Legal Opinion

Shields v. Bobby Murray Chevrolet, Inc.

Court of Appeals of North Carolina

Decided January 8, 1980No. 7910DC54PublishedCited by 4 opinions

1Opinion of the Court

MORRIS, Chief Judge.

This appeal concerns the effect of a guaranty and repurchase agreement on a secured party’s right to dispose of collateral upon default under Article 9, Chapter 25 of the North Carolina General Statutes.

G.S. 25-9-503 provides that “[u]nless otherwise agreed a secured party has on default the right to take possession of the collateral.” Under G.S. 25-9-504, “[a] secured party after default may sell, lease, or otherwise dispose of any or all of the collateral. . . .” Furthermore, “[disposition of the collateral may be by public or private proceedings and may be made by way…

2Cases cited3 opinions

  1. Reeves v. Assoc. Financial Services Co., Inc.Nebraska Supreme Court · 1976
  2. Johnson Cotton Co. v. CannonSupreme Court of South Carolina · 1963
  3. Rangel v. Bock Motor Co.Court of Appeals of Texas · 1969

3Cited by4 opinions

  1. Boatmen's National Bank of Carthage v. EidsonMissouri Court of Appeals · 1990
  2. Hardin v. Norlin Music, Inc.Court of Appeals of Georgia · 1981
  3. Joyce v. Clover-Brook Homes, Inc.Court of Appeals of North Carolina · 1986
  4. Shields v. Bobby Murray Chevrolet, Inc.Court of Appeals of North Carolina · 1980

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API