Wilson-Ward Co. v. Walker
Supreme Court of Arkansas
Appeal frpm St. Francis Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. Appellants brought this suit on a promissory note in form and with endorsements as follows: “Forrest City, Ark., Mar. 2, 1910. “January 15, 1911, after date we promise to pay to the order of Wilson-Ward Company, Twenty Five Hundred and no-100 Dollars, for value received, negotiable and payable without defalcation or discount and with interest from date at the rate of eight per cent, per…
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Appeal frpm St. Francis Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. Appellants brought this suit on a promissory note in form and with endorsements as follows: “Forrest City, Ark., Mar. 2, 1910. “January 15, 1911, after date we promise to pay to the order of Wilson-Ward Company, Twenty Five Hundred and no-100 Dollars, for value received, negotiable and payable without defalcation or discount and with interest from date at the rate of eight per cent, per annum until paid, payable at the office of Wilson-Ward Company, Memphis, .Tenn. (Signed) “The J. W. Beck Company, By J. H.…
1Opinion of the CourtKirby, J.
(after stating the facts). It is contended that the court erred in directing a verdict and the contention must be sustained.
In Whitlock v. Cohn, 72 Ark. 83, the court, in a suit upon a note executed in this State bearing a higher rate of interest than was allowed in the place designated for its payment, Illinois, where the rate of interest stipulated was usurious, said:
“Where the intention of the parties is not otherwise more directly and definitely expressed in the contract, nor can be otherwise inferred, the place of payment will determine the law with reference to which parties have…
2Cases cited2 opinions
- Bank v. WalterTennessee Supreme Court · 1900
- Whitlock v. CohnSupreme Court of Arkansas · 1904
3Cited by5 opinions
- Cooper v. Cherokee Village Development Co.Supreme Court of Arkansas · 1963
- National Surety Corporation v. Inland Properties, Inc.District Court, E.D. Arkansas · 1968
- Dupree v. Virgil R. Coss Mortgage CompanySupreme Court of Arkansas · 1924
- Grogg v. Colley Home Center, Inc.Supreme Court of Arkansas · 1984
- Yarbrough v. Prentice Lee Tractor Co.Supreme Court of Arkansas · 1972