Carolina Commercial Bank v. Allendale FurNiture Co.
Court of Appeals of South Carolina
1Opinion of the Court
Cureton, Justice:
This is an action for foreclosure of a mortgage on real property brought by Carolina Commercial Bank, the mortgagee, against Allendale Furniture, Inc., the mortgagor, and two other defendants, a junior mortgagee and a judgment creditor. The case was tried before a Master who recommended foreclosure. The circuit court concurred and ordered the mortgage foreclosed.
The principal issues on appeal are (1) whether a mortgagee can invoke an acceleration clause without notifying the mortgagor of its intent to change a long-standing practice of accepting late payments, and (2) whether…
Also in this document: Concurrence.
2Cases cited16 opinions
- Murphy v. HaganSupreme Court of South Carolina · 1980
- Lee v. O'QuinnSupreme Court of Georgia · 1937
- Clark v. PaddockIdaho Supreme Court · 1913
- River Holding Co. v. NickelSupreme Court of Florida · 1952
- Gunby v. IngramWashington Supreme Court · 1910
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re ClarkCourt of Appeals for the Seventh Circuit · 1984
- 10 Collier bankr.cas.2d 1280, Bankr. L. Rep. P 69,929 in the Matter of Hugh R. Clark and Joanne Clark, Debtors-Appellants. Federal Land Bank of St. PaulCourt of Appeals for the Seventh Circuit · 1984
- In Re DemoffUnited States Bankruptcy Court, N.D. Indiana · 1989
- Allendale Furniture Co. v. Carolina Commercial BankSupreme Court of South Carolina · 1985
- Howard v. South Carolina National BankCourt of Appeals of South Carolina · 1986
2 more not listed; retrieve them via the Exa API.