Ford Motor Credit Co. v. Morales
Cases that cite this one
5 later published cases cite this decision.
- US BANK TRUST NAT. ASS'N v. Bell (S.C. Ct. App. 2009)
- U.S. Bank Trust National Ass'n v. Bell (S.C. Ct. App. 2009)
- APAC-Carolina, Inc. v. Towns of Allendale & Fair Fax (District Court, D. South Carolina 1993)
- Guardian Fidelity Corp. v. First South Savings Bank (S.C. Ct. App. 1988)
- Carolina Commercial Bank v. Allendale FurNiture Co. (S.C. Ct. App. 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Respondent brought this claim and delivery action to establish its right to possession of a truck purchased by appellant on a conditional sales contract under which appellant had allegedly defaulted. Appellant answered, asserting he had not defaulted on the contract, and counterclaimed alleging conversion by respondent. After presentation of the entire case, the court granted respondent’s directed verdict motion and denied appellant’s motion for a directed verdict on his counterclaim. We affirm.
The uncontradicted evidence shows respondent’s employees told appellant that respondent did not intend to accept overdue payments on the contract beyond June 26,1979, and that actions would be begun at that time to recover the truck. Appellant mailed the payments on June 28, *390 1979. A payment of a debt is not considered made until it is accepted by the creditor with the intention of extinguishing the debt. In re McElmurray, 47 F.Supp. 15, 19 (D.S.C. 1942); 60 Am. Jur. (2d) Payment § 1 at 612 (1972); 70 C.J.S. Payment § 1 at 210-211 (1951).
We affirm the lower court’s rulings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.