McDONALD v. SHACKELFORD

No. 83-95.

652 S.W.2d 8 (1983)

279 Ark. 304

A.Y. Mcdonald manufacturing company, Appellant, v. Earnest shackelford, Appellee.

Supreme Court of Arkansas.

Rehearing Denied July 5, 1983.


Attorney(s) appearing for the Case

Smith & Smith by Raymond C. Smith, Fayetteville, for appellant.

Matthew T. Horan and E.E. Maglothin of Putman, Gallman & Dickson, Fayetteville, for appellee.


HICKMAN, Justice.

The question is whether it is usury, in violation of the Arkansas Constitution, for a creditor to charge a monthly rate of interest on an open account which exceeds 10% per annum on a monthly basis but would not exceed 10% if figured on an annual basis. The trial court held that it was usury and we affirm the judgment.

McDonald Manufacturing is a Missouri firm that sold goods to Shackelford, an Arkansas plumbing and heating contractor. McDonald...

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