Winn & Lovett Grocery Co. v. Saffold Bros. Produce Co.

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM.
Citation164 So. 681,121 Fla. 833
PartiesWINN & LOVETT GROCERY CO. et als. v. SAFFOLD BROS. PRODUCE CO.
Decision Date03 December 1935

164 So. 681

121 Fla. 833

WINN & LOVETT GROCERY CO. et als.
v.
SAFFOLD BROS. PRODUCE CO.

Florida Supreme Court, Division A.

December 3, 1935


Rehearing Denied Jan. 6, 1936.

Suit by the Saffold Bros. Produce Company against the Winn & Lovett Grocery Company and others. Decree for complainant, and defendants appeal.

Affirmed. [164 So. 682] [121 Fla. 834] Appeal from Circuit Court, Orange County; Frank A. Smith, judge.

COUNSEL

Kay, Adams, Ragland & Kurz, of Jacksonville, and T. Paine Kelly, of Tampa, for appellants.

Hampton, Bull & Crom, of Tampa, and C. O. Andrews & Son, of Orlando, for appellee.

OPINION

PER CURIAM.

Saffold Bros. Produce Company, on April 11, 1931, obtained judgment in the circuit court in Hillsborough county against Bailey Produce Company for $15,273.15.

The execution which was issued on that judgment in Orange and Hillsborough counties was returned nulla bona.

The creditor's bill of Saffold Bros. Produce Company filed in Hillsborough county, was dismissed without prejudice and the decree affirmed on appeal. See Saffold Brothers Produce Co. v. Winn & Lovett Grocery Co., 111 Fla. 60, 149 So. 1.

Saffold Bros. Produce Company brought its amended creditor's bill in Orange county against Winn & Lovett Grocery Company, the Seminole Grocery Company, and the Bailey Produce Company, all Florida corporations, praying that the transfers of property described in the bill be declared null and void as against the lien of complainant's judgment; that the value [121 Fla. 835] of the property at the time of its transfer and conversion be ascertained by an accounting; that, if any substantial portion of the property can be discovered in the hands of any of defendants, it decreed subject to the lien of complainant's judgment; that, if any of said property be not recovered in kind, the defendant or defendants fraudulently appropriating it be decreed to pay the value thereof on complainant's judgment; that complainant may have a decree for the return of such other property found to have been wrongfully taken by defendants from Bailey Produce Company; and that a decree be given for the balance due thereon after applying the proceeds of the sale of property fraudulently transferred.

The bill was framed on the theory that W. R. Lovett, 'while thus representing the interests of the Winn & Lovett Grocery Co., and the Seminole Grocery Co., also secretly controlled and directed the financial operations of the defendant, Bailey Produce Co.,' and, while occupying this confidential status, caused Bailey Produce Company to make a bill of sale to Winn & Lovett Grocery Company of its 11 trucks and cars, and a chattel mortgage to the Seminole Grocery Company on all its equipment; and in November, 1930, caused the removal of all this property, secretly conveyed, from the place of business of the Bailey Produce Company in Orlando, Fla., to other places, thus impairing the rights of Saffold Bros. Produce Company, a creditor of Bailey Produce Company.

Testimony was taken before Special Master Campbell Thornal.

After final hearing of the master's report of the evidence and the briefs and arguments of counsel, the chancellor found that the conveyances complained of were executed by Bailey Produce Company to Winn & Lovett Grocery [121 Fla. 836] Company and to Seminole Grocery Company at the instance of grantees, secretly and fraudulently, to place the assets beyond the reach of complainant; that the property so removed has either been sold, dissipated, so mingled with defendants' [164 So. 683] property or so damaged that it is impracticable, if not impossible, to reach the same by...

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25 practice notes
  • Bellaire Securities Corp. v. Brown
    • United States
    • United States State Supreme Court of Florida
    • February 20, 1936
    ...109 Fla. 1, 148 So. 560; Third Ave. Co. v. Deely, 111 Fla. 46, 149 So. 30; Winn & Lovett Grocery Co. v. Saffold Bros. Produce Co. (Fla.) 164 So. 681; Mayer v. Eastwood-Smith & Co. (Fla.) 164 So. 684. Returning now to the question of whether the Bayview stockholders had incurred personal lia......
  • Baxter's Asphalt & Concrete, Inc. v. Liberty County, No. VV-370
    • United States
    • Court of Appeal of Florida (US)
    • March 10, 1981
    ...a court may award monetary compensation in lieu of the equitable remedy. Winn and Lovett Grocery Co. v. Saffold Bros. Produce Co., 121 Fla. 833, 164 So. 681 (1935); Beavers v. Conner, 258 So.2d 330 (Fla. 3d DCA 1972). Persuaded by these principles, we hold that the doctrine of promissory es......
  • Circle Finance Co. v. Peacock, No. TT-336
    • United States
    • Court of Appeal of Florida (US)
    • May 28, 1981
    ...be granted due to the defendant's wrongdoing, the court may award damages. Winn and Lovett Grocery Co. v. Saffold Bros. Produce Co., 121 Fla. 833, 164 So. 681 (1935); Beavers v. Conner, 258 So.2d 330 (Fla. 3d DCA The lower court had before it conflicting evidence from which it could determi......
  • Venice East, Inc. v. Manno, No. 5840.
    • United States
    • Court of Appeal of Florida (US)
    • May 13, 1966
    ...proper circumstances equity may award damages and render a personal decree for the payment of money. Winn & Lovett Grocery Co. v. Saffold, 121 Fla. 833, 164 So. 681 (1935). However, in order for equity to grant legal relief incident to the cause, the basis for equitable relief must first be......
  • Request a trial to view additional results
25 cases
  • Bellaire Securities Corp. v. Brown
    • United States
    • United States State Supreme Court of Florida
    • February 20, 1936
    ...109 Fla. 1, 148 So. 560; Third Ave. Co. v. Deely, 111 Fla. 46, 149 So. 30; Winn & Lovett Grocery Co. v. Saffold Bros. Produce Co. (Fla.) 164 So. 681; Mayer v. Eastwood-Smith & Co. (Fla.) 164 So. 684. Returning now to the question of whether the Bayview stockholders had incurred personal lia......
  • Baxter's Asphalt & Concrete, Inc. v. Liberty County, No. VV-370
    • United States
    • Court of Appeal of Florida (US)
    • March 10, 1981
    ...a court may award monetary compensation in lieu of the equitable remedy. Winn and Lovett Grocery Co. v. Saffold Bros. Produce Co., 121 Fla. 833, 164 So. 681 (1935); Beavers v. Conner, 258 So.2d 330 (Fla. 3d DCA 1972). Persuaded by these principles, we hold that the doctrine of promissory es......
  • Circle Finance Co. v. Peacock, No. TT-336
    • United States
    • Court of Appeal of Florida (US)
    • May 28, 1981
    ...be granted due to the defendant's wrongdoing, the court may award damages. Winn and Lovett Grocery Co. v. Saffold Bros. Produce Co., 121 Fla. 833, 164 So. 681 (1935); Beavers v. Conner, 258 So.2d 330 (Fla. 3d DCA The lower court had before it conflicting evidence from which it could determi......
  • Venice East, Inc. v. Manno, No. 5840.
    • United States
    • Court of Appeal of Florida (US)
    • May 13, 1966
    ...proper circumstances equity may award damages and render a personal decree for the payment of money. Winn & Lovett Grocery Co. v. Saffold, 121 Fla. 833, 164 So. 681 (1935). However, in order for equity to grant legal relief incident to the cause, the basis for equitable relief must first be......
  • Request a trial to view additional results

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