Rice v. Hampton
Supreme Court of South Carolina
Before Wieson, J., Union. Action by Evelina Rice, as administratrix of the estate of S. M. Rice, deceased, against Cardoza Hampton. Judgment for the plaintiff, and defendant appeals.
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Before Wieson, J., Union. Action by Evelina Rice, as administratrix of the estate of S. M. Rice, deceased, against Cardoza Hampton. Judgment for the plaintiff, and defendant appeals. The contract on which 'the action was based was as follows: Union, S. C., April 2, 1912. For value received, I, Cordoza Hampton, residing at-, promise to pay to S. M. Rice, E. U„ or order, three hundred twenty-five dollars at Union, S. C., in-installments, namely: Fifteen dollars on the signing of this note, for which I hold receipt, $8.33J^ dollars on the per month till 191—,-dollars on the --day of-,. 191-—.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action upon a written instrument purporting to be a chattel mortgage or bill of sale, in which judgment is demanded for a deficiency alleged to be due, after applying the proceeds arising from the sale of the property, to a balance claimed by the plaintiff.
The defendant contends that it is not a chattel mortgage, but an optional contract between the vendor and the vendee wherein the vendor’s remedies are set forth in the written instrument, and that the plaintiff, having proceeded against the property, is now estopped…
2Cases cited2 opinions
- American Process Co. v. Florida White Pressed Brick Co.Supreme Court of Florida · 1908
- Blackwell v. British American Mtg. Co.Supreme Court of South Carolina · 1902
3Cited by2 opinions
- American Trust Co. v. W. S. Doig, Inc.Court of Appeals for the Fourth Circuit · 1928
- Smith v. Russ Mfg. Co.Supreme Court of South Carolina · 1932