Green v. Winona Elevator Co., 48332
| Citation | 319 So.2d 224 |
| Decision Date | 06 October 1975 |
| Docket Number | No. 48332,48332 |
| Parties | James L. GREEN et al., Defendants-Appellants, v. WINONA ELEVATOR COMPANY, a Mississippi Corporation, Complainant-Appellee. |
| Court | United States State Supreme Court of Mississippi |
Eaves & Eaves, Jackson & Louisville, for defendants-appellants.
Schissel & Harrigill, W. S. Stuckey, Jr., Greenwood, for complainant-appellee.
Before PATTERSON, INZER and WALKER, JJ.
This creditor's suit arises from a decree of the Chancery Court of Leflore County favorable to the complainant. There Winona Elevator Company, hereinafter Winona, sued James L. Green, hereinafter Green, his wife and son for fraudulently conveying, it is alleged, a large quantity of soybeans. The principal issue is venue, occasioned by the situs of the soybeans in Leflore County and Green's residence in Choctaw County.
On February 16, 1973, Green entered into a contract with Winona, a Mississippi corporation, with its principal place of business in Montgomery County for the delivery of 10,000 bushels of soybeans to it on or before December 31, 1973, for $4.15 per bushel.
In reliance upon this agreement Winona contracted the sale of 10,000 bushels of beans to the Co-Op Elevator Company of Greenwood, Leflore County. When Green failed to deliver as he had agreed to do, Winona purchased soybeans at a higher price to fullfill its contract with Co-Op Elevator Company.
After December 31, 1973, Winona demanded delivery of the beans from Green and upon his failure to deliver in accord with the contract, billed him for $13,500, the difference between the price of the beans that Green had agreed to deliver and the price the company was required to pay for them on the open market. Thereafter, Winona received information that Green had stored approximately 16,132 bushels of soybeans in the Co-Op Elevator Company of Greenwood, and filed its bill in Leflore County alleging that Green had fraudulently conveyed soybeans owned by him to his wife and son.
An affidavit of sequestration was also filed to detain 2,250 bushels of the beans, aggregate value of $13,500, within the state to protect the complainant's interest.
The defendant, preliminary to trial, moved for a change of venue to Choctaw County, his place of residence, invoking Mississippi Code Annotated section 11-5-5 (1972) which states in part that such change may be made 'upon the same terms, and for the same causes provided for in the circuit court, . . .' and, of course, Mississippi Code Annotated section 11-11-3 (1972) provides, with some exceptions, that venue belongs to the county of the residence of the defendant. This motion was overruled by the trial court. We affirm.
The bill of complaint alleges that Green fraudulently conveyed the greater portion of the soybeans to his wife and son for the purpose of hindering, delaying or defrauding the complainant from subjecting the beans to the satisfaction of its demand arising from the breach of contract. The bill of complaint is in accord with Mississippi Code Annotated section 11-5-75 (1972) entitled Creditors may attack fraudulent...
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