Arkansas Code Annotated
Ark. Code Ann. § 4-3-114 (2020)
Contradictory terms of instrument
✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.
History. Acts 1991, No. 572, § 5.
Case Notes
In General.
Words prevail over numbers. France v. Ford Motor Credit Co., 323 Ark. 167, 913 S.W.2d 770 (1996).
Check Imprinting Machine.
Because a check imprinting machine's purpose is to protect against alterations, the amount shown on the imprint should control whether the number is in words or figures. Galatia Community State Bank v. Kindy, 307 Ark. 467, 821 S.W.2d 765 (1991) (decision under prior law).
Notes of Decisions
Cited in 2
cases, 1991–1996 · leading case: France v. Ford Motor Credit Co., 913 S.W.2d 770 (Ark. 1996).
France v. Ford Motor Credit Co., 913 S.W.2d 770 (Ark. 1996). “As words prevail over numbers, Ark. Code Ann. § 4-3-114 (Repl. 1991), the Bank of Eureka Springs debited the France account $8.”
Galatia Cmty. State Bank v. Kindy, 821 S.W.2d 765 (Ark. 1991). “§ 4-3-118 (b) and (c) (1987) which has since been superseded by Ark. Code Ann. § 4-3-114 (Supp. 1991) but which was in effect at the time in question in this case.”
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