{
  "id": 1428307,
  "name": "McNeil v. Harris",
  "name_abbreviation": "McNeil v. Harris",
  "decision_date": "1934-01-29",
  "docket_number": "4-3312",
  "first_page": "706",
  "last_page": "707",
  "citations": [
    {
      "type": "official",
      "cite": "188 Ark. 706"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 184,
    "char_count": 2425,
    "ocr_confidence": 0.504,
    "sha256": "ff5dea3417a8ca2afe1a5bf48df073fa96f5fb1d98d2bee9092640a6012864da",
    "simhash": "1:8dbcf52650a6c803",
    "word_count": 377
  },
  "last_updated": "2023-07-14T22:44:11.517500+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "McNeil v. Harris."
    ],
    "opinions": [
      {
        "text": "Johnson, C. J.\nThis is a foreclosure action instituted by appellees against appellants in the Benton County Chancery Court. A default decree was entered, and this appeal is prosecuted therefrom. But one question is presented for determination, namely, the construction of the language contained in the notes evidencing the indebtedness secured by the mortgage. One of the notes reads as follows:\n\u201c$1,000 Endorsement Balance\nBogers, Ark., July 9,1928 on due on\nOn or before Aug. 15, 1932 principal principal\n\u2014days after date I, we, or 192 $.....,......$...............\neither of us, promise to pay 192 \u2022 $............$...............\u25a0\nto the order of 192 $............$...............\nB. J. Jeffords. 192 $............$...............\nOne Thousand \u2014 Dollars 192 $.-- \u2014 --- $...............\nFor value received, negotiable and payable at the Farmers \u2019 State Bank, without defalcation or discount, and with interest from date at the rate of 8 per cent, per annum, payable........................until paid, and if not paid when due with collection charges and attorney\u2019s fees, and, if interest be not paid annually, to become as principal, and bear the same rate of interest. The makers and indorsers severally waive presentment for payment, protest and notice of protest, and nonpayment of this note, and agree to extension of this note from time to time without notice.\n\u201cNo.................................... (Signed) T. S. McNeil\n\u201c Grace McNeil\n\u201cDue on or before Aug. 15, 1932.\n\u201cP. O. Bogers, Arkansas.\u201d\nThe following appears on the back of said note:\n\u201cFor value received, I hereby assign the within note to T. E. Harris, Vol T. Lindsey and E. W. Vinson,'without recourse.\n\u201cB. J. Jeffords.\u201d\nThe trial court, in its decree, compounded interest annually on the notes in controversy at 8 per cent., and this is the alleged error presented for decision.\nWe think the decree is correct. The language employed by the parties in the note as follows: \u2018 \u2018 and if interest be not paid annually, to become as principal, and bear the same rate of interest, \u2019 \u2019 when construed with all other provisions of the note, makes it clear that it was the intention of the parties that the interest mature annually, instead of at the maturity of the note as contended by appellants.\nThe decree is correct, and must be affirmed.",
        "type": "majority",
        "author": "Johnson, C. J."
      }
    ],
    "attorneys": [
      "Rice & Rice, for appellant.",
      "Vol T. Lindsey, for appellee."
    ],
    "corrections": "",
    "head_matter": "McNeil v. Harris.\n4-3312\nOpinion delivered January 29, 1934.\nRice & Rice, for appellant.\nVol T. Lindsey, for appellee."
  },
  "file_name": "0706-01",
  "first_page_order": 724,
  "last_page_order": 725
}