Opinion

Bailey v. Commerce Union Bank

  • 223 Ark. 686
  • 269 S.W.2d 314
Court
Supreme Court of Arkansas
Filed
May 17, 1964
Status
Published
Author
MoFaddin
On the bench
George Rose Smith
Cited by
7 cases

The opinion

Ed. F. MoFaddin, Justice (concurring on rehearing). T dissented from the Majority’s original opinion, because I did not favor overruling Justice Battle’s holding in Hiner v. Whitlow.

Now, I concur with the result reached by the Majority on rehearing; and I write this concurring opinion to emphasize that NOW all reference to Hiner v. Whitlow in the majority’s original opinion is dicta and nothing but dicta.

By the rehearing opinion the Majority is holding that the contract here involved is not usurious because the contract is governed by the law of Tennessee. Such holding leaves as dicta all the language in the original majority opinion in regard to the Iliner case; and such dicta is not, in my way of thinking, sufficient to overrule the holding of Justice Battle in Hiner v. Whitlow.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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