Legal Opinion
Mathias v. Hicks
Court of Appeals of South Carolina
Decided December 14, 1987No. 1074PublishedCited by 5 opinions
1Opinion of the Court
Cureton, Judge:
This is a suit for a deficiency judgment. Section • 36-9-504(2), Code of Laws of South Carolina, 1976. The issue on appeal concerns the right of a secured creditor to obtain a deficiency judgment in the circumstance where the creditor fails to give the debtor notice of the sale of the collateral as provided in Section 36-9-504(3). We affirm the decision of the trial court.
The respondent, David J. Mathias, was the owner of a restaurant in Columbia. He sold the restaurant and equipment through a third party to the appellant, Shirley A. Hicks. A note was executed by Hicks in favor…
2Cases cited14 opinions
- Atlas Thrift Co. v. HoranCalifornia Court of Appeal · 1972
- DeLay First National Bank & Trust Co. v. Jacobson Appliance Co.Nebraska Supreme Court · 1976
- First State Bank v. HallettSupreme Court of Arkansas · 1987
- Emmons v. BurkettSupreme Court of Georgia · 1987
- First Galesburg National Bank & Trust Co. v. JoannidesIllinois Supreme Court · 1984
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3Cited by5 opinions
- Andrews v. Von Elten & Walker, Inc.Court of Appeals of South Carolina · 1993
- Republic National Bank v. DLP Industries, Inc.Supreme Court of South Carolina · 1994
- Catawba Indian Tribe of South Carolina, Also Known as the Catawba Nation of South Carolina v. State of South CarolinaCourt of Appeals for the Fourth Circuit · 1989
- Catawba Indian Tribe of South Carolina, Also Known as the Catawba Nation of South Carolina v. State of South CarolinaCourt of Appeals for the Fourth Circuit · 1989
- First Chatham Bank v. LandersDistrict Court, D. South Carolina · 2011