Planters Trust & Sav. Bank v. L & W FARMS, INC.

496 So. 2d 1268, 1986 La. App. LEXIS 8074
CourtLouisiana Court of Appeal
DecidedNovember 5, 1986
Docket85-1197
StatusPublished
Cited by5 cases

This text of 496 So. 2d 1268 (Planters Trust & Sav. Bank v. L & W FARMS, INC.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Planters Trust & Sav. Bank v. L & W FARMS, INC., 496 So. 2d 1268, 1986 La. App. LEXIS 8074 (La. Ct. App. 1986).

Opinion

496 So.2d 1268 (1986)

PLANTERS TRUST & SAVINGS BANK, Plaintiff-Appellee,
v.
L & W FARMS, INC., et al., Defendants-Appellants.

No. 85-1197.

Court of Appeal of Louisiana, Third Circuit.

November 5, 1986.
Writ Denied January 9, 1987.

Scofield, Bergstedt, etc., J. Michael Veron and Richard Perles, Lake Charles, for defendants-appellants.

David S. Rubin, Warren D. Rush, Lafayette, for plaintiff-appellee.

Before GUIDRY, DOUCET and KING, JJ.

KING, Judge.

The only issue presented by this appeal is whether or not the trial court erred in granting a summary judgment to the legal *1269 entity substituted for the plaintiff in this suit.

Planters Trust and Savings Bank (hereinafter referred to as Planters) brought suit on a promissory note against L & W Farms, Inc. (hereinafter referred to as L & W Farms) and also against Glenn O. Willoughby and Stephen O. Willoughby (hereinafter referred to as the Willoughbys) and John Leenerts and Roger Leenerts (hereinafter referred to as the Leenerts), the four shareholders of L & W Farms, as guarantors of the promissory note executed by L & W Farms. Subsequent to the filing of the lawsuit, two of the defendants, John Leenerts and Roger Leenerts, filed petitions for bankruptcy and were discharged in bankruptcy from their indebtedness. After partial trial of the suit and a recess of the trial, Planters was closed by the Louisiana Commissioner of Financial Institutions and the Federal Deposit Insurance Corporation (hereinafter referred to as the FDIC) was appointed as liquidator and later substituted as plaintiff in the pending suit. The FDIC then filed a motion for summary judgment. The trial court granted the summary judgment as prayed for and rendered judgment in favor of the FDIC and against L & W Farms and the Willoughbys, in solido, for the full principal amount of the promissory note sued on, plus interest, attorney's fees, and court costs. L & W Farms and the Willoughbys appeal the trial court's granting of the motion for summary judgment and the rendition of judgment against them. We affirm.

FACTS

L & W Farms, a Louisiana corporation owned by four shareholders, the Willoughbys and the Leenerts, was formed for the purpose of acquiring and farming property in Calcasieu Parish, Louisiana known as the Kinney Plantation. On August 17, 1981 L & W Farms executed a promissory hand note (hereinafter referred to as the hand note) to Planters in the principal amount of $564,769.60 and the proceeds from this loan were used to pay previous loans for farming operations and equipment. As security for the payment of this hand note, the Willoughbys and the Leenerts voluntarily signed continuing guarantees for the principal amount of the note and interest, attorney's fees, and court costs. The hand note represented the renewal of outstanding balances of prior notes owed by L & W Farms to Planters plus an unpaid $180,000.00 balance due on a note owed to Planters by Leenerts Farms, Inc., which was a separate farming entity owned by defendants, John Leenerts and Roger Leenerts.

On L & W Farms' failure to pay the hand note, Planters filed suit against L & W Farms and the Willoughbys and the Leenerts. Planters' petition sought judgment in its favor and against L & W Farms and its guarantors, the Willoughbys and the Leenerts, in solido, in the amount of $554,888.31, the unpaid principal balance of the hand note, plus interest, attorney's fees, and court costs. L & W Farms and the Willoughbys answered the suit and urged numerous affirmative defenses including failure of consideration, breach of contract, and fraud.

L & W Farms and the Willoughbys also filed a reconventional demand seeking relief against Planters' claims and also seeking damages, alleging that the hand note of L & W Farms, secured by the guarantees of the Willoughbys, given to Planters on August 17, 1981, was invalid and unenforceable on the grounds of Planters' breach of contract and negligent or fraudulent misrepresentations and that for these reasons they were entitled to damages.

Subsequent to the filing of the lawsuit the defendants, John Leenerts and Roger Leenerts, filed petitions for bankruptcy and were discharged in bankruptcy from their indebtedness to Planters under their continuing guarantees. Trial was held on April 11 and 12, 1984, after which the court recessed pending continuation of the trial on a later date. On May 18, 1984, the Louisiana Commissioner of Financial Institutions declared Planters insolvent and closed Planters. The FDIC was appointed *1270 as receiver and liquidator, and later substituted itself by court order as a party plaintiff in the litigation in place of Planters.

On June 28, 1985, the FDIC filed a motion for summary judgment. After conducting a hearing, the trial court granted the motion for summary judgment filed by the FDIC, and rendered judgment in favor of the FDIC and against L & W Farms and the Willoughbys, in solido, in the principal amount of $554,888.31, plus interest and attorney's fees, as provided in the hand note, and court costs. A written judgment was signed on September 13, 1985. L & W Farms and the Willoughbys have appealed, contending that the trial court erred in finding that the FDIC was entitled to summary judgment based on the evidence before the trial court. Specifically, defendants allege that the trial court erred:

(1) In not finding there was a question of fact regarding the amounts advanced to L & W Farms by Planters;
(2) In finding that L & W Farms' line of credit with Planters was not evidenced in writing; and
(3) In not finding a failure of cause under the financing contract of L & W Farms with Planters.

LAW

Summary judgment can not be rendered unless the pleadings, depositions, affidavits and like evidence show that there is no genuine issue as to a material fact and that the mover is entitled to judgment as a matter of law. LSA-C.C.P. Art. 966; Walker v. Graham, 343 So.2d 1171 (La. App. 3 Cir.1977), writ den., 346 So.2d 213 (La.1977). Inferences to be drawn from underlying facts contained in materials before the court must be viewed in the light most favorable to the party opposing the motion for summary judgment. Vermilion Corp. v. Vaughn, 397 So.2d 490 (La. 1981).

Defendants argue that there is a genuine issue of material fact as to the amounts advanced to L & W Farms by Planters, and for this reason contend that the trial court's granting of the summary judgment against them was improper. Specifically, defendants assert that the hand note for $564,769.60 was unenforceable due to a failure of consideration, since $180,000.00 of the principal amount represented by that hand note was credited by Planters Bank to the account of Leenerts Farms, Inc. rather than to the account of L & W Farms. It is appellants' contention that while funds represented by the hand note were borrowed for the account of L & W Farms that some of these funds were actually used for the benefit of another corporation.

The record shows that a promissory note for $180,000.00 was executed by Leenerts Farms, Inc. through its President, John Leenerts, to Planters on May 2, 1980. Notations on the back of the note reflect that the money was applied to the account of Leenerts Farms, Inc. However, the testimony of a bank officer and John Leenerts shows that it was not unusual for money to be borrowed by either L & W Farms or Leenerts Farms, Inc. and distributed to the account of the other corporation.

A.J.

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Bluebook (online)
496 So. 2d 1268, 1986 La. App. LEXIS 8074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/planters-trust-sav-bank-v-l-w-farms-inc-lactapp-1986.