SUNDERLAND v. BABCOCK

No. 5-561.

277 S.W.2d 74 (1955)

Florence C. SUNDERLAND, Executrix et al., Appellants, v. James Junior BABCOCK, Appellee.

Supreme Court of Arkansas.

Rehearing Denied April 25, 1955.


Attorney(s) appearing for the Case

Rose, Meek, House, Barron & Nash and j. Phillip Carroll, Little Rock, for appellants.

Brockman & Brockman, Pine Bluff, for appellee.


GRIFFIN SMITH, Chief Justice.

The chancellor found that a loan evidenced by a note for $2,200 was not usurious and rendered judgment for $1,999— the amount actually received by the borrower.

The transaction occurred in this way: E. C. Kininmonth, doing business as Joe Kinney Construction Company, was using three pieces of heavy machinery belonging to E. N. Sunderland. The relationship of Kininmonth and Sunderland is unimportant except as that relationship...

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