in the original note and in that circumstance a…

2Cases cited1 opinion

  1. McIlroy Bank and Trust v. MaestriSupreme Court of Arkansas · 1988

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