Supreme Court of South Carolina

Ssi Medical Services, Inc., Respondent v. Donald L. Cox; Heritage Trust Federal Credit Union; North Charleston…

June 29, 1990301 S.C. 493

Summary

The South Carolina Supreme Court affirmed the trial court's grant of summary judgment in favor of SSI Medical Services on both the conversion and constructive trust claims against Donald L. Cox, holding that the evidence established a determinable sum of money that Cox wrongfully retained and that a constructive trust was appropriate. The Court also held that the existence of Cox’s counterclaim does not preclude summary judgment on SSI’s claims.

Holding

  • Whether Cox is liable for conversion of the money obtained from the sale of leased vehicles. Summary judgment was proper; Cox is liable for conversion.
  • Whether Cox is liable for a constructive trust arising from his retention of proceeds. Summary judgment was proper; Cox is liable for a constructive trust.
  • Whether the presence of Cox’s counterclaim for conversion bars summary judgment on SSI’s claims. The counterclaim does not preclude summary judgment on SSI’s claims.

Docket 23229

Cited authorities

  • Rule 56(e)

Cited by