NORTH CAROLINA NAT. BANK v. SHARPE

No. 7722SC220.

241 S.E.2d 360 (1978)

35 N.C. App. 404

NORTH CAROLINA NATIONAL BANK, a National Banking Association v. Charles F. SHARPE and wife, Betty R. Sharpe.

Court of Appeals of North Carolina.

February 21, 1978.


Attorney(s) appearing for the Case

Chamblee & Gourley by Robert H. Gourley, Statesville, for plaintiff-appellee.

West, Groome, Tuttle & Thomas by Carroll D. Tuttle, Lenoir, for defendants-appellees.


CLARK, Judge.

This appeal raises a single issue: Is the secured party under an obligation to take possession of the collateral after default upon request or demand of the debtor? In the case before us the evidence relating the debtor's demand that the secured party take possession is conflicting, raising a question of fact. Thus, in determining whether plaintiff's motion for summary judgment was properly granted, we assume as a fact that such demand was made.

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases