Legal Opinion
Benedict College v. National Credit Systems, Inc.
Court of Appeals of South Carolina
Decided October 24, 2012No. Appellate Case No. 2010-174166; No. 5043PublishedCited by 2 opinions
1Opinion of the CourtThomas, J.
National Credit Systems, Inc. (NCS) appeals the dismissal of its counterclaim for civil conspiracy. NCS argues the circuit court erred in (1) finding it failed to state a claim upon which relief could be granted and (2) failing to provide an opportunity to amend its pleading. We reverse.
FACTS
On May 8, 2007, Benedict College entered into an Amended and Restated Mortgage and Security Agreement (the Security Agreement) with its lenders in exchange for a loan of $8.4 million. Among other restrictions, the Security Agreement required the College to obtain the written approval of its bond insurer,…
2Cases cited12 opinions
- Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina · 1999
- Pye v. Estate of Fox Ex Rel. Estate of FoxSupreme Court of South Carolina · 2006
- Doe v. MarionSupreme Court of South Carolina · 2007
- Hackworth v. Greywood at Hammett, LLCCourt of Appeals of South Carolina · 2009
- Gentry v. YonceSupreme Court of South Carolina · 1999
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3Cited by2 opinions
- SIB Development & Consulting, Inc. v. Save Mart SupermarketsDistrict Court, D. South Carolina · 2017
- Giraldo v. City of ColumbiaDistrict Court, D. South Carolina · 2014